Case number 1:17-cv-01302
360Heros, Inc. v. GoPro, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 2, 2023 | 383 | NOTICE OF SERVICE of Bill of Costs and Declaration of Mehrnaz Boroumand Smith in Support of Defendant GoPro, Inc.'s Bill of Costs (with Exhibits 1-19) filed by GoPro, Inc..(Rovner, Philip) (Entered: 10/02/2023) (2) |
| Sep 19, 2023 | 381 | BILL OF COSTS by GoPro, Inc.. (Rovner, Philip) (Entered: 09/19/2023) (13) |
| Sep 19, 2023 | 382 | DECLARATION re 381 Bill of Costs Declaration of Mehrnaz Boroumand Smith by GoPro, Inc.. (Attachments: # 1 Exhibit 1-19)(Rovner, Philip) (Entered: 09/19/2023) (0) |
| Aug 10, 2023 | 380 | NOTICE of of Compliance by 360Heros, Inc. re 379 Memorandum and Order,,, Terminate Motions,, (Attachments: # 1 Exhibit A)(Stamoulis, Stamatios) (Entered: 08/10/2023) (0) |
| Aug 3, 2023 | 379 | MEMORANDUM OPINION AND ORDER, The Court denies plaintiff's motion for a new trial and relief from judgment (dkt. no. 366 ) and defendant's motion for attorney's fees (dkt. no. 368 ). The Court also grants the motion to withdraw filed by counsel for 360Heros (dkt. no. 359 ), conditioned upon counsel advising 360Heros in writing of the present ruling and certifying on the docket that they have done so. The Clerk is directed to terminate all remaining motions. Signed by Judge Matthew F Kennelly on 8/3/2023. (apk) (Entered: 08/03/2023) (27) |
| Jun 6, 2023 | 378 | REDACTED VERSION of 376 Declaration of Mehrnaz Boroumand Smith by GoPro, Inc.. (Attachments: # 1 Exhibit L-Q)(Rovner, Philip) (Entered: 06/06/2023) (0) |
| Jun 4, 2023 | 377 | REPLY to Response to Motion re 366 MOTION for New Trial and Motion for Relief from Judgment filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 06/04/2023) (6) |
| May 30, 2023 | 373 | ANSWERING BRIEF in Opposition re 366 MOTION for New Trial and Motion for Relief from Judgment filed by GoPro, Inc..Reply Brief due date per Local Rules is 6/6/2023. (Rovner, Philip) (Entered: 05/30/2023) (15) |
| May 30, 2023 | 374 | DECLARATION re 373 Answering Brief in Opposition Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit A)(Rovner, Philip) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 375 | REPLY BRIEF re 363 MOTION for Attorneys Fees and Related Non-Taxable Expenses filed by GoPro, Inc.. (Rovner, Philip) (Entered: 05/30/2023) (15) |
| May 30, 2023 | 376 | [SEALED] DECLARATION re 375 Reply Brief Declaration of Mehrnaz Boroumand Smith by GoPro, Inc.. (Attachments: # 1 Exhibit L-Q)(Rovner, Philip) (Entered: 05/30/2023) (0) |
| May 22, 2023 | 371 | ANSWERING BRIEF in Opposition re 368 MOTION for Attorneys' Fees and Related Non-Taxable Expenses [Corrected] filed by 360Heros, Inc..Reply Brief due date per Local Rules is 5/30/2023. (Stamoulis, Stamatios) (Entered: 05/22/2023) (15) |
| May 22, 2023 | 372 | DECLARATION re 371 Answering Brief in Opposition of William Ramey by 360Heros, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stamoulis, Stamatios) (Entered: 05/22/2023) (0) |
| May 19, 2023 | 369 | REDACTED VERSION of 368 MOTION for Attorneys' Fees and Related Non-Taxable Expenses [Corrected] by GoPro, Inc.. (Rovner, Philip) (Entered: 05/19/2023) (24) |
| May 19, 2023 | 370 | REDACTED VERSION of 365 Declaration, of Mehrnaz Boroumand Smith by GoPro, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E, # 4 Exhibit F, # 5 Exhibit G-K)(Rovner, Philip) (Entered: 05/19/2023) (0) |
| May 18, 2023 | 368 | [SEALED] MOTION for Attorneys' Fees and Related Non-Taxable Expenses [Corrected] - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 05/18/2023) (0) |
| May 15, 2023 | 366 | [SEALED] MOTION for New Trial and Motion for Relief from Judgment - filed by 360Heros, Inc.. (Attachments: # 1 Text of Proposed Order)(Stamoulis, Stamatios) Modified on 5/16/2023 (twk). (Entered: 05/15/2023) (0) |
| May 15, 2023 | 367 | [SEALED] DECLARATION re 366 MOTION for New Trial and Motion for Relief from Judgment by 360Heros, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stamoulis, Stamatios) (Entered: 05/15/2023) (0) |
| May 13, 2023 | 365 | [SEALED] DECLARATION re 363 MOTION for Attorneys Fees and Related Non-Taxable Expenses Declaration of Mehrnaz Boroumand Smith by GoPro, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-E, # 4 Exhibit F, # 5 Exhibit G-K)(Rovner, Philip) (Entered: 05/13/2023) (0) |
| May 12, 2023 | 363 | [SEALED] MOTION for Attorneys Fees and Related Non-Taxable Expenses - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 05/13/2023) (0) |
| May 10, 2023 | 361 | ORAL ORDER, Defendant's motion for judgment as a matter of law are denied as moot 351 , 352 . Motion by counsel to withdraw 359 will not be considered given the current posture of the case until the deadline for post-trial motions under Rules 50 and 59 has expired. By the Court's calculation the deadline will expire on 5/26/2023. Motion by Cole Ramey to appear pro hac vice is granted 343 . Signed by Judge Matthew F Kennelly on 5/10/2023. (apk) (Entered: 05/10/2023) (0) |
| May 10, 2023 | 362 | MOTION and [Proposed] Order for Extension of Deadlines to File Motion for Fees and Costs [Expedited] - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 05/10/2023) (3) |
| May 9, 2023 | 360 | RESPONSE to Motion re 351 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 05/09/2023) (2) |
| May 2, 2023 | 359 | MOTION for William P. Ramey, III; Kyril Talanov; and Stamatios Stamoulis to Withdraw as Attorney - filed by 360Heros, Inc.. (Attachments: # 1 Text of Proposed Order)(Stamoulis, Stamatios) (Entered: 05/02/2023) (0) |
| Apr 28, 2023 | 352 | Second MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 04/28/2023) (6) |
| Apr 28, 2023 | 353 | [SEALED] JURY VERDICT. (twk) (Entered: 04/28/2023) (0) |
| Apr 28, 2023 | 354 | REDACTED VERSION of 353 JURY VERDICT. (twk) (Entered: 04/28/2023) (4) |
| Apr 28, 2023 | 355 | [SEALED] Jury Attendance List. (twk) (Entered: 04/28/2023) (0) |
| Apr 28, 2023 | 356 | Admitted Exhibit Lists. (twk) (Entered: 04/28/2023) (21) |
| Apr 28, 2023 | 357 | FINAL JUDGMENT Following Jury Verdict. (CASE CLOSED). Signed by Judge Matthew F Kennelly on 4/28/2023. (twk) (Entered: 04/28/2023) (1) |
| Apr 28, 2023 | 358 | Final Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,152,019. (twk) (Entered: 04/28/2023) (1) |
| Apr 25, 2023 | 351 | MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 04/25/2023) (4) |
| Apr 24, 2023 | 349 | PRELIMINARY Jury Instructions read to jury panel on 4/24/2023.(twk) (Entered: 04/25/2023) (10) |
| Apr 24, 2023 | 350 | VOIR DIRE QUESTIONS propounded to jury pool on 4/24/2023. (twk). (Entered: 04/25/2023) (2) |
| Apr 20, 2023 | 348 | Exhibit List Plaintiff's Amended Exhibit List by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 04/20/2023) (12) |
| Apr 19, 2023 | 347 | Minute Entry for proceedings held before Judge Matthew F Kennelly: Final Pretrial Conference held on 3/17/2023. This order memorializes rulings made at the 3/17/2023 final pretrial conference and also addresses certain more recently submitted letters. The parties should consult the record of the final pretrial conference for further details on the motion in limine rulings. (A) The Court rules as follows on defendant's motions in limine: (1 & 2) Motions 1 (to bar disparagement of defendant) and 2 (to exclude conjecture by witness Kintner regarding defendant's actions and motives) are granted. (3) Motion 3 (to exclude defendant's total sales etc.) is granted with the exception that plaintiff may present evidence regarding sales and revenue associated with the accused device. (4) Motion 4 (to exclude evidence regarding IPR proceedings) is granted; no evidence regarding the IPR may be presented before the jury. The Court also reminded the parties that claim construction is a matter for the Court to decide and not the jury. (5) Motion 5 (to exclude opinion testimony from non-experts) is denied without prejudice to making appropriate objections at trial. (6) Motion 6 (to bar reference to USPTO alleged bias) is granted. (7 & 8) Motions 7 (to exclude evidence and argument about a reasonable royalty rate and the Yi license) are denied. However witness Kintner may render testimony on these points only from his personal knowledge as a fact witness and may not offer expert opinions. In addition the relevant details regarding the Yi license may be introduced into evidence. Counsel may during argument ask the jury to draw reasonable inferences from the evidence. (9) Motion 9 (to bar reference to enhanced damages) is granted to the following extent. The parties may make arguments regarding willful infringement but not regarding any enhancement of damages. (10) Motion 10 (to bar testimony regarding unclaimed features) should have been filed as a Daubert motion and is denied without prejudice to making appropriate objections at trial. (B) The Court rules as follows on plaintiff's motions in limine: (1 & 3) Motions 1 (other litigation) and 3 (other lawsuits) are both granted with the exception that evidence may be introduced of the fact that defendant filed a lawsuit in April 2016 seeking a declaration of noninfringement and/or invalidity (which may be relevant on the issue of willful infringement). The Court notes in particular that any impeachment based on testimony or filings in the other lawsuits or proceedings must be done without reference to the fact that the testimony or filing was made in a separate lawsuit or proceeding. (2) Motion 2 (to exclude testimony by expert Ryan Thomas) is denied. (4) Motion 4 (to exclude certain prior art) is agreed upon and is therefore granted. (5) Motion 5 (to exclude dropped claims and theories) is granted to the extent stated on the record. The parties are encouraged to reach an appropriate stipulation as further discussed on the record in order to avoid reference to prior rulings by the Court. (C) In addition to the motions in limine the parties have submitted letters to the Court regarding various issues relating to the trial. The Court addresses these as follows: (a) Witnesses McDonald and Dansky may testify by simultaneous video connection. (b) As to witness Dansky the Court adopts the proposals in the 3/31/2023 letter regarding the plaintiff calling Dansky during its case in chief. (c) As to any and all remote witnesses the parties are ordered to communicate with the courtroom deputy clerk and to make sure they have made the necessary arrangements to present the simultaneous testimony at the appropriate times during the trial to avoid disruption. Any lost time will be charged against the trial time of the party responsible for the lost time. (d) The parties are directed to have the agreed-upon preliminary jury instructions and the FJC patent video loaded onto one or both parties' computers in the courtroom so that they may be projected to the jury before opening statements on the first day of trial. (twk) (Entered: 04/20/2023) (0) |
| Apr 7, 2023 | 346 | Proposed Jury Instructions by GoPro, Inc. Defendant GoPro's Proposed Disputed Jury Instructions on Damages. (Rovner, Philip) (Entered: 04/07/2023) (9) |
| Apr 6, 2023 | 345 | Exhibit List Amended Exhibit List by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 04/06/2023) (11) |
| Apr 5, 2023 | 343 | MOTION for Pro Hac Vice Appearance of Attorney Cole B. Ramey - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 04/05/2023) (3) |
| Apr 5, 2023 | 344 | Letter to The Honorable Matthew F. Kennelly from William P. Ramey III regarding Request Permission to Present a Witness Remotely. (Stamoulis, Stamatios) (Entered: 04/05/2023) (1) |
| Mar 31, 2023 | 342 | Letter to The Honorable Matthew F. Kennelly from Philip A. Rovner regarding GoPro's Damages Expert. (Rovner, Philip) (Entered: 03/31/2023) (1) |
| Mar 16, 2023 | 340 | MOTION for Pro Hac Vice Appearance of Attorney Kathleen R. Geyer and S. Emma Lee - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 03/16/2023) (4) |
| Mar 16, 2023 | 341 | OBJECTIONS by 360Heros, Inc. to 263 Notice of Service, 312 Proposed Pretrial Order to Defendant's Exhibit List. (Stamoulis, Stamatios) (Entered: 03/16/2023) (29) |
| Mar 15, 2023 | 339 | STATEMENT re 313 Exhibit to a Document, 333 Statement GoPro, Inc.'s Reply Brief in Support of Motions In Limine Nos. 1-10 by GoPro, Inc.. (Rovner, Philip) (Entered: 03/15/2023) (26) |
| Mar 13, 2023 | 338 | ANSWERING BRIEF in Opposition re 334 MOTION in Limine to Exclude Evidence of the Yi Settlement Agreement filed by 360Heros, Inc..Reply Brief due date per Local Rules is 3/20/2023. (Stamoulis, Stamatios) (Entered: 03/13/2023) (10) |
| Mar 7, 2023 | 337 | REDACTED VERSION of 335 Declaration by GoPro, Inc.. (Attachments: # 1 Exhibit A-D)(Rovner, Philip) (Entered: 03/07/2023) (0) |
| Mar 6, 2023 | 334 | [SEALED] MOTION in Limine to Exclude Evidence of the Yi Settlement Agreement - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 03/06/2023) (0) |
| Mar 6, 2023 | 335 | [SEALED] DECLARATION re 334 MOTION in Limine to Exclude Evidence of the Yi Settlement Agreement Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit A-D)(Rovner, Philip) (Entered: 03/06/2023) (0) |
| Mar 6, 2023 | 336 | REDACTED VERSION of 334 MOTION in Limine to Exclude Evidence of the Yi Settlement Agreement by GoPro, Inc.. (Rovner, Philip) (Entered: 03/06/2023) (21) |
| Mar 3, 2023 | 333 | STATEMENT re 313 Exhibit to a Document "Response in Opposition to GoPro Inc.'s Motions in Limine (Nos. 1-10) (D.I. 313) by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 03/03/2023) (7) |
| Feb 24, 2023 | 332 | ORAL ORDER, As counsel have previously been advised the final pretrial conference in this case is set for 3/17/2023 at 9:30 AM Central Time (10:30 AM Eastern Time). The conference will be conducted by video conference. Judge Kenelly's courtroom deputy clerk will send out a video invitation a few days before the conference. (A Pretrial Conference is set for 3/17/2023 at 10:30 AM Virtually before Judge Matthew F Kennelly.) Signed by Judge Matthew F Kennelly on 2/24/2023. (apk) (Entered: 02/24/2023) (0) |
| Feb 22, 2023 | 331 | ORAL ORDER, This case is set for a telephonic hearing on 2/24/2023 at 9:15 AM CT (10:15 AM ET) to address the issues raised in the recent exchange of correspondence by counsel. The following call-in number will be used: 888-684-8852; access code 746-1053. Ordered by Judge Matthew F Kennelly on 2/22/2023. (twk) (Entered: 02/22/2023) (0) |
| Feb 21, 2023 | 330 | Letter to The Honorable Matthew F. Kennelly from Philip A. Rovner regarding response to Plaintiff 360Heros, Inc.'s February 7, 2023 letter - re 329 Letter. (Rovner, Philip) (Entered: 02/21/2023) (3) |
| Feb 7, 2023 | 329 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding attaching letter from lead counsel. (Attachments: # 1 Letter from Lead Counsel, # 2 Proposed Amended Verdict Form)(Stamoulis, Stamatios) (Entered: 02/07/2023) (0) |
| Jan 26, 2023 | 328 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding attaching letter from Trial Counsel - re 326 Letter. (Attachments: # 1 Letter)(Stamoulis, Stamatios) (Entered: 01/26/2023) (0) |
| Jan 25, 2023 | 327 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding response to Defendant's Letter - re 326 Letter. (Stamoulis, Stamatios) (Entered: 01/25/2023) (1) |
| Jan 24, 2023 | 326 | Letter to The Honorable Matthew F. Kennelly from Philip A. Rovner regarding Motion to Withdraw - re 325 Letter. (Attachments: # 1 Exhibit A-E)(Rovner, Philip) (Entered: 01/24/2023) (0) |
| Jan 19, 2023 | 325 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding Continued search for new cousel - re Oral Order,,,, Set Hearings,,,, Set Deadlines,,,. (Attachments: # 1 Letter)(Stamoulis, Stamatios) (Entered: 01/19/2023) (0) |
| Jan 5, 2023 | 324 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding search for new local counsel - re 323 Oral Order,,,, Set Deadlines/Hearings,,,. (Stamoulis, Stamatios) (Entered: 01/05/2023) (1) |
| Dec 20, 2022 | 323 | ORAL ORDER, Telephonic hearing held on 12/20/2022. Plaintiffs motion to compel the attendance of defendants damages expert at trial is denied for the reasons stated on the record. Plaintiffs motion to withdraw appearance of local counsel is again continued pending retention of replacement local counsel. Plaintiff is directed to file a written status report in this regard on 1/6/2023. A further telephonic status hearing is set for 1/10/2023 at 8:30 AM CT (9:30 AM ET). The following call-in number will be used: 888-684-8852; access code 746-1053. ( Status Report due by 1/6/2023., A Status Conference is set for 1/10/2023 at 09:30 AM in Telephonically before Judge Matthew F Kennelly). Signed by Judge Matthew F Kennelly on 12/20/2022. (apk) (Entered: 12/20/2022) (0) |
| Dec 12, 2022 | 322 | Letter to The Honorable Matthew F. Kennelly from Philip A. Rovner regarding response to motion to compel Dansky - re 315 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rovner, Philip) (Entered: 12/12/2022) (0) |
| Dec 8, 2022 | 321 | ORAL ORDER, Telephonic motion hearing held on 12/8/2022. Jury trial date of 1/30/2023 is vacated and reset to 4/24/2023 at 9:15 a.m. for the reasons stated on the record. Motion by local counsel Stamatios Stamoulis to withdraw 314 is entered and continued pending plaintiffs attempt to secure replacement local counsel. A status report on this point is to be filed on 12/15/2022. Plaintiffs request for permission to file a motion to compel will be treated as a motion to compel without objection by the defendant. Defendants response is due 12/12/2022 but may be filed earlier; plaintiffs reply is due 2 days after the filing of defendants response. The pretrial conference set for 12/16/2022 is vacated and will be reset at a later date. A telephonic status and motion hearing is set for 12/20/2022 at 8:30 AM CT (9:30 AM CT). The following call-in number will be used: 888-684-8852; access code 746-1053. Motion of Jennifer Price and Kyril Talanov to appear pro hac vice 320 is granted. Signed by Judge Matthew F Kennelly on 12/8/2022. (apk) (Entered: 12/08/2022) (0) |
| Dec 7, 2022 | 320 | MOTION for Pro Hac Vice Appearance of Attorney Jennifer Price and Kyril Talanov - filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 12/07/2022) (5) |
| Dec 5, 2022 | 319 | [SEALED] Official Transcript of Video Hearing held on 11/4/2022 before Judge Matthew F. Kennelly. Court Reporter/Transcriber Carolyn R. Cox. Transcript may be viewed at the court public terminal or order/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 12/27/2022. Redacted Transcript Deadline set for 1/5/2023. Release of Transcript Restriction set for 3/6/2023. (apk) (Entered: 12/05/2022) (0) |
| Dec 2, 2022 | 316 | Proposed Jury Instructions by GoPro, Inc. . (Rovner, Philip) (Entered: 12/02/2022) (30) |
| Dec 2, 2022 | 317 | Proposed Voir Dire by GoPro, Inc.. (Rovner, Philip) (Entered: 12/02/2022) (2) |
| Dec 2, 2022 | 318 | VERDICT SHEET by GoPro, Inc. [Proposed] Verdict Form. (Rovner, Philip) (Entered: 12/02/2022) (6) |
| Dec 1, 2022 | 315 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding Permission to file Motion to Compel Attendance of GoPro's Expert on Damages, Mr. Dansky. (Attachments: # 1 Exhibit A)(Stamoulis, Stamatios) (Entered: 12/01/2022) (0) |
| Nov 30, 2022 | 314 | MOTION for Stamatios Stamoulis to Withdraw as Attorney - filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 11/30/2022) (2) |
| Nov 21, 2022 | 312 | Proposed Pretrial Order Joint [Proposed] Pretrial Order by 360Heros, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Exhibit F)(Stamoulis, Stamatios) (Entered: 11/21/2022) (0) |
| Nov 21, 2022 | 313 | [SEALED] EXHIBIT re 312 Proposed Pretrial Order by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 11/21/2022) (0) |
| Nov 14, 2022 | 311 | ORAL ORDER, The Court denies plaintiff's motion for certification for interlocutory appeal of the order striking certain expert testimony and damages evidence. The rulings in question will be reviewable on appeal after entry of final judgment. The trial is set to occur in the very near future--late January 2023. Thus an interlocutory appeal would be unlikely to materially advance the ultimate termination of the litigation. In addition the rulings in question are highly fact-bound and do not in the Court's view constitute controlling questions of law. In short at least two of the four criteria for certification under 28 USC 1292(b) are not met. For these reasons granting plaintif's motion would be inappropriate. Ordered by Judge Matthew F Kennelly on 11/14/2022. (smg) (Entered: 11/14/2022) (0) |
| Nov 9, 2022 | 310 | ORAL ORDER, Telephonic status hearing held. Plaintiff declined the offer of a bench trial. The motion for certification of an interlocutory appeal is taken under advisement. The trial date of 1/9/2023 is vacated and reset to 1/30/2023 at 9:00 AM Chicago time. This will be a time-limited trial of no more than 5 days including jury selection. Signed by Judge Matthew F Kennelly on 11/9/2022. (twk) (Entered: 11/09/2022) (0) |
| Nov 4, 2022 | 309 | ORAL ORDER, Video motion hearing held on 11/4/2022. Further argument heard on plaintiffs motion for certification under 28 USC 1292(b). The motion is taken under advisement. The Court also discussed with the parties the likely need to reset the 1/9/2023 jury trial date. The Court requested that the counsel discuss with their clients the possibility of a bench trial (including the possibility of conducting it by video conference) given the current status of the case is the 1292(b) motion is denied. The Court also discussed that if a bench trial is agreed to the Court would encourage the parties to stipulate to evidence and facts to the extent reasonably possible. A further telephonic status hearing is set for 11/9/2022 at 8:30 a.m. Central Time. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. (A Telephone Conference is set for 11/9/2022 at 08:30 AM in Telephonically before Judge Matthew F Kennelly). Signed by Judge Matthew F Kennelly on 11/4/2022. (apk) (Entered: 11/04/2022) (0) |
