Case number 1:24-cv-03643
BE Labs, Inc. v. Ubiquiti Networks, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 2, 2025 | 77 | JOINT LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated May 2, 2025 re: Status of Settlement Negotiations. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 05/02/2025) (1) |
| Apr 24, 2025 | 76 | LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated April 24, 2025 re: Plaintiff's Response to Letter Filed by Defendant (Dkt. No. 74). Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 04/24/2025) (2) |
| Apr 21, 2025 | 75 | MEMO ENDORSEMENT on re: 74 Letter filed by Ubiquiti Inc. ENDORSEMENT Plaintiff shall file any response by April 24, 2025. So Ordered. (Signed by Judge Lorna G. Schofield on 4/21/2025) (jca) (Entered: 04/21/2025) (8) |
| Apr 18, 2025 | 74 | LETTER addressed to Judge Lorna G. Schofield from David B. Conrad dated April 18, 2025 re: Order issued 4/14/25 at Dkt. 71. Document filed by Ubiquiti Inc.. (Attachments: # 1 Exhibit 1 - Nov. 14, 2009 Office Action Resp.).(Conrad, David) (Entered: 04/18/2025) (0) |
| Apr 17, 2025 | 73 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 4/8/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 04/17/2025) (1) |
| Apr 17, 2025 | 72 | TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 4/8/2025 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2025. Redacted Transcript Deadline set for 5/19/2025. Release of Transcript Restriction set for 7/16/2025..(McGuirk, Kelly) (Entered: 04/17/2025) (76) |
| Apr 14, 2025 | 71 | ORDER: It is hereby ORDERED that by April 18, 2025, Defendant shall submit a letter -- not to exceed 2 pages -- addressing how the PTAB decision rejecting Plaintiff's narrow reading of the claim language impacts its prosecution disclaimer arguments. (Signed by Judge Lorna G. Schofield on 4/14/2025) (mml) (Entered: 04/14/2025) (2) |
| Apr 8, 2025 | 70 | ORDER : It is hereby ORDERED that by April 11, 2025, Plaintiff shall make a settlement demand to Defendant. It is further ORDERED that by May 2, 2025, the parties shall file a joint status letter updating the Court on the status of any settlement discussions. (Signed by Judge Lorna G. Schofield on 4/8/2025) (jjc) (Entered: 04/08/2025) (1) |
| Apr 3, 2025 | 69 | LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated April 3, 2025 re: Submission of Parties Joint Claim Construction Chart. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 04/03/2025) (3) |
| Apr 2, 2025 | 68 | MEMO ENDORSEMENT on re: 66 Letter, filed by BE Labs, Inc. ENDORSEMENT: At the upcoming Markman hearing, the parties may address up to 10 disputed terms, and only those for which there is an "actual dispute." O2 Micro Intern. Ltd. v. Beyond Innovation Tech. Co., 521 F.3d 1351, 1360 (Fed. Cir. 2008); see Vivid Techs., Inc. v. Am. Science & Eng'g, Inc., 200 F.3d 795, 803, (Fed. Cir. 1999) ("[O]nly those terms need be construed that are in controversy, and only to the extent necessary to resolve the controversy."). "[A] district court is not obligated to construe terms with ordinary meanings, lest trial courts be inundated with requests to parse the meaning of every word in the asserted claims." Unwired Planet, LLC v. Square, Inc., No. 13-Civ-00579, 2014 WL 4966033, at *2 (D. Nev. Oct. 3, 2014). "[D]istrict courts are not (and should not be) required to construe every limitation present in a patent's asserted claims." O2 Micro, 521 F.3d at 1362. Plaintiff has not explained how various terms are material to the issues in the case, or are susceptible to more than one meaning, or how reliance on the term's ordinary meaning leaves unresolve some dispute between the parties. See O2 Micro, 521 F.3d at 1361. This ruling is without prejudice to an application for further construction should an articulable need arise. By April 3, 2025, Plaintiff shall identify up to 10 disputed terms requested to be addressed at the hearing. So Ordered. (Signed by Judge Lorna G. Schofield on 4/2/2025) (mml) (Entered: 04/02/2025) (16) |