| Oct 28, 2022 | 307 | RESPONSE to Motion re 306 REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals Regarding Striking of Expert Report and Evidence of Damages filed by GoPro, Inc.. (Rovner, Philip) (Entered: 10/28/2022) (14) |
| Oct 28, 2022 | 308 | DECLARATION re 307 Response to Motion Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit 1-4)(Rovner, Philip) (Entered: 10/28/2022) (0) |
| Oct 21, 2022 | 306 | REQUEST for Certification of Direct Appeal to the U.S. Court of Appeals Regarding Striking of Expert Report and Evidence of Damages - filed by 360Heros, Inc.. (Attachments: # 1 Exhibit A-C)(Stamoulis, Stamatios) (Entered: 10/21/2022) (0) |
| Oct 14, 2022 | 305 | ORAL ORDER: Telephonic status hearing held on 10/14/2022 to discuss the proposal by plaintiff's counsel in their letter to the Court. Plaintiff is given until 10/21/2022 to file a motion for certification under 28 USC 1292(b). Defendant is given until 10/28/2022 to file a reply. Video motion hearing is set for 11/4/2022 at 10:00 AM Central Time (11:00 AM Eastern Time). Judge Kennelly's courtroom deputy clerk will send a video invitation a few days in advance of the hearing. Ordered by Judge Matthew F Kennelly on 10/14/2022. (nmg) (Entered: 10/14/2022) (0) |
| Oct 7, 2022 | 304 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding position regarding trial. (Attachments: # 1 Exhibit)(Stamoulis, Stamatios) (Entered: 10/07/2022) (0) |
| Oct 6, 2022 | 303 | ORAL ORDER: The previously set final pretrial conference date of 10/7/2022 is vacated. The final pretrial conference remains set for 12/16/2022 at 10:00 AM CT (11:00 AM ET). Ordered by Judge Matthew F Kennelly on 10/06/2022. (smg) (Entered: 10/06/2022) (0) |
| Aug 14, 2022 | 302 | Letter to The Honorable Matthew F. Kennelly from Stamatios Stamoulis regarding Conflict with Trial Date. (Stamoulis, Stamatios) (Entered: 08/14/2022) (1) |
| Aug 8, 2022 | 300 | ORAL ORDER: The joint motion to redact 276 is granted. The item in question will be redacted from the version of the Report and Recommendation to be filed in the public record. The unredacted version 275 will be maintained under seal. Ordered by Judge Matthew F Kennelly on 08/08/2022. (smg) (Entered: 08/08/2022) (0) |
| Aug 8, 2022 | 301 | REDACTED VERSION of 275 SEALED REPORT AND RECOMMENDATIONS re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by GoPro, Inc. Signed by Judge Christopher J. Burke on 3/30/2022.(smg) (Entered: 08/08/2022) (30) |
| Aug 5, 2022 | 299 | Joint STIPULATION TO EXTEND TIME Pretrial Dates to - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 08/05/2022) (4) |
| Aug 4, 2022 | 297 | ORAL ORDER, the automatic referral of the joint motion to redact 276 to Magistrate Judge Burke is hereby terminated. The motion will be addressed by the assigned district judge. Ordered by Judge Matthew F Kennelly on 8/4/2022. (twk) (Entered: 08/04/2022) (0) |
| Aug 4, 2022 | 298 | PROPOSED ORDER Pretrial Conference Schedule re 296 Oral Order,,, Set Hearings,, by GoPro, Inc.. (Rovner, Philip) (Entered: 08/04/2022) (4) |
| Aug 1, 2022 | 296 | ORAL ORDER, Settlement conference held by video with counsel of record and party representatives present. Settlement does not appear to be possible at this time. At the Court's instance the trial date of 10/17/2022 is vacated and reset to 1/9/2023. A total of five trial days is allocated to the trial. The parties may modify the remainder of the schedule for pretrial submissions to the Court if they wish to do so. Any modification should be provided by way of a joint status report by no later than 8/4/2022. The case is set for a telephonic status hearing on 8/31/2022 at 8:40 AM CT (9:40 AM ET). The following call-in number will be used: 888-684-8852; access code 746-1053. Ordered by Judge Matthew F Kennelly on 8/1/2022. (twk) (Entered: 08/01/2022) (0) |
| Jul 20, 2022 | 295 | Joint STATUS REPORT by GoPro, Inc.. (Rovner, Philip) (Entered: 07/20/2022) (1) |
| Jul 15, 2022 | 294 | ORAL ORDER, This case is set for a telephonic status hearing on 7/21/2022 at 8:30 AM CT (9:30 AM ET) to discuss the progress of settlement discussions as well as the trial date. The following call-in number will be used: 888-684-8852; access code 746-1053. Signed by Judge Matthew F Kennelly on 7/15/2022. (apk) (Entered: 07/15/2022) (0) |
| Jul 6, 2022 | 293 | Joint Letter to The Honorable Matthew F. Kennelly from Counsel regarding Status Report. (Rovner, Philip) (Entered: 07/06/2022) (1) |
| Jun 22, 2022 | 292 | ORAL ORDER, Telephonic status hearing held on 6/22/2022. Final pretrial conference is set for 10/7/2022 at 9:00 a.m. The pretrial conference will be held by video conference. The Court will send out the video conference invitation a few days in advance of the hearing. The parties are directed to submit a joint status report regarding the progress of settlement discussions on 7/6/2022 and every 14 days thereafter until relieved of this obligation by the Court. Ordered by Judge Matthew F Kennelly on 06/22/2022. (smg) (Entered: 06/22/2022) (0) |
| Jun 20, 2022 | 291 | Joint Letter to The Honorable Matthew F. Kennelly from Counsel regarding Status Report. (Rovner, Philip) (Entered: 06/20/2022) (4) |
| Jun 8, 2022 | 290 | MEMORANDUM AND ORDER, Court grants plaintiff's motion to supplement (dkt. no. 284 ) in part and denies it in part. The motion is granted with respect to the proposed supplemental report by Randall King (with the condition noted in the body of this order) and denied with respect to the proposed supplemental reports by Scott Bayley and Michael Kintner. The Court also adopts the pretrial conference schedule set out by the parties in their joint stipulation filed on May 16, 2022 (dkt. no. 286 ), with the exception of the date for the final pretrial conference, which the Court will set at the next status hearing in this case. The case is set for a telephonic status hearing on June 22, 2022 at 8:20 AM Central time (9:20 A.M. Eastern time), using call-in number 888-684-8852, access code 746-1053. (See Order for further details and deadlines). Signed by Judge Matthew F Kennelly on 6/8/2022. (twk) (Entered: 06/08/2022) (5) |
| May 31, 2022 | 288 | REPLY BRIEF re 284 MOTION to Supplement Expert Reports filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 05/31/2022) (4) |
| May 31, 2022 | 289 | MEMORANDUM OPINION AND ORDER. Signed by Judge Matthew F Kennelly on 5/31/2022. (cna, ) (Entered: 05/31/2022) (23) |
| May 23, 2022 | 287 | ANSWERING BRIEF in Opposition re 284 MOTION to Supplement Expert Reports filed by GoPro, Inc..Reply Brief due date per Local Rules is 5/31/2022. (Rovner, Philip) (Entered: 05/23/2022) (22) |
| May 16, 2022 | 286 | Joint STIPULATION regarding Proposed Pretrial Conference Schedule by GoPro, Inc.. (Rovner, Philip) (Entered: 05/16/2022) (3) |
| May 10, 2022 | 285 | ORAL ORDER, The automatic referral of discovery and other pretrial matters to the Magistrate Judge is hereby terminated. Plaintiff has filed a motion to supplement expert reports 284 . This motion will be addressed by the assigned District Judge. The default briefing schedule set forth in Local Rule 7.1.2(b) will apply. Entered by Judge Matthew F Kennelly on 5/10/2022. (nmg) (Entered: 05/10/2022) (0) |
| May 9, 2022 | 284 | [SEALED] MOTION to Supplement Expert Reports - filed by 360Heros, Inc.. (Attachments: # 1 Exhibit A-C)Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) (Entered: 05/09/2022) (0) |
| Apr 27, 2022 | 283 | RESPONSE TO OBJECTIONS by GoPro, Inc. re 279 Objection to Report and Recommendations . (Rovner, Philip) (Entered: 04/27/2022) (15) |
| Apr 15, 2022 | 282 | NOTICE of Lodging of Courtesy Copies by GoPro, Inc. re 280 Objection to Report and Recommendations (Rovner, Philip) (Entered: 04/15/2022) (2) |
| Apr 13, 2022 | 279 | OBJECTION to 275 Report and Recommendations by 360Heros, Inc.. (Weinblatt, Richard) (Entered: 04/13/2022) (11) |
| Apr 13, 2022 | 280 | OBJECTION to 275 Report and Recommendations by GoPro, Inc.. (Attachments: # 1 Certification)(Rovner, Philip) (Entered: 04/13/2022) (0) |
| Apr 13, 2022 | 281 | NOTICE of Plaintiff's Certification Pursuant to Standing Order for Objections Filed Under Fed. R. Civ. P. 72 by 360Heros, Inc. (Stamoulis, Stamatios) (Entered: 04/13/2022) (1) |
| Apr 12, 2022 | 278 | ORAL ORDER: Magistrate Judge Burke has previously ordered that any objections to his report and recommendation dated 3/30/2022 are to be filed by 4/13/2022. Responses to any objections are to be filed by 4/27/2022. The telephonic status hearing set for 4/14/2022 is vacated and reset to 5/5/2022 at 9:15 AM ET (8:15 AM CT). The following call-in number will be used: 888-684-8852; access code 746-1053.Ordered by Judge Matthew F Kennelly on 4/12/2022. (cna, ) (Entered: 04/12/2022) (0) |
| Apr 8, 2022 | 277 | REDACTED VERSION of 276 Joint MOTION to Redact Select Portions of Report and Recommendation on GoPro's Summary Judgment and Daubert Motion re 275 REPORT AND RECOMMENDATIONS re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclud by GoPro, Inc.. (Attachments: # 1 Exhibit A)(Rovner, Philip) (Entered: 04/08/2022) (0) |
| Apr 4, 2022 | 276 | [SEALED] Joint MOTION to Redact Select Portions of Report and Recommendation on GoPro's Summary Judgment and Daubert Motion re 275 REPORT AND RECOMMENDATIONS re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by GoPro, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing - filed by GoPro, Inc.. (Attachments: # 1 Exhibit A)Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 04/04/2022) (0) |
| Mar 30, 2022 | 275 | [SEALED] REPORT AND RECOMMENDATION regarding D.I. 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by GoPro, Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 4/13/2022. Signed by Judge Christopher J. Burke on 3/30/2022.This order has been emailed to local counsel. (mlc) (Entered: 03/30/2022) (0) |
| Feb 22, 2022 | 274 | Letter to The Honorable Matthew F. Kennelly from William P. Ramey III regarding October 17, 2022 Trial Date - re 272 Oral Order,,,,,,,,. (Stamoulis, Stamatios) (Entered: 02/22/2022) (2) |
| Feb 17, 2022 | 273 | ORAL ORDER: Plaintiff 360Heros has filed an objection to language in an order by the Magistrate Judge denying a motion by defendant GoPro to strike the declaration of an expert designated by 360Heros. As best as the Court can determine the objection does not involve the order on the motion to strike itself but rather language in the order that 360Heros appears to believe may have a bearing on the motion for summary judgment that is pending before the Magistrate Judge. For this reason the Court does not believe that there is a need to set a further schedule on the objection at this time but rather that it should be taken up (if necessary) when the parties address the anticipated report and recommendation on the motion for summary judgment. If either party believes otherwise it should promptly advise the Court by way of a letter filed on the docket and should explain its reasoning for believing that the objection should be briefed at this time. Entered by Judge Matthew F Kennelly on 2/17/2022. (nmg) (Entered: 02/17/2022) (0) |
| Feb 16, 2022 | 272 | ORAL ORDER: This case was recently reassigned to this Court for further proceedings. A hearing was held last week for the purpose of (among other things) setting a trial date. During the hearing all parties agreed to a trial date of 10/17/2022. Based on various conflicts the parties turned down a number of earlier trial dates proposed by the Court. Plaintiff has now advised the Court that one of its expert witnesses is unavailable on 10/17-18/2022 due to a religious holiday. Plaintiff proposes to start the trial on 10/19/2022 rather than 10/17/2022. Unfortunately given the amount of time requested by the parties for trial and the Courts other commitments starting on 10/28/2022 a start date of 10/19/2022 would create too great a risk that the trial could not be completed within the available period. In short the trial would have to be moved to a later date. Given other trial dates to which the Court is already committed it likely would be impossible to try the case in 2022 if the trial date has to be moved from 10/17/2022. That is not an acceptable alternative given that the case is already over four years old and will be ready for trial once the pending summary judgment motions are ruled upon. For these reasons the Court respectfully declines to reset the trial date as proposed. The Court will of course accommodate the expert witness. There are at least two ways this can be done (and likely more). One would be to sequence the plaintiffs order of proof so that the experts testimony would not be needed before his first available date. The Court will facilitate this if necessary by allowing plaintiff to present the witnesss testimony out of order and giving the jury an appropriate instruction. Another alternative would be to take a video deposition of the witness to be played in lieu of live testimony. The Court directs the parties to confer in good faith and make a proposal to the Court by way of a joint status report to be filed by no later than 2/23/2022. Entered by Judge Matthew F Kennelly on 2/16/2022. (nmg) (Entered: 02/16/2022) (0) |
| Feb 15, 2022 | 271 | Letter to The Honorable Matthew F. Kennelly from William P. Ramey III regarding notification regarding Jewish Religious Holidays. (Stamoulis, Stamatios) (Entered: 02/15/2022) (1) |
| Feb 14, 2022 | 270 | OBJECTIONS by 360Heros, Inc. to 266 Oral Order,,,,,,,,,,,, . (Stamoulis, Stamatios) (Entered: 02/14/2022) (4) |
| Feb 9, 2022 | 269 | ORAL ORDER, Telephonic status hearing held on 2/9/2022. Jury trial is reset for 10/17/2022 at 9:15 a.m. given the parties' unavailability for the dates in May 2022, early June 2022, September 2022, and early October 2022 that the Court proposed and the Courts unavailability for intervening dates. A telephonic status hearing is set for 4/14/2022 at 8:50 a.m. CST (9:50 a.m. EST). The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Given the re-setting of the trial date, the current schedule for exchange and filing of pretrial order-related materials is vacated at the Courts instance and will be reset at a later time. Ordered by Judge Matthew F Kennelly on 02/09/2022. (smg) (Entered: 02/09/2022) (0) |
| Feb 7, 2022 | 268 | Joint STATUS REPORT by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 02/07/2022) (6) |
| Feb 1, 2022 | 267 | ORDER SETTING TELECONFERENCE, This case has been reassigned to visiting judge Matthew F. Kennelly. By February 7, 2022, the parties are to file a joint status report. The case is set for a telephonic status hearing on February 9, 2022 at 9:30 a.m. CST (10:30 a.m. EST) (See Order for further details.) Signed by Judge Matthew F Kennelly on 02/01/2022. (smg) (Entered: 02/01/2022) (1) |
| Jan 31, 2022 | 266 | ORAL ORDER: The Court, having reviewed Defendant's motion to strike a declaration ("the declaration") submitted by Plaintiff's technical expert, Dr. Randall King ("Motion"), (D.I. 252), and the briefing related thereto, (D.I. 244; D.I. 249; D.I. 253), hereby ORDERS that the Motion is DENIED. Defendant argues that the declaration, which was submitted along with Plaintiff's Daubert opposition brief, (D.I. 237, ex. K), should be stricken because in it, Dr. King opines "for the first time that claims 30-37 encompass cameras as distinct claim elements." (D.I. 244 at 1; see also D.I. 237, ex. K at paras. 7, 11) Plaintiff responds by arguing that Dr. King's opinion is not new and should thus not be stricken, because it was in fact timely disclosed in Dr. King's earlier-produced opening expert report on infringement ("opening report"). (D.I. 237, ex. K at paras. 8-10; D.I. 249 at 1) So in his opening report, was Dr. King opining that a camera was an element of claim 30 (and its dependent claims)? On the one hand: (1) the opening report does depict cameras in explaining why there infringement of claim 30 as to each of the accused products; (2) in Dr. King's related infringement analysis, he does use the word "camera" at times (though largely because the word is used in the claim), (D.I. 226, ex. 39 at 50, 88, 90, 92, 127, 134); and (3) in the opening report, Dr. King did also opine that the patent-in-suit allowed for the "creation of [] photos and videos while using individual cameras [in combination with a rig]"an assertion that caused Defendant to push back in its rebuttal expert report by asserting that cameras were "not [] require[d]" by the claims, (D.I. 226, ex. 39 at 140; D.I. 225, ex. 26, ex. A at para. 73). On the other hand, surely Dr. King's position on the issue in his opening report could have been clearer. And, as Defendant notes, Dr. King's infringement opinions in his opening report as to claim 30 seem very similar to his opinions about claim 1 (a claim that Dr. King contends does not include a camera element). (D.I. 244 at 2 (citing D.I. 226, ex. 39 at 49-50)) But in the end, because Defendant has the burden to show that the expert opinion at issue is untimely, see Acceleration Bay LLC v. Activision Blizzard, Inc., C.A. No. 16-453 (RGA), C.A. No. 16-454 (RGA), C.A. No. 16-455 (RGA), 2017 WL 11517421, at *4 (D. Del. Nov. 7, 2017), and because the record does not clearly show that it is, the Court denies the Motion. With all of that said, the more important point here is that Dr. King's conclusory, single-line opinions on this topic in the declaration, (D.I. 237, ex. K at paras. 7, 11), are not going to have any impact on whether the Court, in fact, concludes that the relevant claims do or do not contain a camera element. That decision will be largely, if not completely, driven by the patent-in-suit and particularly by the wording of the relevant claims. It will not be impacted at all by an experts bare legal conclusions, such as those contained in the declaration. Ordered by Judge Christopher J. Burke on 1/31/2022. (dlb) (Entered: 01/31/2022) (0) |
| Jan 25, 2022 | 265 | Letter to The Honorable Leonard P. Stark from Philip A. Rovner regarding trial dates - re 260 Order Cancelling Deadline,,. (Rovner, Philip) (Entered: 01/25/2022) (1) |
| Jan 21, 2022 | 264 | Joint STIPULATION to Supplement Operative Scheduling Orders by GoPro, Inc.. (Rovner, Philip) (Entered: 01/21/2022) (3) |
| Jan 20, 2022 | 262 | ORAL ORDER: The Court, having reviewed the parties' January 19, 2022 letter, (D.I. 261), and after conferring with Judge Stark, hereby ORDERS that all pretrial dates in the Scheduling Order are to remain intact, with the exception of the pre-trial conference date, which is hereby VACATED and will be rescheduled once a new trial date is set. Ordered by Judge Christopher J. Burke on 1/20/2022. (dlb) (Entered: 01/20/2022) (0) |
| Jan 20, 2022 | 263 | NOTICE OF SERVICE of Pretrial Order and Exhibit List filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 01/20/2022) (3) |
| Jan 19, 2022 | 261 | Letter to The Honorable Christopher J. Burke from Stamatios Stamoulis regarding request for clarification of oral order D.I. 260 - re 260 Order Cancelling Deadline,,. (Stamoulis, Stamatios) (Entered: 01/19/2022) (1) |
| Jan 18, 2022 | 260 | ORAL ORDER: Having reviewed the parties' letter relating to the jury trial currently scheduled to begin on March 7 (D.I. 259), IT IS HEREBY ORDERED that the trial is CONTINUED to a date to be determined. The parties are advised that in advance of trial, likely sometime in February, this case will be reassigned to a visiting judge. IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than January 25, submit a joint status report indicating their (i) current assessment of the number of hours they will be requesting for trial and (ii) their availability for trial in the months of April, May, and June 2022. ORDERED by Judge Leonard P. Stark on 1/18/22. (ntl) (Entered: 01/18/2022) (0) |
| Jan 12, 2022 | 259 | Letter to The Honorable Leonard P. Stark from Philip A. Rovner regarding upcoming March 7, 2022 jury trial. (Rovner, Philip) (Entered: 01/12/2022) (1) |
| Nov 1, 2021 | 258 | MEMORANDUM ORDER denying D.I. 215 MOTION to Strike Testimony of Ryan Thomas filed by 360Heros, Inc.. Signed by Judge Christopher J. Burke on 11/1/2021. (dlb) (Entered: 11/01/2021) (9) |
| Oct 13, 2021 | 256 | Official Transcript of Video Motion Hearing held on September 29, 2021 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022. (bpg) (Entered: 10/13/2021) (124) |
| Oct 12, 2021 | 255 | REDACTED VERSION of 254 Letter Joint Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding summary judgment materials by GoPro, Inc.. (Attachments: # 1 1, # 2 Attachment 2, # 3 Attachment 3)(Rovner, Philip) (Entered: 10/12/2021) (0) |
| Oct 4, 2021 | 254 | [SEALED] Joint Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding summary judgment materials - re Motion Hearing,,,. (Attachments: # 1 1, # 2 Attachment 2, # 3 Attachment 3)(Rovner, Philip) (Entered: 10/04/2021) (0) |
| Sep 24, 2021 | 252 | MOTION to Strike the Untimely Declaration of Dr. King - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 09/24/2021) (2) |
| Sep 24, 2021 | 253 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding reply to motion to strike - re 244 Letter. (Rovner, Philip) (Entered: 09/24/2021) (3) |
| Sep 23, 2021 | 251 | ORAL ORDER: The Court, having reviewed Defendant's September 22, 2021 letter (D.I. 250), hereby ORDERS that: (1) For administrative purposes, Defendant should file a one-page "Motion" relating to its letter seeking to strike the untimely declaration of Dr. King (D.I. 244); (2) Defendant's reply shall be filed no later than close of business on Friday, September 24, 2021, and shall be no longer than two single-spaced pages; and (3) The Court will hear argument on that motion at the upcoming hearing on September 29, 2021. Ordered by Judge Christopher J. Burke on 9/23/2021. (dlb) (Entered: 09/23/2021) (0) |
| Sep 22, 2021 | 247 | REDACTED VERSION of 242 Reply Brief in Support of its Motion for Summary Judgment of Non-Infringement and Daubert Motions to Exclude by GoPro, Inc.. (Rovner, Philip) (Entered: 09/22/2021) (30) |
| Sep 22, 2021 | 248 | REDACTED VERSION of 243 Declaration of Andrew N. Saul by GoPro, Inc.. (Attachments: # 1 Exhibit 1-5)(Rovner, Philip) (Entered: 09/22/2021) (0) |
| Sep 22, 2021 | 249 | Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding Responding to Defendants' Letter Motion to Strike - re 244 Letter. (Stamoulis, Stamatios) (Entered: 09/22/2021) (3) |
| Sep 22, 2021 | 250 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding September 29, 2021 hearing. (Rovner, Philip) (Entered: 09/22/2021) (1) |
| Sep 21, 2021 | 245 | REDACTED VERSION of 234 Answering Brief in Opposition, by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 09/21/2021) (30) |
| Sep 21, 2021 | 246 | REDACTED VERSION of 237 Declaration, by 360Heros, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Stamoulis, Stamatios) (Entered: 09/21/2021) (0) |
| Sep 15, 2021 | 241 | REPLY BRIEF re 215 MOTION to Strike Testimony of Ryan Thomas filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 09/15/2021) (10) |
| Sep 15, 2021 | 242 | [SEALED] REPLY BRIEF re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by GoPro, Inc.. (Rovner, Philip) (Entered: 09/15/2021) (0) |
| Sep 15, 2021 | 243 | [SEALED] DECLARATION re 242 Reply Brief Declaration of Andrew N. Saul by GoPro, Inc.. (Attachments: # 1 Exhibit 1-5)(Rovner, Philip) (Entered: 09/15/2021) (0) |
| Sep 15, 2021 | 244 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding motion to strke - re SO ORDERED, 240 Stipulation. (Rovner, Philip) (Entered: 09/15/2021) (4) |
| Sep 14, 2021 | 240 | Joint STIPULATION to Amend Scheduling Order re 232 Stipulation by GoPro, Inc.. (Rovner, Philip) (Entered: 09/14/2021) (2) |
| Sep 10, 2021 | 239 | ORAL ORDER: The Court, having reviewed the parties' September 7, 2021 letter, (D.I. 238), hereby ORDERS as follows with respect to the September 29, 2021 hearing on case dispositive and Daubert Motions: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than September 15, 2021, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court will allow argument on the three motions at issue, and hereby ADOPTS the parties' proposal regarding the order in which the listed motions will be argued.; (3) Two hours and twenty minutes will be allocated for the hearing, to be split evenly between the parties. The parties may make their own determinations as to how much time they wish to use to argue any particular motion.; (4) By no later than noon on September 15, 2021, the parties shall submit to the Court two courtesy copies of each of the relevant briefs (plus all supporting exhibits and declarations).; and (5) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo (copying the other side). Ordered by Judge Christopher J. Burke on 9/10/2021. (dlb) (Entered: 09/10/2021) (0) |
| Sep 7, 2021 | 238 | Letter to The Honorable Christopher J. Burke from Stamatios Stamoulis regarding Response to the Oral Order of August 27, 2021, concerning the September 29, 2021 Hearing - re 233 Oral Order,,,. (Stamoulis, Stamatios) (Entered: 09/07/2021) (1) |
| Sep 2, 2021 | 234 | [SEALED] ANSWERING BRIEF in Opposition re 215 MOTION to Strike Testimony of Ryan Thomas, 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by 360Heros, Inc..Reply Brief due date per Local Rules is 9/9/2021. (Stamoulis, Stamatios) (Entered: 09/02/2021) (0) |
| Sep 2, 2021 | 235 | ANSWERING BRIEF in Opposition re 215 MOTION to Strike Testimony of Ryan Thomas filed by GoPro, Inc..Reply Brief due date per Local Rules is 9/9/2021. (Rovner, Philip) (Entered: 09/02/2021) (19) |
| Sep 2, 2021 | 236 | DECLARATION re 235 Answering Brief in Opposition Declaration of Andrew N. Saul by GoPro, Inc.. (Attachments: # 1 Exhibit 1-7)(Rovner, Philip) (Entered: 09/02/2021) (0) |
| Sep 2, 2021 | 237 | [SEALED] DECLARATION re 234 Answering Brief in Opposition, of William P. Ramey, III by 360Heros, Inc.. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E -Pt 1 of 2, # 3 Exhibit E - Pt 2 of 2, # 4 Exhibit F-H, # 5 Exhibit I-Q)(Stamoulis, Stamatios) (Entered: 09/02/2021) (0) |
| Aug 27, 2021 | 233 | ORAL ORDER: With regard to the hearing on case dispositive and Daubert motions scheduled for September 29, 2021 at 11:00 a.m., the Court hereby ORDERS as follows: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) By September 7, 2021, the parties shall submit a joint letter indicating their views regarding: (a) whether the parties are jointly requesting that the hearing be converted to an in-person hearing.; (b) how much time should be allocated for the hearing; (c) whether any of the pending summary judgment and/or Daubert motions/issues shall be submitted on the papers, or alternatively, whether the parties intend to present argument as to each such pending motion/issue during the hearing; and (d) the order in which the motions/issues will be argued. Ordered by Judge Christopher J. Burke on 8/27/2021. (dlb) (Entered: 08/27/2021) (0) |
| Aug 25, 2021 | 232 | Joint STIPULATION to Amend Scheduling Order by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 08/25/2021) (2) |
| Aug 16, 2021 | 231 | NOTICE of Withdrawal of Megan M. Chung by GoPro, Inc. (Rovner, Philip) (Entered: 08/16/2021) (2) |
| Aug 12, 2021 | 223 | [SEALED] OPENING BRIEF in Support re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude CORRECTED filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 8/26/2021. (Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 224 | [SEALED] DECLARATION re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude CORRECTED Declaration of Andrew N. Saul [Volume 1 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 1-10)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 225 | [SEALED] DECLARATION re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude CORRECTED Declaration of Andrew N. Saul [Volume 2 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 11-30)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 226 | [SEALED] DECLARATION re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude CORRECTED Declaration of Andrew N. Saul [Volume 3 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 31-61)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 227 | REDACTED VERSION of 223 Opening Brief in Support, by GoPro, Inc.. (Rovner, Philip) (Entered: 08/12/2021) (30) |
| Aug 12, 2021 | 228 | REDACTED VERSION of 224 Declaration, of Andrew N. Saul [Volume 1 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 1-10)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 229 | REDACTED VERSION of 225 Declaration, of Andrew N. Saul [Volume 2 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 11-30)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 12, 2021 | 230 | REDACTED VERSION of 226 Declaration, of Andrew N. Saul [Volume 3 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 31-61)(Rovner, Philip) (Entered: 08/12/2021) (0) |
| Aug 6, 2021 | 215 | MOTION to Strike Testimony of Ryan Thomas - filed by 360Heros, Inc.. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 216 | DECLARATION re 215 MOTION to Strike Testimony of Ryan Thomas of Donald H. Mahoney III by 360Heros, Inc.. (Attachments: # 1 Exhibit A-D)(Stamoulis, Stamatios) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 217 | MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 08/06/2021) (2) |
| Aug 6, 2021 | 218 | [SEALED] OPENING BRIEF in Support re 217 MOTION for Summary Judgment of Non-Infringement and Daubert Motions to Exclude filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 8/20/2021. (Rovner, Philip) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 219 | [SEALED] DECLARATION re 218 Opening Brief in Support Declaration of Andrew N. Saul [Volume 1 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 1-10)(Rovner, Philip) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 220 | [SEALED] DECLARATION re 218 Opening Brief in Support Declaration of Andrew N. Saul [Volume 2 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 11-30)(Rovner, Philip) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 221 | [SEALED] DECLARATION re 218 Opening Brief in Support Declaration of Andrew N. Saul [Volume 3 of 3] by GoPro, Inc.. (Attachments: # 1 Exhibit 31-61)(Rovner, Philip) (Entered: 08/06/2021) (0) |
| Aug 6, 2021 | 222 | NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 4 to Declaration of Andrew N. Saul in Support of Defendant GoPro, Inc.'s Motion for Summary Judgment and Motion to Exclude. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Philip A. Rovner on behalf of GoPro, Inc. (Rovner, Philip) (Entered: 08/06/2021) (3) |
| Jun 28, 2021 | 214 | MOTION for Pro Hac Vice Appearance of Attorney Dario A. Machleidt - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 06/28/2021) (3) |
| Jun 16, 2021 | 213 | Joint STIPULATION to Amend Scheduling Order by GoPro, Inc.. (Rovner, Philip) (Entered: 06/16/2021) (2) |
| Jun 11, 2021 | 212 | ORDER Setting Mediation Conference: A Mediation Conference is set for 7/8/2021 at 10:00 AM before Judge Christopher J. Burke. To the extent this Order refers to an in-person appearance, the parties' participation shall be via telephone or via video conference. Counsel shall e-mail Deborah Benyo the Confidential Mediation statements by July 1, 2021 and provide the Court with the names of all participants and the appropriate video conference links or dial-in information as well as a link for the morning's joint mediation orientation by no later than the due date of the Confidential Mediation Statements. Signed by Judge Christopher J. Burke on 6/11/2021. (dlb) (Entered: 06/11/2021) (7) |
| Jun 1, 2021 | 211 | NOTICE OF SERVICE of Reply Expert Report of John D. Pratt, Ph. D., P.E. filed by GoPro, Inc..(Rovner, Philip) (Entered: 06/01/2021) (2) |
| May 14, 2021 | 210 | NOTICE OF SERVICE of Rebuttal Expert Report of Michael J. Dansky [Highly Confidential - Attorneys' Eyes Only]; Expert Report of Ryan Thomas; and Rebuttal Expert Report of John D. Pratt, Ph. D., P.E. filed by GoPro, Inc..(Rovner, Philip) (Entered: 05/14/2021) (2) |
| Apr 27, 2021 | 209 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Forth Amended Notice of Rule 30(b)(6) Deposition of Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) (Entered: 04/27/2021) (2) |
| Apr 13, 2021 | 208 | Stipulated Amended SCHEDULING ORDER: Rebuttal Expert Reports due by 5/13/2021. Reply Expert Reports due by 5/28/2021. Dispositive Motions due by 6/21/2021. Answering Brief due 7/20/2021. Reply Brief due 8/3/2021. A Motion Hearing is set for 9/29/2021 at 11:00 AM before Judge Christopher J. Burke. The Pretrial and Trial dates remain without change. Signed by Judge Christopher J. Burke on 4/13/2021. (dlb) (Entered: 04/13/2021) (2) |
| Apr 12, 2021 | 207 | Joint STIPULATION to Amend Scheduling Order by GoPro, Inc.. (Rovner, Philip) (Entered: 04/12/2021) (2) |
| Apr 5, 2021 | 206 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Third Amended Notice of Rule 30(b)(6) Deposition to Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) (Entered: 04/05/2021) (2) |
| Mar 15, 2021 | 205 | REDACTED VERSION of 199 Letter to The Honorable Christopher J. Burke from Philip A. Rovner re Discovery Hearing by GoPro, Inc.. (Attachments: # 1 Exhibit 1)(Rovner, Philip) (Entered: 03/15/2021) (0) |
| Mar 5, 2021 | 204 | Official Transcript of Telephone Conference held on February 26, 2021 before Judge Christopher J. Burke. Court Reporter Gail Inghram Verbano, email: gailthecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/26/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/3/2021. (bpg) (Entered: 03/05/2021) (36) |
| Mar 4, 2021 | 202 | Amended Scheduling Order: See Order for details and deadlines. Dispositive Motions due by 5/21/2021. A Case Dispositive Motion Hearing is set for 8/25/2021 at 01:00 PM before Judge Christopher J. Burke. Pretrial Conference and Trial dates remain the same. Signed by Judge Christopher J. Burke on 3/4/2021. (dlb) (Entered: 03/04/2021) (2) |
| Mar 4, 2021 | 203 | ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 3/4/2021. (dlb) (Entered: 03/04/2021) (0) |
| Mar 3, 2021 | 201 | Joint PROPOSED ORDER regarding amended scheduling by GoPro, Inc.. (Rovner, Philip) (Entered: 03/03/2021) (2) |
| Mar 2, 2021 | 200 | ORAL ORDER: The Court, having reviewed the parties' joint motion regarding a discovery dispute, (D.I. 195), the briefing related thereto, (D.I. 193; D.I. 196; D.I. 199), and having heard argument on February 26, 2021, hereby ORDERS that as to the remaining disputed issueDefendant's request to amend the case schedulethe request is GRANTED. Defendant has shown good cause for its requested extension, in that: (1) Defendant promptly advised Plaintiff and the Court of an issue relating to its expert, Mr. Dansky, that necessitated the changed schedule, as soon as it was reasonably certain that a change would be needed; and (2) the proposed alterations to the schedule are supported by the record evidence provided by Defendant. (D.I. 199; id., ex. 1) In light of that, the need to reschedule the outstanding Rule 30(b)(6) deposition, and the fact that the revised schedule will not alter the trial date, the Court finds the request well taken. The parties shall submit a joint proposed order with the new schedule set out therein by no later than March 3, 2021. Ordered by Judge Christopher J. Burke on 3/2/2021. (dlb) (Entered: 03/02/2021) (0) |
| Feb 26, 2021 | 199 | [SEALED] Letter to The Honorable Christopher J. Burke from Philip A. Rovner - re Discovery Hearing,,. (Attachments: # 1 Exhibit 1)(Rovner, Philip) (Entered: 02/26/2021) (0) |
| Feb 19, 2021 | 198 | ORAL ORDER Setting Teleconference: At the request of the parties, the February 17, 2021 teleconference, (D.I. 192), is hereby RESCHEDULED to 2/26/2021 at 1:00 PM before Judge Christopher J. Burke. By no later than February 24, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.Ordered by Judge Christopher J. Burke on 2/19/2021. (mlc) (Entered: 02/19/2021) (0) |
| Feb 11, 2021 | 197 | NOTICE OF SERVICE of Plaintiffs Second Supplemental Answers to Defendant GoPro, Inc.s Second Set of Interrogatories filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 02/11/2021) (3) |
| Feb 10, 2021 | 195 | MOTION for Teleconference to Resolve Discovery Dispute - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 02/10/2021) (1) |
| Feb 10, 2021 | 196 | Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding Responding to Defendant's Dispute Letter - re 192 Order Setting Teleconference,,,,, 193 Letter. (Attachments: # 1 Exhibit Dispute Letter)(Stamoulis, Stamatios) (Entered: 02/10/2021) (0) |
| Feb 9, 2021 | 193 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding January 2021 discovery dispute - re 192 Order Setting Teleconference,,,,,. (Attachments: # 1 Exhibit A-H)(Rovner, Philip) (Entered: 02/09/2021) (0) |
| Feb 9, 2021 | 194 | NOTICE OF SERVICE of Plaintiffs Supplemental Answers to Defendant GoPro, Inc.s Second Set of Interrogatories filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 02/09/2021) (3) |
| Feb 4, 2021 | 192 | ORAL ORDER Setting Teleconference: The Court has reviewed the February 3, 2021 letter from Defendant requesting a discovery teleconference. (D.I. 191) The Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to the dispute: (1) A discovery dispute teleconference is set for February 17, 2021 at 12:00 p.m. before Judge Christopher J. Burke.; (2) By no later than February 9, 2021, Defendant shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues it is raising and its position on those issues.; (3) By no later than February 12, 2021, Plaintiff may file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining its reasons for its opposition to Defendants opening letter brief.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than February 12, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. In the interim, the deadline for serving expert rebuttal reports is STAYED Ordered by Judge Christopher J. Burke on 2/4/2021. (dlb) (Entered: 02/04/2021) (0) |
| Feb 3, 2021 | 191 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding request for the expedited scheduling of a discovery teleconference. (Rovner, Philip) (Entered: 02/03/2021) (1) |
| Jan 26, 2021 | 189 | NOTICE OF SERVICE of Opening Expert Report of John D. Pratt, Ph. D., P.E. filed by GoPro, Inc..(Rovner, Philip) (Entered: 01/26/2021) (2) |
| Jan 26, 2021 | 190 | NOTICE OF SERVICE of Opening Expert Reports of Randall King and Scott A. Bayley filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 01/26/2021) (3) |
| Jan 25, 2021 | 188 | The Court, having reviewed Defendant's motion regarding a discovery dispute ("Motion"), (D.I. 184), and the briefing related thereto, (D.I. 185; D.I. 187), hereby ORDERS that the Motion be resolved as follows: (1) Defendant's request regarding Topics No. 7 and 9 of Plaintiff's Rule 30(b)(6) deposition notice is DENIED as MOOT, in light of Plaintiff's concession, (D.I. 187 at 2).; and (2) Defendant's request for supplemental responses to its Interrogatories ("ROGs") Nos. 21-23 is GRANTED. The ROGs are relevant, for the reasons stated in Defendant's letter, (D.I. 185 at 2), and Plaintiff did not answer them fully. By no later than February 8, 2021, Plaintiff shall provide supplemental responses that answer all aspects of the questions asked in the ROGs. Ordered by Judge Christopher J. Burke on 1/25/2021. (dlb) (Entered: 01/25/2021) (0) |
| Jan 21, 2021 | 187 | Letter to the Honorable Christopher J. Burke from William P. Ramey III regarding Responding to Defendant's Dispute Letter - re 185 Letter. (Attachments: # 1 Exhibit 1)(Stamoulis, Stamatios) (Entered: 01/21/2021) (0) |
| Jan 14, 2021 | 186 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Objections and Responses to Plaintiff's Notice of Rule 30(b)(6) Deposition filed by GoPro, Inc..(Rovner, Philip) (Entered: 01/14/2021) (2) |
| Jan 6, 2021 | 185 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding December 2020 discovery dispute - re 183 Order Setting Teleconference,,,,,. (Attachments: # 1 Exhibit A-C)(Rovner, Philip) (Entered: 01/06/2021) (0) |
| Dec 23, 2020 | 183 | ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 22, 2020 letter requesting a discovery teleconference. (D.I. 182) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 1/25/2021 at 12:00 PM before Judge Christopher J. Burke.;(3) By no later than January 6, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (4) By no later than January 21, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (5) By no later than January 21, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 12/23/2020. (mlc) (Entered: 12/23/2020) (0) |
| Dec 23, 2020 | 184 | MOTION for Teleconference to Resolve Discovery Dispute - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 12/23/2020) (1) |
| Dec 22, 2020 | 182 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding requesting scheduling of a discovery teleconference. (Rovner, Philip) (Entered: 12/22/2020) (1) |
| Nov 20, 2020 | 181 | NOTICE OF SERVICE of Plaintiffs Amended Final Infringement Contentions filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 11/20/2020) (3) |
| Nov 13, 2020 | 180 | Official Transcript of Telephone Conference held on November 9, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/11/2021. (bpg) (Entered: 11/13/2020) (42) |
| Oct 28, 2020 | 179 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding Responding Discovery Dispute Letter - re 170 Order Setting Teleconference,,,,,,. (Rovner, Philip) (Entered: 10/28/2020) (3) |
| Oct 19, 2020 | 178 | ORAL ORDER: The Court, having reviewed Spence P.C.'s Motion to Intervene ("Motion"), (D.I. 165), Spence P.C.'s Notice of Filing and Assertion of Charging Lien, (D.I. 166), Plaintiff's Response to Spence P.C.s Motion to Intervene, (D.I. 175), in which it does not oppose the Motion, and Defendants Response to Spence P.C.'s Motion to Intervene, (D.I. 177), in which it does not oppose the Motion, hereby GRANTS the Motion and permits Spence P.C. to intervene for purposes of an attorneys' charging lien. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb) (Entered: 10/19/2020) (0) |
| Oct 16, 2020 | 176 | Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding Opening Discovery Dispute Letter - re 170 Order Setting Teleconference,,,,,,. (Stamoulis, Stamatios) (Entered: 10/16/2020) (3) |
| Oct 16, 2020 | 177 | RESPONSE to Motion re 165 MOTION to Intervene filed by GoPro, Inc.. (Rovner, Philip) (Entered: 10/16/2020) (2) |
| Oct 15, 2020 | 174 | Letter to The Honorable Christopher J. Burke from Stamatios Stamoulis regarding Brief in Support of 360Heros, Inc.'s Motion to Re-Open Discovery - re 169 Letter. (Stamoulis, Stamatios) (Entered: 10/15/2020) (1) |
| Oct 15, 2020 | 175 | RESPONSE to Motion re 165 MOTION to Intervene filed by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 10/15/2020) (1) |
| Oct 13, 2020 | 173 | NOTICE OF SERVICE of Plaintiff 360 Heros, Inc.s Responses and Objections to Defendant GoPro, Inc.s Notice of Rule 30(b)(6) Deposition filed by 360Heros, Inc..(Stamoulis, Stamatios) (Entered: 10/13/2020) (2) |