| Apr 1, 2025 | 67 | ORDER: It is hereby ORDERED that the parties shall jointly file a claim construction chart as provided in Texas Rule 4-5(d) and its subparts by April 3, 2025. (Signed by Judge Lorna G. Schofield on 4/1/2025) (mml) (Entered: 04/01/2025) (1) |
| Apr 1, 2025 | 66 | JOINT LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated April 1, 2025 re: Joint Claim Construction Chart. Document filed by BE Labs, Inc.. (Attachments: # 1 Appendix Plaintiff's Joint Claim Construction Chart, # 2 Appendix Defendant's Joint Claim Construction Chart).(Rabicoff, Isaac) (Entered: 04/01/2025) (0) |
| Mar 26, 2025 | 65 | BRIEF re: 64 Brief,, Reply Claim Construction Brief. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 03/26/2025) (18) |
| Mar 19, 2025 | 64 | BRIEF re: 55 Brief, Responsive Claim Construction Brief. Document filed by Ubiquiti Inc.. (Attachments: # 1 Exhibit 1 Appeal Brief, # 2 Exhibit 2 Office Action Response, # 3 Exhibit 3 Provisional Application, # 4 Exhibit 4 Patent Application, # 5 Exhibit 5 Appeal Transcript, # 6 Exhibit 6 Appeal Reply Brief, # 7 Exhibit 7 Interview Summary, # 8 Exhibit 8 183 Patent Interview Summary, # 9 Exhibit 9 183 Patent Office Action, # 10 Exhibit 10 183 Patent Preliminary Amendment, # 11 Exhibit 11 Berchin Deposition Excerpts, # 12 Exhibit 12 Office Action Response, # 13 Exhibit 13 Interview Summary).(Hardin-Smith, Excylyn) (Entered: 03/19/2025) (0) |
| Mar 17, 2025 | 63 | MEMO ENDORSEMENT on re: 61 Letter filed by BE Labs, Inc.. ENDORSEMENT: The claim construction hearing, currently scheduled to be held on April 8, 2025, at 10:30 AM, will commence instead on the same date at 10:00 AM and conclude at 1:15 PM, with a 15 minute break late morning. Each side is allotted 1.5 hours, including the Courts questions. The parties shall agree on the manner, order and scope of presentation. Although the Court agrees that a "ping-pong" style presentation is preferable, if the parties cannot agree, Plaintiff shall proceed for the first 1.5 hours, and Defendant shall proceed for the second 1.5 hours. The parties shall inform the Court of the substance of their agreement in a joint letter filed prior to the hearing. So Ordered. ( Claim Construction Hearing set for 4/8/2025 at 10:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 3/17/2025) (tg) (Entered: 03/17/2025) (4) |
| Mar 17, 2025 | 62 | ORDER granting 58 Motion for Joseph J. Zito to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 03/17/2025) (0) |
| Mar 14, 2025 | 61 | JOINT LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated March 14, 2025 re: Parties' Joint Letter Pursuant to Dkt. No. 56. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 03/14/2025) (4) |
| Mar 11, 2025 | 60 | ORDER granting 59 Letter Motion for Extension of Time to File. Application GRANTED. The parties shall file the joint letter by March 14, 2025. (Signed by Judge Lorna G. Schofield on 3/10/2025) (rro) (Entered: 03/11/2025) (1) |
| Mar 10, 2025 | 59 | CONSENT LETTER MOTION for Extension of Time to File Joint Letter addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated March 10, 2025. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 03/10/2025) (1) |
| Mar 4, 2025 | 58 | AMENDED MOTION for Joseph J. Zito to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BE Labs, Inc.. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing, # 4 Proposed Order Proposed Order).(Zito, Joseph) (Entered: 03/04/2025) (0) |
| Mar 4, 2025 | 57 | FILING ERROR - PDF ERROR - MOTION for Josep J. Zito to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30709537. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BE Labs, Inc.. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing, # 4 Proposed Order Proposed Order).(Zito, Joseph) Modified on 3/4/2025 (bc). (Entered: 03/04/2025) (0) |