| Oct 12, 2020 | 172 | Joint MOTION to Schedule Discovery Dispute Teleconference - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) (Entered: 10/12/2020) (1) |
| Oct 9, 2020 | 171 | Joint PROPOSED ORDER Regarding Case Scheduling by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 10/09/2020) (2) |
| Oct 8, 2020 | 170 | ORAL ORDER Setting Teleconference: The Court has reviewed the parties' October 7, 2020 letter requesting a discovery teleconference. (D.I. 169) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 146 at 5-6), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 11/9/2020 at 01:00 PM before Judge Christopher J. Burke.;(3) By no later than October 16, 2020, any party seeking relief shall file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (4) By no later than October 28, 2020, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (5) By no later than November 5, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 10/8/2020. (mlc) (Entered: 10/08/2020) (0) |
| Oct 7, 2020 | 169 | Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding to request the scheduling of a discovery teleconference. (Stamoulis, Stamatios) (Entered: 10/07/2020) (1) |
| Oct 5, 2020 | 168 | ORAL ORDER: The Court, having reviewed the parties' proposed stipulation seeking to modify the current Scheduling Order, filed October 1, 2020, (D.I. 164), notes that the hearing on case dispositive motions and Daubert motions will be June 16, 2021 at 11:00 AM before Judge Burke; a Pre-trial Conference will be held on February 25, 2022 at 11:00 AM before Chief Judge Stark; and a 5-day Jury Trial will begin on March 7, 2022 at 9:30 AM. By no later than October 9, 2020, the parties shall file a proposed joint revised Scheduling Order with these dates included and that also includes the other dates they proposed in their stipulation. Ordered by Judge Christopher J. Burke on 10/5/2020. (dlb) (Entered: 10/05/2020) (0) |
| Oct 2, 2020 | 165 | MOTION to Intervene - filed by SpencePC. (Attachments: # 1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur) (Entered: 10/02/2020) (0) |
| Oct 2, 2020 | 166 | NOTICE of Attorney's Charging Lien by SpencePC re 165 MOTION to Intervene (Connolly, Arthur) (Entered: 10/02/2020) (4) |
| Oct 2, 2020 | 167 | MOTION for Pro Hac Vice Appearance of Attorney Andrew N. Saul - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 10/02/2020) (3) |
| Oct 1, 2020 | 163 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Supplemental Responses and Objections to Plaintiff 360Heros' First Set of Interrogatories [Includes Highly Confidential - Attorney's Eyes Only Information] filed by GoPro, Inc..(Rovner, Philip) (Entered: 10/01/2020) (2) |
| Oct 1, 2020 | 164 | STIPULATION to Amend Scheduling Order by 360Heros, Inc.. (Stamoulis, Stamatios) (Entered: 10/01/2020) (2) |
| Sep 30, 2020 | 160 | NOTICE requesting Clerk to remove William Cory Spence and Jason Wejnert as co-counsel. Reason for request: SpencePC No Longer Representing Plaintiff. (Connolly, Arthur) (Entered: 09/30/2020) (1) |
| Sep 30, 2020 | 161 | NOTICE OF SUBSTITUTION OF COUNSEL re 360Heros, Inc.: Entry of appearance of attorney Stamatios Stamoulis. Attorney Arthur G. Connolly, III terminated. (Stamoulis, Stamatios) (Entered: 09/30/2020) (2) |
| Sep 30, 2020 | 162 | MOTION for Pro Hac Vice Appearance of Attorney William P. Ramey, III and Donald H. Mahoney III - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) (Entered: 09/30/2020) (5) |
| Sep 15, 2020 | 159 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Notice of Rule 30(b)(6) Deposition of Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) (Entered: 09/15/2020) (2) |
| Aug 28, 2020 | 158 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Interrogatories to Plaintiff 360Heros, Inc. and Defendant GoPro, Inc.'s Third Set of Requests for Production to Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) (Entered: 08/28/2020) (2) |
| Aug 25, 2020 | 157 | ORAL ORDER: The Court, having reviewed Defendant's motion to file an early summary judgment motion ("Motion"), (D.I. 154), and the letter briefing related thereto, (D.I. 155; D.I. 156), hereby ORDERS that the Motion is DENIED. The Court is most likely to grant such a motion if it truly is "targeted" and "discrete[]" (D.I. 155 at 1, 2)i.e., if it allows the Court to address, earlier than normal in the case schedule, a very limited number of legal or factual disputes that have the potential to dispose of most or all of the case. The prototypical such motion that might have a good chance of being granted is one arguing that the accused product does not contain one limitation found in all asserted claims, or that a defendant has a license to the patent-in-suit, or that one particular prior art reference/combination would invalidate the patent-in-suit. Here, however, Defendant's proposed Motion might require the Court to assess whether the multiple accused products contain any one of four different claim limitations, and whether the claims are anticipated by Geerds and whether the claims are invalid pursuant to Section 112 (on various different asserted bases). That sounds less like a "targeted" or "discrete" summary judgment motion and more like a request to simply move up a lot of the traditional summary judgment processwith all the work that entails for the parties and the Courtwhile still potentially having another full summary judgment process take place later in the case schedule. For these reasons, the Court does not find the Motion to serve efficiency or to be well taken. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb) (Entered: 08/25/2020) (0) |
| Aug 14, 2020 | 156 | Letter to The Honorable Christopher J. Burke from Arthur G. Connolly, III regarding Defendant's Targeted Motion for Early Summary Judgment - re 155 Letter. (Connolly, Arthur) (Entered: 08/14/2020) (2) |
| Aug 11, 2020 | 154 | MOTION for Leave to File Early Summary Judgment - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 08/11/2020) (2) |
| Aug 11, 2020 | 155 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave for early summary judgment. (Rovner, Philip) (Entered: 08/11/2020) (3) |
| Aug 10, 2020 | 153 | NOTICE of Withdrawal of Appearance of Alok Parikh as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Connolly, Arthur) (Entered: 08/10/2020) (1) |
| Aug 7, 2020 | 152 | ORAL ORDER: The Court, having reviewed Defendant's letter informing the Court of its request to file an early summary judgment motion, (D.I. 151 ), HEREBY ORDERS as follows: (1) By August 11, 2020, Defendant shall file a one-page motion for leave to file an early summary judgment motion, and an accompanying letter brief of no longer than two single-spaced pages setting forth its views as to why it should be allowed to file such a motion.; and (2) By August 14, 2020, Plaintiff shall file a responsive letter brief, of no more than two single-spaced pages, explaining its opposition. No reply is needed. If the Court thereafter grants Defendant's request, it will set a briefing schedule for the early summary judgment motion. Ordered by Judge Christopher J. Burke on 8/7/2020. (mlc) (Entered: 08/07/2020) (0) |
| Aug 6, 2020 | 151 | Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave to file early summary judgment. (Attachments: # 1 Exhibit A)(Rovner, Philip) (Entered: 08/06/2020) (0) |
| Jul 31, 2020 | 150 | NOTICE of of Withdrawal of the Appearance of Ryan P. Newell as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Newell, Ryan) (Entered: 07/31/2020) (1) |
| Jul 13, 2020 | 149 | NOTICE OF SERVICE of Final Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan) (Entered: 07/13/2020) (2) |
| Jun 12, 2020 | 147 | ORDER re 139 REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl) (Entered: 06/12/2020) (1) |
| Jun 12, 2020 | 148 | ORDER re 144 REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl) (Entered: 06/12/2020) (2) |
| Jun 10, 2020 | 146 | Amended SCHEDULING ORDER: Dispositive Motions due by 12/9/2020. A Motion Hearing is set for 3/5/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 8/6/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/16/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 6/9/2020. (dlb) (Entered: 06/10/2020) (13) |
| Jun 8, 2020 | 145 | PROPOSED ORDER [Proposed Amended Scheduling Order] re 142 Scheduling Order,, by GoPro, Inc.. (Rovner, Philip) (Entered: 06/08/2020) (13) |
| May 22, 2020 | 144 | REPORT AND RECOMMENDATIONS regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/5/2020. Signed by Judge Christopher J. Burke on 5/22/2020. (mlc) (Entered: 05/22/2020) (8) |
| Feb 3, 2020 | 143 | ORAL ORDER: With regard to the Scheduling Order entered on January 17, 2020, (D.I. 142 ), the Court clarifies that the deadline for the pretrial order, (id. at 12) will be February 19, 2021. Ordered by Judge Christopher J. Burke on 2/3/2020. (mlc) (Entered: 02/03/2020) (0) |
| Jan 17, 2020 | 142 | SCHEDULING ORDER: Dispositive Motions due by 8/21/2020. Answering Brief due 9/17/2020. Reply Brief due 10/1/2020. A Motion Hearing is set for 11/6/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 2/26/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 3/5/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/16/2020. (dlb) (Entered: 01/17/2020) (14) |
| Jan 15, 2020 | 141 | Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding joint request for an amendment - re 137 Scheduling Order,. (Attachments: # 1 Exhibit A)(Newell, Ryan) (Entered: 01/15/2020) (0) |
| Nov 5, 2019 | 140 | ORDER Adopting 138 REPORT AND RECOMMENDATION re claim construction. Signed by Judge Leonard P. Stark on 11/4/19. (ntl) (Entered: 11/05/2019) (2) |
| Oct 25, 2019 | 139 | REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/8/2019. Signed by Judge Christopher J. Burke on 10/25/2019. (mlc) (Entered: 10/25/2019) (10) |
| Oct 4, 2019 | 138 | REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/18/2019. Signed by Judge Christopher J. Burke on 10/4/2019. (mlc) (Entered: 10/04/2019) (22) |
| Sep 18, 2019 | 137 | AMENDED SCHEDULING ORDER: Dispositive Motions due by 3/27/2020. A Motion Hearing is set for 6/19/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 10/6/2020 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 10/19/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 9/18/2019. (dlb) (Entered: 09/18/2019) (13) |
| Sep 16, 2019 | 136 | PROPOSED ORDER [Amended Scheduling Order] re 134 Order Setting Scheduling Conference,,,, by GoPro, Inc.. (Rovner, Philip) (Entered: 09/16/2019) (13) |
| Sep 12, 2019 | 135 | MEMORANDUM ORDER re 61 Memorandum Order by Judge Burke is ADOPTED regarding denial of 28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc. Signed by Judge Leonard P. Stark on 9/12/19. (ntl) (Entered: 09/12/2019) (5) |
| Sep 5, 2019 | 134 | ORAL ORDER: The Court, having reviewed the status report provided by Defendant, (D.I. 133) hereby ORDERS as follows: (1) The stay of proceedings in this case issued in favor of IPR proceedings, (D.I. 132) is hereby LIFTED.; (2) The parties shall submit a joint proposed Scheduling Order, along with a joint letter of no more than 3 single-spaced pages summarizing the parties' positions as to any disputes relating to that Order, by no later than September 16, 2019.; (3) In light of the Referral Order, (D.I. 5) paragraphs 1 to 18 of the parties' joint proposed Scheduling Order shall be consistent with Magistrate Judge Burke's Revised Patent Rule 16 Scheduling Order (available on this Court's website at https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Paragraphs 19 to 24 shall be consistent with Chief Judge Stark's Revised Patent Form Scheduling (available on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark).; and (4) The Court will hold a teleconference with the parties to resolve disputes regarding scheduling, if any, on September 23, 2019 at 2:00 PM.. Signed by Judge Christopher J. Burke on 9/5/2019. (dlb) (Entered: 09/05/2019) (0) |
| Sep 5, 2019 | 257 | Remark: ORDER LIFTING STAY was issued 9/5/2019 at D.I. 134. (dlb) (Entered: 10/19/2021) (0) |
| Sep 4, 2019 | 133 | STATUS REPORT pursuant to the Court's June 5, 2019 Order (D.I. 132) by GoPro, Inc.. (Attachments: # 1 Exhibit 1)(Rovner, Philip) (Entered: 09/04/2019) (0) |
| Jun 5, 2019 | 132 | ORAL ORDER: The Court, having reviewed Defendant's motion to stay ("motion"), (D.I. 109), and the letter briefing related thereto, (D.I. 110-112, 114-118), and having considered the three stay-related factors, hereby ORDERS that the motion is GRANTED and that the case is STAYED until the conclusion of the related inter partes review proceeding ("IPR"). The simplification of issues factor favors a stay, because: (1) 15 of the 25 asserted claims of the only patent-in-suit (and all of the independent claims of that patent) are at issue in the IPR, such that resolution of the IPR proceeding could eliminate a significant number of claims at issue in this case and could have a significant impact on the invalidity case as to all claims; and (2) the Final Written Decision in the IPR is expected to issue very close to the currently-scheduled trial date, such that were the case not stayed, the Court and the parties could find pre-trial preparations upended at the eleventh hour by the IPR result. The undue prejudice factor also favors a stay, as: (1) It is undisputed that the parties are not now direct competitors.; (2) It seems that monetary damages could compensate Plaintiff for any harm it has faced due to infringement.; (3) Although the case has had a long procedural history in two Districts, Plaintiffs litigation choices are partly (though not solely) responsible for that lengthy timeline.; and (4) Although Plaintiff argues that a stay would further burden it, in light of the money and time it has spent on the litigation, (D.I. 114 at 7-9), if anything, a stay would seem to save Plaintiff from spending more money and time needlessly on claims that may not be viable after the IPR concludes. And the status of the case factor does not meaningfully move the needle, as: (1) While we are not early in the case schedule, there are also many significant milestones still ahead (i.e., fact deposition-related discovery, expert discovery, summary judgment).; and (2) As document discovery has concluded, the parties are at a good "stopping point" where they can await the resolution of the IPR and then proceed forward toward trial. See SoftView LLC v. Apple Inc., Civil Action No. 12-989-LPS, 2013 WL 4757831, at *2 (D. Del. Sept. 4, 2013). The Court has also considered the parties arguments about how the status of the Precedential Opinion Panels ("POP") decision to review the IPR institution decision should affect the motion. (D.I. 127, 129, 131) In the end, the Court concludes that this should not preclude imposition of a stay, because: (1) despite the POP's review, the current status quo of the IPR is that the PTAB has determined that the claims at issue are reasonably likely to be found invalid; (2) if the POP reverses institution soon, (D.I. 131 at 2), then the Court will then extinguish the stay and the stay will have been brief; and (3) the Court disagrees with Plaintiff that this is like a scenario where the PTAB has determined the claims valid and there is an appeal to the Federal Circuit, (id.), as there, the status quo on appeal is that the PTAB has found the claims valid (such that no stay should continue), whereas here, the status quo is that the PTAB has found the claims reasonably likely to be invalid (such that a stay makes sense). Despite the stay, the Court may still issue a Report and Recommendation on claim construction. The parties shall jointly notify the Court by letter within 10 days of the issuance of a Final Written Decision in the IPR. Ordered by Judge Christopher J. Burke on 6/5/2019. (dlb) (Entered: 06/05/2019) (0) |
| Jun 4, 2019 | 131 | Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding response to the Court's order of June 3, 2019 (D.I. 130) and addressing how the Patent and Trademark Appeal Board's Precedential Opinion Panel's decision substantially impacts the resolution of the motion to stay - re 109 MOTION to Stay pending Inter Partes Review. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Newell, Ryan) (Entered: 06/04/2019) (0) |
| Jun 3, 2019 | 130 | ORAL ORDER: The Court, having reviewed Plaintiff's motion for leave to file a sur-reply ("motion"), (D.I. 127), and Defendant's responsive brief, (D.I. 129), hereby ORDERS that the motion is DENIED. Plaintiff argued in part that a sur-reply brief was warranted because, in its reply brief, Defendant included new allegations regarding Plaintiff's "delay tactics[,]" (D.I. 127 at 1), that were not fairly responsive to arguments in Plaintiff's answering brief. The Court disagrees, as Plaintiff's answering brief included assertions to which this material was meant to respond. (D.I. 114 at 7-8) Plaintiff also argued that a sur-reply brief was warranted so that Plaintiff could discuss the impact of the Precedential Opinion Panel's ("POP") decision regarding the IPR. (D.I. 127 at 1) The Court agrees that because this is new information occurring after briefing on the motion to stay was closed, Plaintiff should be able to provide the Court with some information regarding its view of the impact of the POPs decision on the pending motion to stay. A full sur-reply brief is not needed however. Instead, by no later than June 4, 2019, Plaintiff may provide the Court a letter of no more than two (2) single-spaced pages in which it addresses its view as to how the POP's decision should impact the resolution of the motion to stay. Defendant has already spoken to that issue, (D.I. 129 at 2), so no further submissions on that front are needed. The Court will resolve the motion to stay thereafter. Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb) (Entered: 06/03/2019) (0) |
| May 31, 2019 | 129 | RESPONSE to Motion re 127 MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] filed by GoPro, Inc.. (Rovner, Philip) (Entered: 05/31/2019) (3) |
| May 30, 2019 | 128 | ORAL ORDER: The Court having reviewed Plaintiff's motion for leave to file a sur-reply brief in opposition to the motion to stay, (D.I. 127 ), hereby ORDERS that by no later than May 31, 2019, Defendant shall file a responsive brief. No reply brief is needed. Ordered by Judge Christopher J. Burke on 5/30/2019. (mlc) (Entered: 05/30/2019) (0) |
| May 29, 2019 | 127 | MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) (Entered: 05/29/2019) (2) |
| May 21, 2019 | 126 | MOTION for Pro Hac Vice Appearance of Attorney Taylor J. Pfingst of Kilpatrick Townsend & Stockton LLP - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 05/21/2019) (3) |
| May 15, 2019 | 124 | SO ORDERED 121 STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein. A Hearing on Case Dispositive and Daubert Motions is set for 5/1/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke; a Proposed Pretrial Order due by 9/4/2020; A Pretrial Conference is set for 9/11/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark ; and a Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. (See Stipulation for further deadlines) Ordered by Judge Christopher J. Burke on 5/15/2019. (dlb) (Entered: 05/15/2019) (3) |
| May 15, 2019 | 125 | NOTICE of Precedential Opinion Panel Review by 360Heros, Inc. re 109 MOTION to Stay pending Inter Partes Review (Attachments: # 1 Exhibit 1)(Newell, Ryan) (Entered: 05/15/2019) (0) |
| May 14, 2019 | 123 | ORAL ORDER Setting Hearing on Motion : With regard to the Courts May 7, 2019 Oral Order, the Court has been advised that at least Plaintiff has confirmed that it will have a newer attorney argue Defendants pending Motion to Stay 109 (Motion); in light of that, the Court will hold oral argument as to the Motion on May 29, 2019 at 10:00 a.m. in Courtroom 2A. Each side will be allocated 45 minutes per side for argument. Ordered by Judge Christopher J. Burke on 5/14/2019. (dlb) (Entered: 05/14/2019) (0) |
| May 13, 2019 | 122 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Requests for Production to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip) (Entered: 05/13/2019) (2) |
| May 8, 2019 | 121 | STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein - filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 05/08/2019) (3) |
| May 7, 2019 | 120 | ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay ("Motion"), (D.I. 109), and the related briefing, (D.I. 110-12, 114-18), advises the parties that it currently intends to resolve the Motion on the papers. That said, to the extent that either party advises the Court by May 14, 2019 that a newer attorney (i.e., an attorney in practice for seven years or less) will be arguing the Motion, the Court will schedule oral argument on the Motion, pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys (https://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf). Ordered by Judge Christopher J. Burke on 5/7/2019. (dlb) (Entered: 05/07/2019) (0) |
| May 1, 2019 | 119 | REQUEST for Oral Argument by GoPro, Inc. re 109 MOTION to Stay pending Inter Partes Review. (Rovner, Philip) (Entered: 05/01/2019) (1) |
| Apr 29, 2019 | 117 | REPLY BRIEF re 109 MOTION to Stay pending Inter Partes Review filed by GoPro, Inc.. (Rovner, Philip) (Entered: 04/29/2019) (15) |
| Apr 29, 2019 | 118 | DECLARATION re 117 Reply Brief of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit 8)(Rovner, Philip) (Entered: 04/29/2019) (0) |
| Apr 22, 2019 | 114 | ANSWERING BRIEF in Opposition re 109 MOTION to Stay pending Inter Partes Review filed by 360Heros, Inc..Reply Brief due date per Local Rules is 4/29/2019. (Newell, Ryan) (Entered: 04/22/2019) (18) |
| Apr 22, 2019 | 115 | DECLARATION re 114 Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Newell, Ryan) (Entered: 04/22/2019) (0) |
| Apr 22, 2019 | 116 | DECLARATION re 114 Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Newell, Ryan) (Entered: 04/22/2019) (5) |
| Apr 10, 2019 | 113 | ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the teleconference set for 4/22/19 is cancelled. A Telephone Conference is set for 5/6/2019 at 11:15 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/10/2019. (dlb) (Entered: 04/10/2019) (0) |
| Apr 8, 2019 | 109 | MOTION to Stay pending Inter Partes Review - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 04/08/2019) (2) |
| Apr 8, 2019 | 110 | OPENING BRIEF in Support re 109 MOTION to Stay pending Inter Partes Review filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 4/22/2019. (Rovner, Philip) (Entered: 04/08/2019) (22) |
| Apr 8, 2019 | 111 | DECLARATION re 109 MOTION to Stay pending Inter Partes Review Declaration of Alisa Leung by GoPro, Inc.. (Rovner, Philip) (Entered: 04/08/2019) (2) |
| Apr 8, 2019 | 112 | DECLARATION re 109 MOTION to Stay pending Inter Partes Review Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit 1-7)(Rovner, Philip) (Entered: 04/08/2019) (0) |
| Apr 5, 2019 | 108 | STIPULATION TO EXTEND TIME (1) the date for Plaintiff to serve final infringement contentions until May 8, 2019; and (2) the date for Defendant to serve final invalidity contentions until June 8, 2019 to - filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 04/05/2019) (2) |
| Apr 4, 2019 | 107 | NOTICE of regarding Institution of Inter Partes Review by GoPro, Inc. (Attachments: # 1 Exhibit 1)(Rovner, Philip) (Entered: 04/04/2019) (0) |
| Mar 29, 2019 | 105 | NOTICE of Subpoena to produce documents, information, or objects or to permit inspection of premises in a Civil Action on NMS Capital Advisors, LLC by GoPro, Inc. (Rovner, Philip) (Entered: 03/29/2019) (9) |
| Mar 29, 2019 | 106 | NOTICE of Subpoena to Produce Documents, Information, or Objects on NMS Capital Advisors, LLC by GoPro, Inc. [CORRECTED] (Rovner, Philip) (Entered: 03/29/2019) (10) |
| Feb 28, 2019 | 104 | NOTICE of Change of Address by Ryan Patrick Newell (Newell, Ryan) (Entered: 02/28/2019) (1) |
| Feb 14, 2019 | 103 | 101 STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed filed by 360Heros, Inc., ORDER, Setting Scheduling Order Deadlines ( Fact Discovery completed by 6/14/2019., Dispositive Motions due by 10/2/2019, An Hearing on Dispositive and Daubert Motions is set for 2/12/2020 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke., A Pretrial Conference is set for 6/5/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark., A Jury Trial is set for 6/15/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.)See Stipulation for further deadlines. Signed by Judge Christopher J. Burke on 2/14/2019. (dlb) (Entered: 02/14/2019) (6) |
| Feb 13, 2019 | 102 | Official Transcript of Markman hearing held on 11/27/2018 before Judge Christopher J. Burke. Court Reporter/Transcriber Stacy Ingram,Telephone number 658-6697. 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 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (dh) (Entered: 02/13/2019) (136) |
| Feb 6, 2019 | 101 | STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed - filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 02/06/2019) (3) |
| Jan 14, 2019 | 98 | NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Brian J. Beck (Newell, Ryan) (Entered: 01/14/2019) (1) |
| Jan 14, 2019 | 99 | MOTION for Pro Hac Vice Appearance of Attorney for Alok A. Parikh - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) (Entered: 01/14/2019) (3) |
| Jan 14, 2019 | 100 | MOTION for Pro Hac Vice Appearance of Attorney for Jason M. Wejnert - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) (Entered: 01/14/2019) (3) |
| Jan 7, 2019 | 97 | NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Mary I. Akhimien, Esquire (Akhimien, Mary) (Entered: 01/07/2019) (2) |
| Dec 19, 2018 | 96 | NOTICE OF SERVICE of Plaintiff 360Heros, Inc.'s Response to Defendant's First Set of Interrogatories (Nos. 1-9) re 1 Complaint, filed by 360Heros, Inc..(Newell, Ryan) (Entered: 12/19/2018) (2) |
| Dec 13, 2018 | 95 | ORDER Setting Mediation Conference: A Telephone Conference is set for 4/22/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/13/2018. (dlb) (dlb). (Entered: 12/13/2018) (1) |
| Nov 21, 2018 | 94 | RESPONSE TO OBJECTIONS by 360Heros, Inc. re 86 Claim Construction Answering Brief Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction 77 . (Connolly, Arthur) (Entered: 11/21/2018) (5) |
| Nov 20, 2018 | 93 | NOTICE OF SERVICE of Defendant GoPro's Inc.'s First Set of Interrogatories to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip) (Entered: 11/20/2018) (2) |
| Nov 19, 2018 | 91 | MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] - filed by 360Heros, Inc.. (Attachments: # 1 Rule 7.1 Certificate, # 2 Appendix A - Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction, # 3 Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur) (Entered: 11/19/2018) (0) |
| Nov 19, 2018 | 92 | DECLARATION re 91 MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] .... of Brian J. Beck by 360Heros, Inc.. (Attachments: # 1 Exhibit 1)(Connolly, Arthur) (Entered: 11/19/2018) (0) |
| Nov 15, 2018 | 90 | Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding the format of the Claim Construction Hearing scheduled on November 27, 2018 - re Oral Order,,. (Newell, Ryan) (Entered: 11/15/2018) (2) |
| Nov 8, 2018 | 89 | ORDER Setting Mediation Conference: A Telephone Conference is set for 12/3/2018 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 11/8/2018. (dlb) (Entered: 11/08/2018) (5) |
| Nov 7, 2018 | 85 | CLAIM CONSTRUCTION ANSWERING BRIEF re 74 Claim Construction Opening Brief Plaintiff 360Heros, Inc.'s Responsive Claim Construction Brief filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 11/07/2018) (26) |
| Nov 7, 2018 | 86 | CLAIM CONSTRUCTION ANSWERING BRIEF re 76 Claim Construction Opening Brief filed by GoPro, Inc.. (Rovner, Philip) (Entered: 11/07/2018) (25) |
| Nov 7, 2018 | 87 | STATEMENT Plaintiff 360Heros, Inc.'s Comments on Defendant GoPro's Technology Tutorial [DI 80] by 360Heros, Inc.. (Newell, Ryan) (Entered: 11/07/2018) (6) |
| Nov 7, 2018 | 88 | DECLARATION re 86 Claim Construction Answering Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit Q-R)(Rovner, Philip) (Entered: 11/07/2018) (0) |
| Nov 2, 2018 | 84 | NOTICE OF SERVICE of Plaintiff 360Heros, Inc.s Response to Defendants First Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan) (Entered: 11/02/2018) (2) |
| Oct 23, 2018 | 83 | STIPULATION TO EXTEND TIME for the contemporaneous submission of contemporaneous responsive claim construction briefs to November 7, 2018 - filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 10/23/2018) (2) |
| Oct 19, 2018 | 82 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' Second Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip) (Entered: 10/19/2018) (2) |
| Oct 15, 2018 | 81 | MULTI MEDIA DOCUMENT filed by 360Heros, Inc. in the form of (2) USB Flash Drives. Filing related to 79 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb) (Entered: 10/15/2018) (0) |
| Oct 12, 2018 | 78 | Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding Technology Tutorial Video - re SO ORDERED. (Newell, Ryan) (Entered: 10/12/2018) (1) |
| Oct 12, 2018 | 79 | NOTICE of filing the following Non-Paper material(s) in multi media format: Technology Tutorial Video. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Ryan Patrick Newell on behalf of 360Heros, Inc. (Newell, Ryan) (Entered: 10/12/2018) (1) |
| Oct 12, 2018 | 80 | NOTICE OF SERVICE of GoPro's Technology Tutorial filed by GoPro, Inc..(Rovner, Philip) (Entered: 10/12/2018) (2) |
| Oct 5, 2018 | 73 | STIPULATION TO EXTEND TIME to submit its technology tutorial to October 12, 2018 - filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 10/05/2018) (2) |
| Oct 5, 2018 | 74 | CLAIM CONSTRUCTION OPENING BRIEF filed by GoPro, Inc.. (Rovner, Philip) (Entered: 10/05/2018) (25) |
| Oct 5, 2018 | 75 | DECLARATION re 74 Claim Construction Opening Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # 1 Exhibit A-P)(Rovner, Philip) (Entered: 10/05/2018) (0) |
| Oct 5, 2018 | 76 | CLAIM CONSTRUCTION OPENING BRIEF filed by 360Heros, Inc.. (Newell, Ryan) (Entered: 10/05/2018) (25) |
| Oct 5, 2018 | 77 | DECLARATION re 76 Claim Construction Opening Brief Declaration of Randall King in Support of 360Heros, Inc.s Opening Claim Construction Brief by 360Heros, Inc.. (Attachments: # 1 Exhibit s 1-10)(Newell, Ryan) (Entered: 10/05/2018) (0) |
| Sep 18, 2018 | 72 | NOTICE OF SERVICE of Plaintiff 360Heros' Second Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan) (Entered: 09/18/2018) (2) |
| Sep 11, 2018 | 71 | Interim STATUS REPORT by 360Heros, Inc.. (Newell, Ryan) (Entered: 09/11/2018) (2) |
| Sep 7, 2018 | 70 | CLAIM Construction Chart by 360Heros, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Newell, Ryan) (Entered: 09/07/2018) (0) |
| Aug 21, 2018 | 69 | RESPONSE TO OBJECTIONS by 360Heros, Inc. re 65 Objections . (Newell, Ryan) (Entered: 08/21/2018) (15) |
| Aug 16, 2018 | 68 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (No. 5) [Highly Confidential - Attorney's Eyes Only]; and Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (Nos. 1, 6, and 7) filed by GoPro, Inc..(Rovner, Philip) (Entered: 08/16/2018) (2) |
| Aug 15, 2018 | 67 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Proposed Claim Constructions and Extrinsic Evidence filed by GoPro, Inc..(Rovner, Philip) (Entered: 08/15/2018) (2) |
| Aug 13, 2018 | 66 | NOTICE OF SERVICE of Plaintiff 360Heros' Proposed Claim Constructions and Supporting Extrinsic Evidence filed by 360Heros, Inc..(Newell, Ryan) (Entered: 08/13/2018) (2) |
| Aug 7, 2018 | 65 | OBJECTIONS by GoPro, Inc. to 61 Memorandum and Order . (Attachments: # 1 Certification)(Rovner, Philip) (Entered: 08/07/2018) (0) |
| Aug 2, 2018 | 64 | ORDER granting redactions re 61 Memorandum and Order. Signed by Judge Christopher J. Burke on 8/2/2018. (Attachments: # 1 redacted) (dlb) (Entered: 08/02/2018) (0) |
| Jul 27, 2018 | 62 | Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding proposed redactions in redacted version of the Court's July, 24, 2018, Memorandum Order (D.I. 61) - re 61 Memorandum and Order. (Newell, Ryan) (Entered: 07/27/2018) (1) |
| Jul 27, 2018 | 63 | [SEALED] EXHIBIT re 62 Letter, 61 Memorandum and Order by 360Heros, Inc.. (Newell, Ryan) (Entered: 07/27/2018) (0) |
| Jul 24, 2018 | 61 | [SEALED] MEMORANDUM ORDER re: Motion D.I. 28 . Signed by Judge Christopher J. Burke on 7/24/2018.This order has been emailed to local counsel. (dlb) (Entered: 07/24/2018) (0) |
| Jul 23, 2018 | 59 | Letter to the Honorable Christopher J. Burke from Philip A. Rovner regarding case status. (Rovner, Philip) (Entered: 07/23/2018) (1) |
| Jul 23, 2018 | 60 | Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to GoPro's Letter dated July 23, 2018 - re 59 Letter. (Newell, Ryan) (Entered: 07/23/2018) (2) |
| Jul 16, 2018 | 56 | NOTICE OF SERVICE of Proposed Claim Terms for Construction filed by 360Heros, Inc..(Newell, Ryan) (Entered: 07/16/2018) (2) |
| Jul 16, 2018 | 57 | NOTICE of Change of Address by Philip A. Rovner (Rovner, Philip) (Entered: 07/16/2018) (1) |
| Jul 16, 2018 | 58 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Identification of Claim Term(s)/Phrase(s) for Construction filed by GoPro, Inc..(Rovner, Philip) (Entered: 07/16/2018) (2) |
| May 18, 2018 | 55 | STATEMENT re 54 Notice (Other) Defendant GoPro, Inc.'s Response to Plaintiff 360Heros, Inc.'s Notice of Supplemental Authority by GoPro, Inc.. (Rovner, Philip) (Entered: 05/18/2018) (3) |
| May 17, 2018 | 54 | NOTICE of Supplemental Authority by 360Heros, Inc. re 28 MOTION to Transfer Case to Northern District of California (Newell, Ryan) (Entered: 05/17/2018) (2) |
| May 15, 2018 | 53 | NOTICE OF SERVICE of Defendant's GoPro, Inc.'s Initial Invalidity Contentions (with Exhibits A-D) filed by GoPro, Inc..(Rovner, Philip) (Entered: 05/15/2018) (2) |
| Apr 24, 2018 | 52 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Response and Objections to Plaintiff 360Heros' First Set of Interrogatories; and Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' First Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip) (Entered: 04/24/2018) (2) |
| Apr 16, 2018 | 51 | NOTICE OF SERVICE of Plaintiff 360Heros' Initial Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan) (Entered: 04/16/2018) (2) |
| Apr 4, 2018 | 50 | NOTICE of Change of Address and Request to Clerk to Change Address by 360Heros, Inc. (Newell, Ryan) (Entered: 04/04/2018) (1) |
| Mar 26, 2018 | 49 | NOTICE OF SERVICE of Plaintiff 360Heros' First Set of Interrogatories to Defendant GoPro, Inc. and Plaintiff 360Heros' First Set of Requests for Production to Defendant GoPro, Inc. filed by 360Heros, Inc..(Newell, Ryan) (Entered: 03/26/2018) (2) |
| Mar 14, 2018 | 48 | NOTICE OF SERVICE of Initial Disclosure of Core Technical Documents and Sales Figures Per Scheduling Order filed by GoPro, Inc..(Rovner, Philip) (Entered: 03/14/2018) (2) |
| Mar 7, 2018 | 47 | NOTICE OF SERVICE of Defendant GoPro, Inc.'s Default Standard Paragraph 3 Initial Disclosures filed by GoPro, Inc..(Rovner, Philip) (Entered: 03/07/2018) (2) |
| Mar 1, 2018 | 46 | NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Paragraphs 3(a)-(c) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan) (Entered: 03/01/2018) (2) |
| Feb 28, 2018 | 45 | STIPULATION TO EXTEND TIME for Defandant to serve its initial ESI Disclosures pursuant to paragraphs 3(a)-(c) of the District of Delaware Default Discovery Standards to March 7, 2018 - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 02/28/2018) (2) |
| Feb 14, 2018 | 44 | Joint PROPOSED ORDER [Proposed] Protective Order by 360Heros, Inc.. (Newell, Ryan) (Entered: 02/14/2018) (21) |
| Feb 13, 2018 | 42 | NOTICE OF SERVICE of (1) Rule 26 Initial Disclosures and (2) Disclosures Pursuant to Paragraph 4(a) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan) (Entered: 02/13/2018) (2) |
| Feb 13, 2018 | 43 | NOTICE OF SERVICE of Initial Disclosures filed by GoPro, Inc..(Rovner, Philip) (Entered: 02/13/2018) (2) |
| Feb 12, 2018 | 41 | Joint STIPULATION TO EXTEND TIME to file proposed Protective Order to February 16, 2018 - filed by GoPro, Inc.. (Rovner, Philip) (Entered: 02/12/2018) (2) |
| Feb 6, 2018 | 40 | SCHEDULING ORDER: Joinder of Parties due by 7/30/2018. Amended Pleadings due by 7/30/2018. Discovery due by 4/15/2019. Opening Expert Reports due by 5/3/2019. Rebuttal Expert Reports due by 5/31/2019. Status Report due by 9/11/2018. Dispositive Motions due by 8/2/2019. A Motion Hearing is set for 10/10/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 10/5/2018. Claim Construction Answering Brief due by 10/26/2018. A Markman Hearing is set for 11/27/2018 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 12/6/2019 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 1/13/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 2/6/2018. (dlb) (Entered: 02/06/2018) (15) |
| Feb 2, 2018 | 39 | Joint PROPOSED ORDER Scheduling Order by 360Heros, Inc.. (Newell, Ryan) (Entered: 02/02/2018) (15) |
| Jan 25, 2018 | 38 | REQUEST for Oral Argument by GoPro, Inc. re 28 MOTION to Transfer Case to Northern District of California. (Rovner, Philip) (Entered: 01/25/2018) (1) |
| Jan 19, 2018 | 37 | REPLY BRIEF re 28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc.. (Rovner, Philip) (Entered: 01/19/2018) (14) |
| Jan 8, 2018 | 36 | REDACTED VERSION of 33 Answering Brief in Opposition by 360Heros, Inc.. (Newell, Ryan) (Entered: 01/08/2018) (24) |
| Jan 5, 2018 | 33 | [SEALED] ANSWERING BRIEF in Opposition re 28 MOTION to Transfer Case to Northern District of California filed by 360Heros, Inc..Reply Brief due date per Local Rules is 1/12/2018. (Newell, Ryan) (Entered: 01/05/2018) (0) |
| Jan 5, 2018 | 34 | DECLARATION re 33 Answering Brief in Opposition Declaration of Michael Kintner by 360Heros, Inc.. (Newell, Ryan) (Entered: 01/05/2018) (2) |
| Jan 5, 2018 | 35 | DECLARATION re 33 Answering Brief in Opposition Declaration of Brian J. Beck by 360Heros, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Newell, Ryan) (Entered: 01/05/2018) (0) |
| Dec 15, 2017 | 26 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Motion to Dismiss, or in the Alternative to Transfer Venue to hte Northern District of California by GoPro, Inc. D.I. 8] (Rovner, Philip) |
| Dec 15, 2017 | 27 | Answer to Complaint (17) Docket Text: ANSWER to [1] Complaint, with Jury Demand Answer to First Amended Complaint against 360Heros, Inc. by GoPro, Inc..(Rovner, Philip) Modified on 12/19/2017 (dlb). (Main Document 27 replaced on 12/19/2017) (dlb). 28 Filed & Entered: 12/15/2017Terminated: 07/24/2018 Motion to Transfer Case Docket Text: MOTION to Transfer Case to Northern District of California - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) 29 Filed & Entered: 12/15/2017 Exhibit to a Document Docket Text: EXHIBIT re [28] MOTION to Transfer Case to Northern District of California Rule 7.1.1 Certificate by GoPro, Inc.. (Rovner, Philip) 30 Filed & Entered: 12/15/2017 Opening Brief in Support Docket Text: OPENING BRIEF in Support re [28] MOTION to Transfer Case to Northern District of California filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 1/2/2018. (Rovner, Philip) 31 Filed & Entered: 12/15/2017 Declaration Docket Text: DECLARATION re [28] MOTION to Transfer Case to Northern District of California Declaration of Justin Wilkenfeld by GoPro, Inc.. (Rovner, Philip) 32 Filed & Entered: 12/15/2017 Declaration Docket Text: DECLARATION re [28] MOTION to Transfer Case to Northern District of California Declaration of Megan M. Chung by GoPro, Inc.. (Attachments: # (1) Exhibit A-K)(Rovner, Philip) Filed & Entered: 12/19/2017 CORRECTING ENTRY: Docket Text: CORRECTING ENTRY: At the request of the filer, the docket entry made at D.I. 27 has been amended to reflect that the Answer does not include counterclaims. (dlb) Filed & Entered: 01/02/2018 Order Setting Scheduling Conference Docket Text: ORAL ORDER Resetting Case Management/Scheduling Conference ("CMC"): Per a request from counsel, the 1/16/18 CMC is postponed. A Case Management/Scheduling Conference is now set for 1/29/2018 at 01:30 PM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 1/2/2018. (dlb) 33 Filed & Entered: 01/05/2018 Answering Brief in Opposition Docket Text: [SEALED] ANSWERING BRIEF in Opposition re [28] MOTION to Transfer Case to Northern District of California filed by 360Heros, Inc..Reply Brief due date per Local Rules is 1/12/2018. (Newell, Ryan) 34 Filed & Entered: 01/05/2018 Declaration Docket Text: DECLARATION re [33] Answering Brief in Opposition Declaration of Michael Kintner by 360Heros, Inc.. (Newell, Ryan) 35 Filed & Entered: 01/05/2018 Declaration Docket Text: DECLARATION re [33] Answering Brief in Opposition Declaration of Brian J. Beck by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Newell, Ryan) 36 Filed & Entered: 01/08/2018 Redacted Document Docket Text: REDACTED VERSION of [33] Answering Brief in Opposition by 360Heros, Inc.. (Newell, Ryan) 37 Filed & Entered: 01/19/2018 Reply Brief Docket Text: REPLY BRIEF re [28] MOTION to Transfer Case to Northern District of California filed by GoPro, Inc.. (Rovner, Philip) 38 Filed & Entered: 01/25/2018 Request for Oral Argument Docket Text: REQUEST for Oral Argument by GoPro, Inc. re [28] MOTION to Transfer Case to Northern District of California. (Rovner, Philip) Filed & Entered: 01/29/2018 Scheduling Conference Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 1/29/2018. The Court provided counsel with key dates. Plaintiff's counsel shall submit a revised proposed scheduling order by no later than Friday, February 2, 2018. (Court Reporter Taneha Carroll (Hawkins). Clerk: Crawford) Appearances: R. Newell, B. Beck for Plaintiff; P. Rovner, M. Boroumand Smith for Defendant. (mlc) Filed: 02/02/2018 Entered: 02/14/2018 Case Referred to Mediation Docket Text: CASE REFERRED to Magistrate Judge Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at http://www.ded.uscourts.gov/general-orders/magistrate-judges-standing-order-adr-mediation (dlb) 39 Filed & Entered: 02/02/2018 Proposed Order Docket Text: Joint PROPOSED ORDER Scheduling Order by 360Heros, Inc.. (Newell, Ryan) 40 Filed & Entered: 02/06/2018 Scheduling Order Docket Text: SCHEDULING ORDER: Joinder of Parties due by 7/30/2018. Amended Pleadings due by 7/30/2018. Discovery due by 4/15/2019. Opening Expert Reports due by 5/3/2019. Rebuttal Expert Reports due by 5/31/2019. Status Report due by 9/11/2018. Dispositive Motions due by 8/2/2019. A Motion Hearing is set for 10/10/2019 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 10/5/2018. Claim Construction Answering Brief due by 10/26/2018. A Markman Hearing is set for 11/27/2018 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 12/6/2019 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 1/13/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.. Signed by Judge Christopher J. Burke on 2/6/2018. (dlb) 41 Filed & Entered: 02/12/2018Terminated: 02/13/2018 Stipulation to EXTEND Time Docket Text: Joint STIPULATION TO EXTEND TIME to file proposed Protective Order to February 16, 2018 - filed by GoPro, Inc.. (Rovner, Philip) Filed & Entered: 02/13/2018 SO ORDERED Docket Text: SO ORDERED D.I. [41] Joint STIPULATION TO EXTEND TIME to file proposed Protective Order to February 16, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 2/13/2018. (dlb) 42 Filed & Entered: 02/13/2018 Notice of Service Docket Text: NOTICE OF SERVICE of (1) Rule 26 Initial Disclosures and (2) Disclosures Pursuant to Paragraph 4(a) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan) 43 Filed & Entered: 02/13/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Initial Disclosures filed by GoPro, Inc..(Rovner, Philip) 44 Filed & Entered: 02/14/2018 Proposed Order Docket Text: Joint PROPOSED ORDER [Proposed] Protective Order by 360Heros, Inc.. (Newell, Ryan) Filed & Entered: 02/15/2018 SO ORDERED Docket Text: SO ORDERED D.I. [44] Proposed Order filed by 360Heros, Inc.. Ordered by Judge Christopher J. Burke on 2/15/2018. (mlc) 45 Filed & Entered: 02/28/2018Terminated: 03/01/2018 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME for Defandant to serve its initial ESI Disclosures pursuant to paragraphs 3(a)-(c) of the District of Delaware Default Discovery Standards to March 7, 2018 - filed by GoPro, Inc.. (Rovner, Philip) Filed & Entered: 03/01/2018 SO ORDERED Docket Text: SO ORDERED D.I. [45] STIPULATION TO EXTEND TIME for Defandant to serve its initial ESI Disclosures pursuant to paragraphs 3(a)-(c) of the District of Delaware Default Discovery Standards to March 7, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 3/1/2018. (dlb) 46 Filed & Entered: 03/01/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Paragraphs 3(a)-(c) of the Default Standard for Discovery filed by 360Heros, Inc..(Newell, Ryan) 47 Filed & Entered: 03/07/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Default Standard Paragraph 3 Initial Disclosures filed by GoPro, Inc..(Rovner, Philip) 48 Filed & Entered: 03/14/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Initial Disclosure of Core Technical Documents and Sales Figures Per Scheduling Order filed by GoPro, Inc..(Rovner, Philip) 49 Filed & Entered: 03/26/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros' First Set of Interrogatories to Defendant GoPro, Inc. and Plaintiff 360Heros' First Set of Requests for Production to Defendant GoPro, Inc. filed by 360Heros, Inc..(Newell, Ryan) 50 Filed & Entered: 04/04/2018 Notice (Other) Docket Text: NOTICE of Change of Address and Request to Clerk to Change Address by 360Heros, Inc. (Newell, Ryan) 51 Filed & Entered: 04/16/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros' Initial Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan) 52 Filed & Entered: 04/24/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Response and Objections to Plaintiff 360Heros' First Set of Interrogatories; and Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' First Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip) 53 Filed & Entered: 05/15/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant's GoPro, Inc.'s Initial Invalidity Contentions (with Exhibits A-D) filed by GoPro, Inc..(Rovner, Philip) 54 Filed & Entered: 05/17/2018 Notice (Other) Docket Text: NOTICE of Supplemental Authority by 360Heros, Inc. re [28] MOTION to Transfer Case to Northern District of California (Newell, Ryan) 55 Filed & Entered: 05/18/2018 Statement Docket Text: STATEMENT re [54] Notice (Other) Defendant GoPro, Inc.'s Response to Plaintiff 360Heros, Inc.'s Notice of Supplemental Authority by GoPro, Inc.. (Rovner, Philip) 56 Filed & Entered: 07/16/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Proposed Claim Terms for Construction filed by 360Heros, Inc..(Newell, Ryan) 57 Filed & Entered: 07/16/2018 Notice of Change of Address Docket Text: NOTICE of Change of Address by Philip A. Rovner (Rovner, Philip) 58 Filed & Entered: 07/16/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Identification of Claim Term(s)/Phrase(s) for Construction filed by GoPro, Inc..(Rovner, Philip) 59 Filed & Entered: 07/23/2018 Letter Docket Text: Letter to the Honorable Christopher J. Burke from Philip A. Rovner regarding case status. (Rovner, Philip) 60 Filed & Entered: 07/23/2018 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to GoPro's Letter dated July 23, 2018 - re [59] Letter. (Newell, Ryan) 61 Filed & Entered: 07/24/2018 Memorandum and Order Docket Text: [SEALED] MEMORANDUM ORDER re: Motion D.I. [28]. Signed by Judge Christopher J. Burke on 7/24/2018.This order has been emailed to local counsel. (dlb) 62 Filed & Entered: 07/27/2018 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding proposed redactions in redacted version of the Court's July, 24, 2018, Memorandum Order (D.I. 61) - re [61] Memorandum and Order. (Newell, Ryan) 63 Filed & Entered: 07/27/2018 Exhibit to a Document Docket Text: [SEALED] EXHIBIT re [62] Letter, [61] Memorandum and Order by 360Heros, Inc.. (Newell, Ryan) 64 Filed & Entered: 08/02/2018 Order Docket Text: ORDER granting redactions re [61] Memorandum and Order. Signed by Judge Christopher J. Burke on 8/2/2018. (Attachments: # (1) redacted) (dlb) 65 Filed & Entered: 08/07/2018 Objections Docket Text: OBJECTIONS by GoPro, Inc. to [61] Memorandum and Order . (Attachments: # (1) Certification)(Rovner, Philip) 66 Filed & Entered: 08/13/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros' Proposed Claim Constructions and Supporting Extrinsic Evidence filed by 360Heros, Inc..(Newell, Ryan) 67 Filed & Entered: 08/15/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Proposed Claim Constructions and Extrinsic Evidence filed by GoPro, Inc..(Rovner, Philip) 68 Filed & Entered: 08/16/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (No. 5) [Highly Confidential - Attorney's Eyes Only]; and Defendant GoPro, Inc.'s Supplemental Response and Objections to Plaintiff 360Heros' First Set of Interrogatories (Nos. 1, 6, and 7) filed by GoPro, Inc..(Rovner, Philip) 69 Filed & Entered: 08/21/2018 Response to Objections Docket Text: RESPONSE TO OBJECTIONS by 360Heros, Inc. re [65] Objections . (Newell, Ryan) 70 Filed & Entered: 09/07/2018 Claim Construction Chart Docket Text: CLAIM Construction Chart by 360Heros, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Newell, Ryan) 71 Filed & Entered: 09/11/2018 Status Report Docket Text: Interim STATUS REPORT by 360Heros, Inc.. (Newell, Ryan) 72 Filed & Entered: 09/18/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros' Second Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan) 73 Filed & Entered: 10/05/2018Terminated: 10/09/2018 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME to submit its technology tutorial to October 12, 2018 - filed by 360Heros, Inc.. (Newell, Ryan) 74 Filed & Entered: 10/05/2018 Claim Construction Opening Brief Docket Text: CLAIM CONSTRUCTION OPENING BRIEF filed by GoPro, Inc.. (Rovner, Philip) 75 Filed & Entered: 10/05/2018 Declaration Docket Text: DECLARATION re [74] Claim Construction Opening Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit A-P)(Rovner, Philip) 76 Filed & Entered: 10/05/2018 Claim Construction Opening Brief Docket Text: CLAIM CONSTRUCTION OPENING BRIEF filed by 360Heros, Inc.. (Newell, Ryan) 77 Filed & Entered: 10/05/2018 Declaration Docket Text: DECLARATION re [76] Claim Construction Opening Brief Declaration of Randall King in Support of 360Heros, Inc.s Opening Claim Construction Brief by 360Heros, Inc.. (Attachments: # (1) Exhibit s 1-10)(Newell, Ryan) Filed & Entered: 10/09/2018 SO ORDERED Docket Text: SO ORDERED D.I. [73] STIPULATION TO EXTEND TIME to submit its technology tutorial to October 12, 2018 filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 10/9/2018. (dlb) Filed & Entered: 10/10/2018 Oral Order Docket Text: ORAL ORDER: The Court hereby ORDERS that by no later than November 15, 2018, the parties shall submit the joint letter required by Paragraph 14 of the Scheduling Order. (D.I. 40 at 10) In addition to indicating (1) whether the parties request leave to present testimony at the claim construction hearing and (2) the amount of time the parties are requesting be allocated to them for the claim construction hearing, the parties' joint letter shall also indicate (3) the order in which the parties intend to present the claim terms at issue, including which side will present first for each term. Ordered by Judge Christopher J. Burke on 10/10/2018. (dlb) 78 Filed & Entered: 10/12/2018 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding Technology Tutorial Video - re SO ORDERED. (Newell, Ryan) 79 Filed & Entered: 10/12/2018 Notice of Filing Multi Media Materials Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Technology Tutorial Video. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Ryan Patrick Newell on behalf of 360Heros, Inc. (Newell, Ryan) 80 Filed & Entered: 10/12/2018 Notice of Service Docket Text: NOTICE OF SERVICE of GoPro's Technology Tutorial filed by GoPro, Inc..(Rovner, Philip) 81 Filed & Entered: 10/15/2018 Multi Media Document Docket Text: MULTI MEDIA DOCUMENT filed by 360Heros, Inc. in the form of (2) USB Flash Drives. Filing related to [79] Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (dlb) 82 Filed & Entered: 10/19/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Responses and Objections to Plaintiff 360Heros' Second Set of Requests for Production filed by GoPro, Inc..(Rovner, Philip) Filed & Entered: 10/23/2018 SO ORDERED Docket Text: SO ORDERED D.I. [83] STIPULATION TO EXTEND TIME for the contemporaneous submission of contemporaneous responsive claim construction briefs to November 7, 2018 filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 10/23/2018. (dlb) 83 Filed & Entered: 10/23/2018Terminated: 10/23/2018 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME for the contemporaneous submission of contemporaneous responsive claim construction briefs to November 7, 2018 - filed by 360Heros, Inc.. (Newell, Ryan) 84 Filed & Entered: 11/02/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros, Inc.s Response to Defendants First Set of Requests for Production filed by 360Heros, Inc..(Newell, Ryan) 85 Filed & Entered: 11/07/2018 Claim Construction Answering Brief Docket Text: CLAIM CONSTRUCTION ANSWERING BRIEF re [74] Claim Construction Opening Brief Plaintiff 360Heros, Inc.'s Responsive Claim Construction Brief filed by 360Heros, Inc.. (Newell, Ryan) 86 Filed & Entered: 11/07/2018 Claim Construction Answering Brief Docket Text: CLAIM CONSTRUCTION ANSWERING BRIEF re [76] Claim Construction Opening Brief filed by GoPro, Inc.. (Rovner, Philip) 87 Filed & Entered: 11/07/2018 Statement Docket Text: STATEMENT Plaintiff 360Heros, Inc.'s Comments on Defendant GoPro's Technology Tutorial [DI 80] by 360Heros, Inc.. (Newell, Ryan) 88 Filed & Entered: 11/07/2018 Declaration Docket Text: DECLARATION re [86] Claim Construction Answering Brief Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit Q-R)(Rovner, Philip) 89 Filed & Entered: 11/08/2018 Order Setting Mediation Conferences Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 12/3/2018 at 10:45 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 11/8/2018. (dlb) 90 Filed & Entered: 11/15/2018 Letter Docket Text: Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding the format of the Claim Construction Hearing scheduled on November 27, 2018 - re Oral Order,,. (Newell, Ryan) Filed & Entered: 11/16/2018 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed the parties' joint letter regarding the upcoming Markman hearing, (D.I.90), hereby ORDERS that the proposals set out therein are ADOPTED. Ordered by Judge Christopher J. Burke on 11/16/2018. (dlb) Filed & Entered: 11/19/2018 Oral Order Docket Text: ORAL ORDER: The time for commencement of the Markman hearing on 11/27/18 has been changed to begin at 2:30 PM in Courtroom 2A. Ordered by Judge Christopher J. Burke on 11/19/2018. (dlb) 91 Filed & Entered: 11/19/2018Terminated: 11/21/2018 Motion for Leave to File Docket Text: MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] - filed by 360Heros, Inc.. (Attachments: # (1) Rule 7.1 Certificate, # (2) Appendix A - Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction, # (3) Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur) 92 Filed & Entered: 11/19/2018 Declaration Docket Text: DECLARATION re [91] MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] .... of Brian J. Beck by 360Heros, Inc.. (Attachments: # (1) Exhibit 1)(Connolly, Arthur) 93 Filed & Entered: 11/20/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro's Inc.'s First Set of Interrogatories to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip) Filed & Entered: 11/21/2018 SO ORDERED Docket Text: SO ORDERED D.I. [91] MOTION for Leave to File a Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [D.I. 77] filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 11/20/2018. (dlb) 94 Filed & Entered: 11/21/2018 Response to Objections Docket Text: RESPONSE TO OBJECTIONS by 360Heros, Inc. re [86] Claim Construction Answering Brief Plaintiff 360Heros, Inc.'s Response to Defendant's Objections to Dr. King's Declaration in Support of Claim Construction [77]. (Connolly, Arthur) Filed: 11/27/2018 Entered: 11/28/2018 Markman Hearing Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 11/27/2018. The Court took claim construction under advisement and will issue a written decision. (Clerk: M. Streifthau-Livizos) APPEARANCES: B. Beck, A. Connolly for Plaintiff; M. Chung, B. Chin, P. Rovner for Defendant. (Court Reporter Stacy Ingram (Hawkins)) (dlb) Modified on 11/28/2018 (dlb). 95 Filed & Entered: 12/13/2018 Order Setting Mediation Conferences Docket Text: ORDER Setting Mediation Conference: A Telephone Conference is set for 4/22/2019 at 11:00 AM before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/13/2018. (dlb) (dlb). 96 Filed & Entered: 12/19/2018 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360Heros, Inc.'s Response to Defendant's First Set of Interrogatories (Nos. 1-9) re [1] Complaint, filed by 360Heros, Inc..(Newell, Ryan) 97 Filed & Entered: 01/07/2019 Notice (Other) Docket Text: NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Mary I. Akhimien, Esquire (Akhimien, Mary) 98 Filed & Entered: 01/14/2019 Notice (Other) Docket Text: NOTICE of Withdrawal of Counsel by 360Heros, Inc. for Brian J. Beck (Newell, Ryan) 99 Filed & Entered: 01/14/2019Terminated: 01/15/2019 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney for Alok A. Parikh - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) 100 Filed & Entered: 01/14/2019Terminated: 01/15/2019 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney for Jason M. Wejnert - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) Filed & Entered: 01/15/2019 SO ORDERED Docket Text: SO ORDERED D.I. [99] MOTION for Pro Hac Vice Appearance of Attorney for Alok A. Parikh filed by 360Heros, Inc., and D.I. [100] MOTION for Pro Hac Vice Appearance of Attorney for Jason M. Wejnert filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 1/15/2019. (dlb) Filed & Entered: 01/15/2019 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Alok A. Parikh for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) Filed & Entered: 01/15/2019 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Jason M. Wejnert for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) Filed & Entered: 01/24/2019 Oral Order Docket Text: ORAL ORDER: The Court hereby advises the parties that it will be unable to meet its aspirational goal of issuing the claim construction Report and Recommendation within 60 days after the November 27, 2018 Markman hearing. The Court expects to issue decisions on claim construction by on or around March 29, 2019. Ordered by Judge Christopher J. Burke on 1/24/2019. (dlb) 101 Filed & Entered: 02/06/2019Terminated: 02/14/2019 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed - filed by 360Heros, Inc.. (Newell, Ryan) 102 Filed & Entered: 02/13/2019 Transcript Docket Text: Official Transcript of Markman hearing held on 11/27/2018 before Judge Christopher J. Burke. Court Reporter/Transcriber Stacy Ingram,Telephone number 658-6697. 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 3/6/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/14/2019. (dh) 103 Filed & Entered: 02/14/2019 Order Docket Text: [101] STIPULATION TO EXTEND TIME for remaining Scheduling Order deadlines to approximately two months each as proposed filed by 360Heros, Inc., ORDER, Setting Scheduling Order Deadlines ( Fact Discovery completed by 6/14/2019., Dispositive Motions due by 10/2/2019, An Hearing on Dispositive and Daubert Motions is set for 2/12/2020 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke., A Pretrial Conference is set for 6/5/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark., A Jury Trial is set for 6/15/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark.)See Stipulation for further deadlines. Signed by Judge Christopher J. Burke on 2/14/2019. (dlb) 104 Filed & Entered: 02/28/2019 Notice of Change of Address Docket Text: NOTICE of Change of Address by Ryan Patrick Newell (Newell, Ryan) 105 Filed & Entered: 03/29/2019 Notice (Other) Docket Text: NOTICE of Subpoena to produce documents, information, or objects or to permit inspection of premises in a Civil Action on NMS Capital Advisors, LLC by GoPro, Inc. (Rovner, Philip) 106 Filed & Entered: 03/29/2019 Notice (Other) Docket Text: NOTICE of Subpoena to Produce Documents, Information, or Objects on NMS Capital Advisors, LLC by GoPro, Inc. [CORRECTED] (Rovner, Philip) 107 Filed & Entered: 04/04/2019 Notice (Other) Docket Text: NOTICE of regarding Institution of Inter Partes Review by GoPro, Inc. (Attachments: # (1) Exhibit 1)(Rovner, Philip) 108 Filed & Entered: 04/05/2019Terminated: 04/08/2019 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME (1) the date for Plaintiff to serve final infringement contentions until May 8, 2019; and (2) the date for Defendant to serve final invalidity contentions until June 8, 2019 to - filed by 360Heros, Inc.. (Newell, Ryan) Filed & Entered: 04/08/2019 SO ORDERED Docket Text: SO ORDERED D.I. [108] STIPULATION TO EXTEND TIME (1) the date for Plaintiff to serve final infringement contentions until May 8, 2019; and (2) the date for Defendant to serve final invalidity contentions until June 8, 2019 to filed by 360Heros, Inc. Ordered by Judge Christopher J. Burke on 4/8/2019. (dlb) 109 Filed & Entered: 04/08/2019Terminated: 06/05/2019 Motion to Stay Docket Text: MOTION to Stay pending Inter Partes Review - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) 110 Filed & Entered: 04/08/2019 Opening Brief in Support Docket Text: OPENING BRIEF in Support re [109] MOTION to Stay pending Inter Partes Review filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 4/22/2019. (Rovner, Philip) 111 Filed & Entered: 04/08/2019 Declaration Docket Text: DECLARATION re [109] MOTION to Stay pending Inter Partes Review Declaration of Alisa Leung by GoPro, Inc.. (Rovner, Philip) 112 Filed & Entered: 04/08/2019 Declaration Docket Text: DECLARATION re [109] MOTION to Stay pending Inter Partes Review Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit 1-7)(Rovner, Philip) 113 Filed & Entered: 04/10/2019 Order Setting Mediation Conferences Docket Text: ORAL ORDER Resetting Mediation Conference: Due to a scheduling conflict, the teleconference set for 4/22/19 is cancelled. A Telephone Conference is set for 5/6/2019 at 11:15 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/10/2019. (dlb) 114 Filed & Entered: 04/22/2019 Answering Brief in Opposition Docket Text: ANSWERING BRIEF in Opposition re [109] MOTION to Stay pending Inter Partes Review filed by 360Heros, Inc..Reply Brief due date per Local Rules is 4/29/2019. (Newell, Ryan) 115 Filed & Entered: 04/22/2019 Declaration Docket Text: DECLARATION re [114] Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Newell, Ryan) 116 Filed & Entered: 04/22/2019 Declaration Docket Text: DECLARATION re [114] Answering Brief in Opposition to Motion to Stay by 360Heros, Inc.. (Newell, Ryan) 117 Filed & Entered: 04/29/2019 Reply Brief Docket Text: REPLY BRIEF re [109] MOTION to Stay pending Inter Partes Review filed by GoPro, Inc.. (Rovner, Philip) 118 Filed & Entered: 04/29/2019 Declaration Docket Text: DECLARATION re [117] Reply Brief of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit 8)(Rovner, Philip) 119 Filed & Entered: 05/01/2019 Request for Oral Argument Docket Text: REQUEST for Oral Argument by GoPro, Inc. re [109] MOTION to Stay pending Inter Partes Review. (Rovner, Philip) 120 Filed & Entered: 05/07/2019 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay ("Motion"), (D.I. 109), and the related briefing, (D.I. 110-12, 114-18), advises the parties that it currently intends to resolve the Motion on the papers. That said, to the extent that either party advises the Court by May 14, 2019 that a newer attorney (i.e., an attorney in practice for seven years or less) will be arguing the Motion, the Court will schedule oral argument on the Motion, pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys (https://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf). Ordered by Judge Christopher J. Burke on 5/7/2019. (dlb) 121 Filed & Entered: 05/08/2019Terminated: 05/15/2019 Stipulation to EXTEND Time Docket Text: STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein - filed by 360Heros, Inc.. (Newell, Ryan) 122 Filed & Entered: 05/13/2019 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Requests for Production to Plaintiff 360Heros filed by GoPro, Inc..(Rovner, Philip) 123 Filed & Entered: 05/14/2019 Order Setting Hearing on Motion Docket Text: ORAL ORDER Setting Hearing on Motion : With regard to the Courts May 7, 2019 Oral Order, the Court has been advised that at least Plaintiff has confirmed that it will have a newer attorney argue Defendants pending Motion to Stay [109](Motion); in light of that, the Court will hold oral argument as to the Motion on May 29, 2019 at 10:00 a.m. in Courtroom 2A. Each side will be allocated 45 minutes per side for argument. Ordered by Judge Christopher J. Burke on 5/14/2019. (dlb) 124 Filed & Entered: 05/15/2019 SO ORDERED Docket Text: SO ORDERED [121] STIPULATION TO EXTEND TIME of remaining Scheduling Order deadlines to dates as proposed therein. A Hearing on Case Dispositive and Daubert Motions is set for 5/1/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke; a Proposed Pretrial Order due by 9/4/2020; A Pretrial Conference is set for 9/11/2020 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark ; and a Jury Trial is set for 9/21/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. (See Stipulation for further deadlines) Ordered by Judge Christopher J. Burke on 5/15/2019. (dlb) 125 Filed & Entered: 05/15/2019 Notice (Other) Docket Text: NOTICE of Precedential Opinion Panel Review by 360Heros, Inc. re [109] MOTION to Stay pending Inter Partes Review (Attachments: # (1) Exhibit 1)(Newell, Ryan) 126 Filed & Entered: 05/21/2019Terminated: 05/24/2019 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Taylor J. Pfingst of Kilpatrick Townsend & Stockton LLP - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) Filed & Entered: 05/24/2019 SO ORDERED Docket Text: SO ORDERED D.I. [126] MOTION for Pro Hac Vice Appearance of Attorney Taylor J. Pfingst of Kilpatrick Townsend & Stockton LLP filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 5/24/2019. (dlb) 127 Filed & Entered: 05/29/2019Terminated: 06/03/2019 Motion for Leave to File Docket Text: MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) 128 Filed & Entered: 05/30/2019 Oral Order Docket Text: ORAL ORDER: The Court having reviewed Plaintiff's motion for leave to file a sur-reply brief in opposition to the motion to stay, (D.I. [127]), hereby ORDERS that by no later than May 31, 2019, Defendant shall file a responsive brief. No reply brief is needed. Ordered by Judge Christopher J. Burke on 5/30/2019. (mlc) 129 Filed & Entered: 05/31/2019 Response to Motion Docket Text: RESPONSE to Motion re [127] MOTION for Leave to File to File Sur-Reply in Opposition to Motion to Stay [D.I. 109] filed by GoPro, Inc.. (Rovner, Philip) 130 Filed & Entered: 06/03/2019 Order on Motion for Leave to File Docket Text: ORAL ORDER: The Court, having reviewed Plaintiff's motion for leave to file a sur-reply ("motion"), (D.I. 127), and Defendant's responsive brief, (D.I. 129), hereby ORDERS that the motion is DENIED. Plaintiff argued in part that a sur-reply brief was warranted because, in its reply brief, Defendant included new allegations regarding Plaintiff's "delay tactics[,]" (D.I. 127 at 1), that were not fairly responsive to arguments in Plaintiff's answering brief. The Court disagrees, as Plaintiff's answering brief included assertions to which this material was meant to respond. (D.I. 114 at 7-8) Plaintiff also argued that a sur-reply brief was warranted so that Plaintiff could discuss the impact of the Precedential Opinion Panel's ("POP") decision regarding the IPR. (D.I. 127 at 1) The Court agrees that because this is new information occurring after briefing on the motion to stay was closed, Plaintiff should be able to provide the Court with some information regarding its view of the impact of the POPs decision on the pending motion to stay. A full sur-reply brief is not needed however. Instead, by no later than June 4, 2019, Plaintiff may provide the Court a letter of no more than two (2) single-spaced pages in which it addresses its view as to how the POP's decision should impact the resolution of the motion to stay. Defendant has already spoken to that issue, (D.I. 129 at 2), so no further submissions on that front are needed. The Court will resolve the motion to stay thereafter. Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb) 131 Filed & Entered: 06/04/2019 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding response to the Court's order of June 3, 2019 (D.I. 130) and addressing how the Patent and Trademark Appeal Board's Precedential Opinion Panel's decision substantially impacts the resolution of the motion to stay - re [109] MOTION to Stay pending Inter Partes Review. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Newell, Ryan) 132 Filed & Entered: 06/05/2019 Order on Motion to Stay Docket Text: ORAL ORDER: The Court, having reviewed Defendant's motion to stay ("motion"), (D.I. 109), and the letter briefing related thereto, (D.I. 110-112, 114-118), and having considered the three stay-related factors, hereby ORDERS that the motion is GRANTED and that the case is STAYED until the conclusion of the related inter partes review proceeding ("IPR"). The simplification of issues factor favors a stay, because: (1) 15 of the 25 asserted claims of the only patent-in-suit (and all of the independent claims of that patent) are at issue in the IPR, such that resolution of the IPR proceeding could eliminate a significant number of claims at issue in this case and could have a significant impact on the invalidity case as to all claims; and (2) the Final Written Decision in the IPR is expected to issue very close to the currently-scheduled trial date, such that were the case not stayed, the Court and the parties could find pre-trial preparations upended at the eleventh hour by the IPR result. The undue prejudice factor also favors a stay, as: (1) It is undisputed that the parties are not now direct competitors.; (2) It seems that monetary damages could compensate Plaintiff for any harm it has faced due to infringement.; (3) Although the case has had a long procedural history in two Districts, Plaintiffs litigation choices are partly (though not solely) responsible for that lengthy timeline.; and (4) Although Plaintiff argues that a stay would further burden it, in light of the money and time it has spent on the litigation, (D.I. 114 at 7-9), if anything, a stay would seem to save Plaintiff from spending more money and time needlessly on claims that may not be viable after the IPR concludes. And the status of the case factor does not meaningfully move the needle, as: (1) While we are not early in the case schedule, there are also many significant milestones still ahead (i.e., fact deposition-related discovery, expert discovery, summary judgment).; and (2) As document discovery has concluded, the parties are at a good "stopping point" where they can await the resolution of the IPR and then proceed forward toward trial. See SoftView LLC v. Apple Inc., Civil Action No. 12-989-LPS, 2013 WL 4757831, at *2 (D. Del. Sept. 4, 2013). The Court has also considered the parties arguments about how the status of the Precedential Opinion Panels ("POP") decision to review the IPR institution decision should affect the motion. (D.I. 127, 129, 131) In the end, the Court concludes that this should not preclude imposition of a stay, because: (1) despite the POP's review, the current status quo of the IPR is that the PTAB has determined that the claims at issue are reasonably likely to be found invalid; (2) if the POP reverses institution soon, (D.I. 131 at 2), then the Court will then extinguish the stay and the stay will have been brief; and (3) the Court disagrees with Plaintiff that this is like a scenario where the PTAB has determined the claims valid and there is an appeal to the Federal Circuit, (id.), as there, the status quo on appeal is that the PTAB has found the claims valid (such that no stay should continue), whereas here, the status quo is that the PTAB has found the claims reasonably likely to be invalid (such that a stay makes sense). Despite the stay, the Court may still issue a Report and Recommendation on claim construction. The parties shall jointly notify the Court by letter within 10 days of the issuance of a Final Written Decision in the IPR. Ordered by Judge Christopher J. Burke on 6/5/2019. (dlb) 133 Filed & Entered: 09/04/2019 Status Report Docket Text: STATUS REPORT pursuant to the Court's June 5, 2019 Order (D.I. 132) by GoPro, Inc.. (Attachments: # (1) Exhibit 1)(Rovner, Philip) 134 Filed & Entered: 09/05/2019 Order Setting Scheduling Conference Docket Text: ORAL ORDER: The Court, having reviewed the status report provided by Defendant, (D.I. 133) hereby ORDERS as follows: (1) The stay of proceedings in this case issued in favor of IPR proceedings, (D.I. 132) is hereby LIFTED.; (2) The parties shall submit a joint proposed Scheduling Order, along with a joint letter of no more than 3 single-spaced pages summarizing the parties' positions as to any disputes relating to that Order, by no later than September 16, 2019.; (3) In light of the Referral Order, (D.I. 5) paragraphs 1 to 18 of the parties' joint proposed Scheduling Order shall be consistent with Magistrate Judge Burke's Revised Patent Rule 16 Scheduling Order (available on this Court's website at https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke). Paragraphs 19 to 24 shall be consistent with Chief Judge Stark's Revised Patent Form Scheduling (available on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark).; and (4) The Court will hold a teleconference with the parties to resolve disputes regarding scheduling, if any, on September 23, 2019 at 2:00 PM.. Signed by Judge Christopher J. Burke on 9/5/2019. (dlb) 257 Filed: 09/05/2019 Entered: 10/19/2021 Order Lifting Stay Docket Text: Remark: ORDER LIFTING STAY was issued 9/5/2019 at D.I. 134. (dlb) 135 Filed & Entered: 09/12/2019 Memorandum and Order Docket Text: MEMORANDUM ORDER re [61] Memorandum Order by Judge Burke is ADOPTED regarding denial of [28] MOTION to Transfer Case to Northern District of California filed by GoPro, Inc. Signed by Judge Leonard P. Stark on 9/12/19. (ntl) 136 Filed & Entered: 09/16/2019 Proposed Order Docket Text: PROPOSED ORDER [Amended Scheduling Order] re [134] Order Setting Scheduling Conference,,,, by GoPro, Inc.. (Rovner, Philip) 137 Filed & Entered: 09/18/2019 Scheduling Order Docket Text: AMENDED SCHEDULING ORDER: Dispositive Motions due by 3/27/2020. A Motion Hearing is set for 6/19/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 10/6/2020 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 10/19/2020 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Please see Order for further details and deadlines. Signed by Judge Christopher J. Burke on 9/18/2019. (dlb) 138 Filed & Entered: 10/04/2019Terminated: 11/05/2019 Report and Recommendations Docket Text: REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/18/2019. Signed by Judge Christopher J. Burke on 10/4/2019. (mlc) 139 Filed & Entered: 10/25/2019Terminated: 06/12/2020 Report and Recommendations Docket Text: REPORT AND RECOMMENDATION regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/8/2019. Signed by Judge Christopher J. Burke on 10/25/2019. (mlc) 140 Filed & Entered: 11/05/2019 Order Docket Text: ORDER Adopting [138] REPORT AND RECOMMENDATION re claim construction. Signed by Judge Leonard P. Stark on 11/4/19. (ntl) 141 Filed & Entered: 01/15/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Ryan P. Newell regarding joint request for an amendment - re [137] Scheduling Order,. (Attachments: # (1) Exhibit A)(Newell, Ryan) 142 Filed & Entered: 01/17/2020 Scheduling Order Docket Text: SCHEDULING ORDER: Dispositive Motions due by 8/21/2020. Answering Brief due 9/17/2020. Reply Brief due 10/1/2020. A Motion Hearing is set for 11/6/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 2/26/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 3/5/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/16/2020. (dlb) Filed & Entered: 01/29/2020 Set/Reset Hearings Docket Text: Reset Hearings: A Jury Trial is set for 3/8/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark (incorrectly docketed as 3/5/21). (ntl) 143 Filed & Entered: 02/03/2020 Oral Order Docket Text: ORAL ORDER: With regard to the Scheduling Order entered on January 17, 2020, (D.I. [142]), the Court clarifies that the deadline for the pretrial order, (id. at 12) will be February 19, 2021. Ordered by Judge Christopher J. Burke on 2/3/2020. (mlc) 144 Filed & Entered: 05/22/2020Terminated: 06/12/2020 Report and Recommendations Docket Text: REPORT AND RECOMMENDATIONS regarding claim construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 6/5/2020. Signed by Judge Christopher J. Burke on 5/22/2020. (mlc) 145 Filed & Entered: 06/08/2020 Proposed Order Docket Text: PROPOSED ORDER [Proposed Amended Scheduling Order] re [142] Scheduling Order,, by GoPro, Inc.. (Rovner, Philip) 146 Filed & Entered: 06/10/2020 Scheduling Order Docket Text: Amended SCHEDULING ORDER: Dispositive Motions due by 12/9/2020. A Motion Hearing is set for 3/5/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 8/6/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/16/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 6/9/2020. (dlb) 147 Filed & Entered: 06/12/2020 Order Docket Text: ORDER re [139] REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl) 148 Filed & Entered: 06/12/2020 Order Docket Text: ORDER re [144] REPORT AND RECOMMENDATION is ADOPTED regarding claim construction. Signed by Judge Leonard P. Stark on 6/12/20. (ntl) 149 Filed & Entered: 07/13/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Final Infringement Contentions filed by 360Heros, Inc..(Newell, Ryan) 150 Filed & Entered: 07/31/2020 Notice (Other) Docket Text: NOTICE of of Withdrawal of the Appearance of Ryan P. Newell as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Newell, Ryan) 151 Filed & Entered: 08/06/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave to file early summary judgment. (Attachments: # (1) Exhibit A)(Rovner, Philip) 152 Filed & Entered: 08/07/2020 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendant's letter informing the Court of its request to file an early summary judgment motion, (D.I. [151]), HEREBY ORDERS as follows: (1) By August 11, 2020, Defendant shall file a one-page motion for leave to file an early summary judgment motion, and an accompanying letter brief of no longer than two single-spaced pages setting forth its views as to why it should be allowed to file such a motion.; and (2) By August 14, 2020, Plaintiff shall file a responsive letter brief, of no more than two single-spaced pages, explaining its opposition. No reply is needed. If the Court thereafter grants Defendant's request, it will set a briefing schedule for the early summary judgment motion. Ordered by Judge Christopher J. Burke on 8/7/2020. (mlc) 153 Filed & Entered: 08/10/2020 Notice (Other) Docket Text: NOTICE of Withdrawal of Appearance of Alok Parikh as Counsel for Plaintiff 360Heros, Inc. by 360Heros, Inc. (Connolly, Arthur) 154 Filed & Entered: 08/11/2020Terminated: 08/25/2020 Motion for Miscellaneous Relief Docket Text: MOTION for Leave to File Early Summary Judgment - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) 155 Filed & Entered: 08/11/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding leave for early summary judgment. (Rovner, Philip) 156 Filed & Entered: 08/14/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Arthur G. Connolly, III regarding Defendant's Targeted Motion for Early Summary Judgment - re [155] Letter. (Connolly, Arthur) 157 Filed & Entered: 08/25/2020 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Defendant's motion to file an early summary judgment motion ("Motion"), (D.I. 154), and the letter briefing related thereto, (D.I. 155; D.I. 156), hereby ORDERS that the Motion is DENIED. The Court is most likely to grant such a motion if it truly is "targeted" and "discrete[]" (D.I. 155 at 1, 2)i.e., if it allows the Court to address, earlier than normal in the case schedule, a very limited number of legal or factual disputes that have the potential to dispose of most or all of the case. The prototypical such motion that might have a good chance of being granted is one arguing that the accused product does not contain one limitation found in all asserted claims, or that a defendant has a license to the patent-in-suit, or that one particular prior art reference/combination would invalidate the patent-in-suit. Here, however, Defendant's proposed Motion might require the Court to assess whether the multiple accused products contain any one of four different claim limitations, and whether the claims are anticipated by Geerds and whether the claims are invalid pursuant to Section 112 (on various different asserted bases). That sounds less like a "targeted" or "discrete" summary judgment motion and more like a request to simply move up a lot of the traditional summary judgment processwith all the work that entails for the parties and the Courtwhile still potentially having another full summary judgment process take place later in the case schedule. For these reasons, the Court does not find the Motion to serve efficiency or to be well taken. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb) 158 Filed & Entered: 08/28/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Set of Interrogatories to Plaintiff 360Heros, Inc. and Defendant GoPro, Inc.'s Third Set of Requests for Production to Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) 159 Filed & Entered: 09/15/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Notice of Rule 30(b)(6) Deposition of Plaintiff 360Heros, Inc. filed by GoPro, Inc..(Rovner, Philip) 160 Filed & Entered: 09/30/2020 Notice Requesting Removal of Co-Counsel Docket Text: NOTICE requesting Clerk to remove William Cory Spence and Jason Wejnert as co-counsel. Reason for request: SpencePC No Longer Representing Plaintiff. (Connolly, Arthur) 161 Filed & Entered: 09/30/2020 Notice of Substitution of Counsel Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re 360Heros, Inc.: Entry of appearance of attorney Stamatios Stamoulis. Attorney Arthur G. Connolly, III terminated. (Stamoulis, Stamatios) 162 Filed & Entered: 09/30/2020Terminated: 10/09/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William P. Ramey, III and Donald H. Mahoney III - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) 163 Filed & Entered: 10/01/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Second Supplemental Responses and Objections to Plaintiff 360Heros' First Set of Interrogatories [Includes Highly Confidential - Attorney's Eyes Only Information] filed by GoPro, Inc..(Rovner, Philip) 164 Filed & Entered: 10/01/2020 Stipulation Docket Text: STIPULATION to Amend Scheduling Order by 360Heros, Inc.. (Stamoulis, Stamatios) Filed: 10/02/2020 Entered: 10/05/2020 Set Briefing Schedule Docket Text: Set Briefing Schedule: re [165] MOTION to Intervene . Answering Brief due 10/16/2020. (dlb) 165 Filed & Entered: 10/02/2020Terminated: 10/19/2020 Motion to Intervene Docket Text: MOTION to Intervene - filed by SpencePC. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Connolly, Arthur) 166 Filed & Entered: 10/02/2020 Notice (Other) Docket Text: NOTICE of Attorney's Charging Lien by SpencePC re [165] MOTION to Intervene (Connolly, Arthur) 167 Filed & Entered: 10/02/2020Terminated: 10/09/2020 Motion for Leave to Appear Pro Hac Vice Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Andrew N. Saul - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) 168 Filed & Entered: 10/05/2020 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed the parties' proposed stipulation seeking to modify the current Scheduling Order, filed October 1, 2020, (D.I. 164), notes that the hearing on case dispositive motions and Daubert motions will be June 16, 2021 at 11:00 AM before Judge Burke; a Pre-trial Conference will be held on February 25, 2022 at 11:00 AM before Chief Judge Stark; and a 5-day Jury Trial will begin on March 7, 2022 at 9:30 AM. By no later than October 9, 2020, the parties shall file a proposed joint revised Scheduling Order with these dates included and that also includes the other dates they proposed in their stipulation. Ordered by Judge Christopher J. Burke on 10/5/2020. (dlb) 169 Filed & Entered: 10/07/2020 Letter Docket Text: Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding to request the scheduling of a discovery teleconference. (Stamoulis, Stamatios) 170 Filed & Entered: 10/08/2020 Order Setting Teleconference Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' October 7, 2020 letter requesting a discovery teleconference. (D.I. 169) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 146 at 5-6), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 11/9/2020 at 01:00 PM before Judge Christopher J. Burke.;(3) By no later than October 16, 2020, any party seeking relief shall file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (4) By no later than October 28, 2020, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (5) By no later than November 5, 2020, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 10/8/2020. (mlc) Filed & Entered: 10/09/2020 SO ORDERED Docket Text: SO ORDERED D.I.[162] MOTION for Pro Hac Vice Appearance of Attorney William P. Ramey, III and Donald H. Mahoney III filed by 360Heros, Inc.,and D.I. [167] MOTION for Pro Hac Vice Appearance of Attorney Andrew N. Saul filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 10/9/2020. (dlb) Filed & Entered: 10/09/2020 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Andrew N. Saul for GoPro, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) 171 Filed & Entered: 10/09/2020 Proposed Order Docket Text: Joint PROPOSED ORDER Regarding Case Scheduling by 360Heros, Inc.. (Stamoulis, Stamatios) 172 Filed & Entered: 10/12/2020Terminated: 11/09/2020 Motion for Miscellaneous Relief Docket Text: Joint MOTION to Schedule Discovery Dispute Teleconference - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Stamoulis, Stamatios) Filed & Entered: 10/13/2020 SO ORDERED Docket Text: SO ORDERED D.I. [171] Proposed Order regarding Case Scheduling filed by 360Heros, Inc., Set/Reset Scheduling Order Deadlines: ( A Pretrial Conference is set for 2/25/2022 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark., Opening Expert Reports due by 1/25/2021., A Motion Hearing is set for 6/16/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke, Dispositive Motions due by 3/23/2021., A Jury Trial is set for 3/7/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark.) See Order for further deadlines. Ordered by Judge Christopher J. Burke on 10/13/2020. (mlc) Filed & Entered: 10/13/2020 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney William P. Ramey for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) Filed & Entered: 10/13/2020 Add Attorneys Pro Hac Vice Docket Text: Pro Hac Vice Attorney Donald H. Mahoney, III for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) 173 Filed & Entered: 10/13/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiff 360 Heros, Inc.s Responses and Objections to Defendant GoPro, Inc.s Notice of Rule 30(b)(6) Deposition filed by 360Heros, Inc..(Stamoulis, Stamatios) 174 Filed & Entered: 10/15/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Stamatios Stamoulis regarding Brief in Support of 360Heros, Inc.'s Motion to Re-Open Discovery - re [169] Letter. (Stamoulis, Stamatios) 175 Filed & Entered: 10/15/2020 Response to Motion Docket Text: RESPONSE to Motion re [165] MOTION to Intervene filed by 360Heros, Inc.. (Stamoulis, Stamatios) 176 Filed & Entered: 10/16/2020 Letter Docket Text: Letter to the Honorable Christopher J. Burke from Stamatios Stamoulis regarding Opening Discovery Dispute Letter - re [170] Order Setting Teleconference,,,,,,. (Stamoulis, Stamatios) 177 Filed & Entered: 10/16/2020 Response to Motion Docket Text: RESPONSE to Motion re [165] MOTION to Intervene filed by GoPro, Inc.. (Rovner, Philip) 178 Filed & Entered: 10/19/2020 Oral Order Docket Text: ORAL ORDER: The Court, having reviewed Spence P.C.'s Motion to Intervene ("Motion"), (D.I. 165), Spence P.C.'s Notice of Filing and Assertion of Charging Lien, (D.I. 166), Plaintiff's Response to Spence P.C.s Motion to Intervene, (D.I. 175), in which it does not oppose the Motion, and Defendants Response to Spence P.C.'s Motion to Intervene, (D.I. 177), in which it does not oppose the Motion, hereby GRANTS the Motion and permits Spence P.C. to intervene for purposes of an attorneys' charging lien. Ordered by Judge Christopher J. Burke on 10/19/2020. (dlb) 179 Filed & Entered: 10/28/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding Responding Discovery Dispute Letter - re [170] Order Setting Teleconference,,,,,,. (Rovner, Philip) Filed & Entered: 11/09/2020 Discovery Conference Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 11/9/2020. After hearing the parties regarding the disputes, the Court resolved the disputes on the record. The transcript shall serve as the substance of the Court's Order.(Clerk, Benyo) APPEARANCES: S. Stamoulis, W. Ramey, III for Plaintiff; P. Rovner, M. B. Smith, A. Saul for Defendant. (Court Reporter Brian Gaffigan) (dlb) 180 Filed & Entered: 11/13/2020 Transcript Docket Text: Official Transcript of Telephone Conference held on November 9, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/11/2021. (bpg) 181 Filed & Entered: 11/20/2020 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiffs Amended Final Infringement Contentions filed by 360Heros, Inc..(Stamoulis, Stamatios) 182 Filed & Entered: 12/22/2020 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding requesting scheduling of a discovery teleconference. (Rovner, Philip) 183 Filed & Entered: 12/23/2020 Order Setting Teleconference Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 22, 2020 letter requesting a discovery teleconference. (D.I. 182) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for 1/25/2021 at 12:00 PM before Judge Christopher J. Burke.;(3) By no later than January 6, 2021, any party seeking relief shall file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (4) By no later than January 21, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (5) By no later than January 21, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference and may, in that event, cancel the conference.Ordered by Judge Christopher J. Burke on 12/23/2020. (mlc) 184 Filed & Entered: 12/23/2020Terminated: 01/25/2021 Motion for Miscellaneous Relief Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) 185 Filed & Entered: 01/06/2021 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding December 2020 discovery dispute - re [183] Order Setting Teleconference,,,,,. (Attachments: # (1) Exhibit A-C)(Rovner, Philip) 186 Filed & Entered: 01/14/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Defendant GoPro, Inc.'s Objections and Responses to Plaintiff's Notice of Rule 30(b)(6) Deposition filed by GoPro, Inc..(Rovner, Philip) 187 Filed & Entered: 01/21/2021 Letter Docket Text: Letter to the Honorable Christopher J. Burke from William P. Ramey III regarding Responding to Defendant's Dispute Letter - re [185] Letter. (Attachments: # (1) Exhibit 1)(Stamoulis, Stamatios) 188 Filed & Entered: 01/25/2021 Oral Order Docket Text: The Court, having reviewed Defendant's motion regarding a discovery dispute ("Motion"), (D.I. 184), and the briefing related thereto, (D.I. 185; D.I. 187), hereby ORDERS that the Motion be resolved as follows: (1) Defendant's request regarding Topics No. 7 and 9 of Plaintiff's Rule 30(b)(6) deposition notice is DENIED as MOOT, in light of Plaintiff's concession, (D.I. 187 at 2).; and (2) Defendant's request for supplemental responses to its Interrogatories ("ROGs") Nos. 21-23 is GRANTED. The ROGs are relevant, for the reasons stated in Defendant's letter, (D.I. 185 at 2), and Plaintiff did not answer them fully. By no later than February 8, 2021, Plaintiff shall provide supplemental responses that answer all aspects of the questions asked in the ROGs. Ordered by Judge Christopher J. Burke on 1/25/2021. (dlb) 189 Filed & Entered: 01/26/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Opening Expert Report of John D. Pratt, Ph. D., P.E. filed by GoPro, Inc..(Rovner, Philip) 190 Filed & Entered: 01/26/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Opening Expert Reports of Randall King and Scott A. Bayley filed by 360Heros, Inc..(Stamoulis, Stamatios) 191 Filed & Entered: 02/03/2021 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding request for the expedited scheduling of a discovery teleconference. (Rovner, Philip) 192 Filed & Entered: 02/04/2021 Order Setting Teleconference Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the February 3, 2021 letter from Defendant requesting a discovery teleconference. (D.I. 191) The Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to the dispute: (1) A discovery dispute teleconference is set for February 17, 2021 at 12:00 p.m. before Judge Christopher J. Burke.; (2) By no later than February 9, 2021, Defendant shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues it is raising and its position on those issues.; (3) By no later than February 12, 2021, Plaintiff may file an answering letter brief, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining its reasons for its opposition to Defendants opening letter brief.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than February 12, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (6) It is possible that the Court may choose to resolve the dispute prior to the telephone conference. In the interim, the deadline for serving expert rebuttal reports is STAYED Ordered by Judge Christopher J. Burke on 2/4/2021. (dlb) 193 Filed & Entered: 02/09/2021 Letter Docket Text: Letter to The Honorable Christopher J. Burke from Philip A. Rovner regarding January 2021 discovery dispute - re [192] Order Setting Teleconference,,,,,. (Attachments: # (1) Exhibit A-H)(Rovner, Philip) 194 Filed & Entered: 02/09/2021 Notice of Service Docket Text: NOTICE OF SERVICE of Plaintiffs Supplemental Answers to Defendant GoPro, Inc.s Second Set of Interrogatories filed by 360Heros, Inc..(Stamoulis, Stamatios) 195 Filed & Entered: 02/10/2021Terminated: 03/02/2021 Motion for Miscellaneous Relief Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Phi |
| Dec 15, 2017 | 28 | MOTION to Transfer Case to Northern District of California - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) (Entered: 12/15/2017) (1) |
| Dec 15, 2017 | 29 | EXHIBIT re 28 MOTION to Transfer Case to Northern District of California Rule 7.1.1 Certificate by GoPro, Inc.. (Rovner, Philip) (Entered: 12/15/2017) (1) |
| Dec 15, 2017 | 30 | OPENING BRIEF in Support re 28 MOTION to Transfer Case to Northern District of California filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 1/2/2018. (Rovner, Philip) (Entered: 12/15/2017) (25) |
| Dec 15, 2017 | 31 | DECLARATION re 28 MOTION to Transfer Case to Northern District of California Declaration of Justin Wilkenfeld by GoPro, Inc.. (Rovner, Philip) (Entered: 12/15/2017) (4) |
| Dec 15, 2017 | 32 | DECLARATION re 28 MOTION to Transfer Case to Northern District of California Declaration of Megan M. Chung by GoPro, Inc.. (Attachments: # 1 Exhibit A-K)(Rovner, Philip) (Entered: 12/15/2017) (0) |
| Dec 11, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [25] STIPULATION TO EXTEND TIME for GoPro to answer amended complaint; for 360Heros' to file its Opposition to any motion filed by GoPro; and GoPro to file its reply in support of any motion to December 15, 2017; January 5, 2018; and January 19, 2018 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 12/11/2017. (mlc) |
| Dec 11, 2017 | 25 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for GoPro to answer amended complaint; for 360Heros' to file its Opposition to any motion filed by GoPro; and GoPro to file its reply in support of any motion to December 15, 2017; January 5, 2018; and January 19, 2018 respectively - filed by GoPro, Inc.. (Rovner, Philip) |
| Dec 7, 2017 | N/A | Order Setting Scheduling Conference (0) Docket Text: ORAL ORDER Setting Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 1/16/2018 at 03:00 PM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 12/7/2017. (dlb) |
| Dec 4, 2017 | 24 | Letter (Main Document) (4) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to October 11, 2017 Oral Order. (Attachments: # (1) California Claim Construction Order, # (2) Case Management Checklist, # (3) Proposed Scheduling Order)(Newell, Ryan) |
| Dec 4, 2017 | 24 | Letter (California Claim Construction Order) (11) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to October 11, 2017 Oral Order. (Attachments: # (1) California Claim Construction Order, # (2) Case Management Checklist, # (3) Proposed Scheduling Order)(Newell, Ryan) |
| Dec 4, 2017 | 24 | Letter (Case Management Checklist) (3) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to October 11, 2017 Oral Order. (Attachments: # (1) California Claim Construction Order, # (2) Case Management Checklist, # (3) Proposed Scheduling Order)(Newell, Ryan) |
| Dec 4, 2017 | 24 | Letter (Proposed Scheduling Order) (16) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Ryan P. Newell, Esq. regarding Response to October 11, 2017 Oral Order. (Attachments: # (1) California Claim Construction Order, # (2) Case Management Checklist, # (3) Proposed Scheduling Order)(Newell, Ryan) |
| Nov 27, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [22] MOTION to Amend/Correct [1] Complaint, Unopposed Motion for Leave to Amend the Complaint filed by 360Heros, Inc.. Ordered by Judge Christopher J. Burke on 11/27/2017. (mlc) |
| Nov 27, 2017 | 23 | Amended Complaint (10) Docket Text: FIRST AMENDED COMPLAINT against 360Heros, Inc.(mlc) |
| Nov 22, 2017 | 22 | Motion to Amend/Correct (Main Document) (2) Docket Text: MOTION to Amend/Correct [1] Complaint, Unopposed Motion for Leave to Amend the Complaint - filed by 360Heros, Inc.. (Attachments: # (1) Exhibit A (Proposed First Amended Complaint), # (2) Exhibit B (Legal Blackline))Motions referred to Christopher J. Burke.(Newell, Ryan) |
| Nov 22, 2017 | 22 | Motion to Amend/Correct (Exhibit A (Proposed First Amended Complaint)) (10) Docket Text: MOTION to Amend/Correct [1] Complaint, Unopposed Motion for Leave to Amend the Complaint - filed by 360Heros, Inc.. (Attachments: # (1) Exhibit A (Proposed First Amended Complaint), # (2) Exhibit B (Legal Blackline))Motions referred to Christopher J. Burke.(Newell, Ryan) |
| Nov 22, 2017 | 22 | Motion to Amend/Correct (Exhibit B (Legal Blackline)) (11) Docket Text: MOTION to Amend/Correct [1] Complaint, Unopposed Motion for Leave to Amend the Complaint - filed by 360Heros, Inc.. (Attachments: # (1) Exhibit A (Proposed First Amended Complaint), # (2) Exhibit B (Legal Blackline))Motions referred to Christopher J. Burke.(Newell, Ryan) |
| Nov 20, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [21] STIPULATION TO EXTEND TIME for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to December 4, 2017 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 11/20/2017. (dlb) |
| Nov 20, 2017 | 21 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to December 4, 2017 - filed by GoPro, Inc.. (Rovner, Philip) |
| Nov 14, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [20] STIPULATION TO EXTEND TIME time for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to November 20, 2017 filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 11/14/2017. (dlb) |
| Nov 13, 2017 | 20 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME time for parties to submit (i) Chief Judge Stark's Case Management Checklist, (ii) a proposed Scheduling Order, and (iii) a joint letter regarding the cases to November 20, 2017 - filed by GoPro, Inc.. (Rovner, Philip) |
| Nov 6, 2017 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney William C. Spence for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm) |
| Nov 6, 2017 | 19 | Request for Oral Argument (1) Docket Text: REQUEST for Oral Argument by GoPro, Inc. re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California. (Rovner, Philip) |
| Nov 1, 2017 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Brian J. Beck for 360Heros, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (nmg) |
| Nov 1, 2017 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Byron Chin, Mehrnaz Boroumand Smith, and Megan Chung for GoPro, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Oct 31, 2017 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [7] MOTION for Pro Hac Vice Appearance of Attorney William C. Spence and Brian J. Beck filed by 360Heros, Inc., and [15] MOTION for Pro Hac Vice Appearance of Attorney Mehrnaz Boroumand Smith, Byron R. Chin and Megan M. Chung filed by GoPro, Inc. Ordered by Judge Christopher J. Burke on 10/31/2017. (dlb) |
| Oct 31, 2017 | 16 | Redacted Document (25) Docket Text: REDACTED VERSION of [12] Answering Brief in Opposition, by 360Heros, Inc.. (Newell, Ryan) |
| Oct 31, 2017 | 17 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [13] Declaration, by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Newell, Ryan) |
| Oct 31, 2017 | 17 | Redacted Document (Exhibit 1) (7) Docket Text: REDACTED VERSION of [13] Declaration, by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Newell, Ryan) |
| Oct 31, 2017 | 17 | Redacted Document (Exhibit 2) (4) Docket Text: REDACTED VERSION of [13] Declaration, by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Newell, Ryan) |
| Oct 31, 2017 | 17 | Redacted Document (Exhibit 3) (2) Docket Text: REDACTED VERSION of [13] Declaration, by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Newell, Ryan) |
| Oct 31, 2017 | 17 | Redacted Document (Exhibit 4) (5) Docket Text: REDACTED VERSION of [13] Declaration, by 360Heros, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Newell, Ryan) |
| Oct 31, 2017 | 18 | Reply Brief (14) Docket Text: REPLY BRIEF re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California filed by GoPro, Inc.. (Rovner, Philip) |
| Oct 25, 2017 | 15 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mehrnaz Boroumand Smith, Byron R. Chin and Megan M. Chung - filed by GoPro, Inc.. Motions referred to Christopher J. Burke.(Rovner, Philip) |
| Oct 24, 2017 | 14 | Declaration (Main Document) (2) Docket Text: DECLARATION re [12] Answering Brief in Opposition, of Brian J. Beck in Opposition to Defendant's Motion to Dismiss or to Transfer Venue by 360Heros, Inc.. (Attachments: # (1) Exhibit 5, # (2) Exhibit 6)(Connolly, Arthur) |
| Oct 24, 2017 | 14 | Declaration (Exhibit 5) (6) Docket Text: DECLARATION re [12] Answering Brief in Opposition, of Brian J. Beck in Opposition to Defendant's Motion to Dismiss or to Transfer Venue by 360Heros, Inc.. (Attachments: # (1) Exhibit 5, # (2) Exhibit 6)(Connolly, Arthur) |
| Oct 24, 2017 | 14 | Declaration (Exhibit 6) (6) Docket Text: DECLARATION re [12] Answering Brief in Opposition, of Brian J. Beck in Opposition to Defendant's Motion to Dismiss or to Transfer Venue by 360Heros, Inc.. (Attachments: # (1) Exhibit 5, # (2) Exhibit 6)(Connolly, Arthur) |
| Oct 11, 2017 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order (with the exception that Paragraph (g) of the parties' proposed Scheduling Order shall be altered as follows: (a) the letter referenced in Paragraph (g)(ii) should be addressed to Judge Burke; (b) the timeframes for the letters referenced in Paragraph (g)(iii) should be changed to 96 hours for the initial letter filed by the movant and 48 hours for the responsive letter filed by the opposing party; and (c) the parties should include an additional requirement that, after the Court has issued an order scheduling the discovery teleconference, the parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark).. Ordered by Judge Christopher J. Burke on 10/11/2017. (dlb) |
| Oct 10, 2017 | 8 | Motion to Dismiss for Failure to State a Claim (Main Document) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California - filed by GoPro, Inc.. (Attachments: # (1) Rule 7.1.1 Certificate)Motions referred to Christopher J. Burke.(Rovner, Philip) |
| Oct 10, 2017 | 8 | Motion to Dismiss for Failure to State a Claim (Rule 7.1.1 Certificate) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California - filed by GoPro, Inc.. (Attachments: # (1) Rule 7.1.1 Certificate)Motions referred to Christopher J. Burke.(Rovner, Philip) |
| Oct 10, 2017 | 9 | Opening Brief in Support (24) Docket Text: OPENING BRIEF in Support re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California filed by GoPro, Inc..Answering Brief/Response due date per Local Rules is 10/24/2017. (Rovner, Philip) |
| Oct 10, 2017 | 10 | Declaration (Main Document) (3) Docket Text: DECLARATION re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit A-J)(Rovner, Philip) |
| Oct 10, 2017 | 10 | Declaration (Exhibit A-J) (30) Docket Text: DECLARATION re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California Declaration of Byron R. Chin by GoPro, Inc.. (Attachments: # (1) Exhibit A-J)(Rovner, Philip) |
| Oct 10, 2017 | 11 | Declaration (4) Docket Text: DECLARATION re [8] MOTION to Dismiss for Failure to State a Claim , or in the Alternative to Transfer Venue to the Northern District of California Declaration of Justin Wilkenfeld by GoPro, Inc.. (Rovner, Philip) |
| Oct 4, 2017 | 7 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William C. Spence and Brian J. Beck - filed by 360Heros, Inc.. Motions referred to Christopher J. Burke.(Newell, Ryan) |
| Oct 2, 2017 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by 360Heros, Inc.. GoPro, Inc. served on 9/18/2017, answer due 10/10/2017. (Newell, Ryan) |
| Sep 22, 2017 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. § 636(b) and any further Order of the Court; all subsequent filings in this action shall be captioned as follows: Civil Action No. 17-1302-LPS-CJB. ORDERED by Judge Leonard P. Stark on 9/22/17. (ntl) |
| Sep 20, 2017 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Sep 14, 2017 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to GoPro, Inc. on 9/14/2017. (jcs) |
| Sep 13, 2017 | 1 | Complaint* (1) |
| Sep 13, 2017 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (nmfn) |
| Sep 13, 2017 | 1 | Complaint (Main Document) (7) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against GoPro, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2223075.) - filed by 360Heros, Inc. (Attachments: # (1) Exhibit 1 to the Complaint, # (2) Civil Cover Sheet)(nmfn) |
| Sep 13, 2017 | 1 | Complaint (Exhibit 1 to the Complaint) (30) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against GoPro, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2223075.) - filed by 360Heros, Inc. (Attachments: # (1) Exhibit 1 to the Complaint, # (2) Civil Cover Sheet)(nmfn) |
| Sep 13, 2017 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against GoPro, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2223075.) - filed by 360Heros, Inc. (Attachments: # (1) Exhibit 1 to the Complaint, # (2) Civil Cover Sheet)(nmfn) |
| Sep 13, 2017 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmfn) |
| Sep 13, 2017 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,152,019. (nmfn) |
| Sep 13, 2017 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by 360Heros, Inc. (nmfn) |