| Mar 3, 2025 | 56 | ORDER: WHEREAS, in accordance with the case management plan and scheduling order, a claim construction hearing is scheduled for April 10, 2025, at 1:00 p.m. It is hereby ORDERED that the claim construction hearing will be held on April 8, 2025, at 10:30 a.m. The hearing will be conducted IN PERSON at the Thurgood Marshall United States Courthouse, Southern District of New York, 40 Foley Square, New York, New York at Room 1106. It is further ORDERED that, by March 10, 2025, the parties shall file a joint letter proposing how much time should be allotted for the hearing and whether it will consist entirely of attorney argument or whether there will be anything else presented. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/3/2025) (Claim Construction Hearing set for 4/8/2025 at 10:30 AM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (ar) (Entered: 03/03/2025) (1) |
| Feb 18, 2025 | 55 | BRIEF (OPENING CLAIM CONSTRUCTION BRIEF). Document filed by BE Labs, Inc.. (Attachments: # 1 Exhibit A - 581 Patent, # 2 Exhibit B - 183 Patent, # 3 Exhibit C - BPAI Decision, # 4 Exhibit D - Berchin Deposition Transcript).(Rabicoff, Isaac) (Entered: 02/18/2025) (0) |
| Jan 28, 2025 | 54 | ORDER granting 51 Motion for Riley Green to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 01/28/2025) (0) |
| Jan 22, 2025 | 53 | ORDER granting 52 Letter Motion to Adjourn Conference. The conference scheduled for January 23, 2025, is canceled. So Ordered. (Signed by Judge Lorna G. Schofield on 1/22/2025) (tg) (Entered: 01/22/2025) (1) |
| Jan 21, 2025 | 52 | CONSENT LETTER MOTION to Adjourn Conference on January 23, 2025 addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated January 21, 2025. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 01/21/2025) (1) |
| Jan 16, 2025 | 51 | MOTION for Riley Green to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Exhibit Declaration of Green, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order proposed order).(Green, Riley) (Entered: 01/16/2025) (0) |
| Jan 15, 2025 | 50 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Riley Green to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30466768. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Exhibit Declaration of Green, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order proposed order).(Green, Riley) Modified on 1/15/2025 (rju). (Entered: 01/15/2025) (0) |
| Dec 18, 2024 | 49 | MEMO ENDORSEMENT on re: 48 Claim Construction Statement filed by BE Labs, Inc., ENDORSEMENT: The parties shall file any briefs regarding claim construction in accordance with the schedule described at Dkt. 24 in paragraph 8: opening briefs shall be filed by February 18, 2025; oppositions shall be filed by March 19, 2025, and replies shall be filed by March 26, 2025. By January 21, 2025, the parties shall file a letter identifying any items to be discussed at the January 23, 2025, conference or, if there are none, requesting that the conference be canceled. So Ordered. (Signed by Judge Lorna G. Schofield on 12/18/2024) (Brief due by 2/18/2025., Reply to Response to Brief due by 3/26/2025., Responses to Brief due by 3/19/2025) (ar) (Entered: 12/18/2024) (4) |
| Dec 17, 2024 | 48 | JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by BE Labs, Inc.. (Attachments: # 1 Exhibit A).(Rabicoff, Isaac) (Entered: 12/17/2024) (0) |
| Dec 12, 2024 | 47 | ORDER: ORDERED that the motions for summary judgment described by paragraph 9 of the Order dated July 11, 2024, are limited to any motions related to issues upon which claim construction will depend. (Signed by Judge Lorna G. Schofield on 12/12/2024) (mml) (Entered: 12/12/2024) (1) |
| Dec 10, 2024 | 46 | ORDER re: 45 Order on Motion to Continue. WHEREAS, by Order dated November 14, 2024, a conference is scheduled for December 11, 2024, at 4:20pm. It is hereby ORDERED that the conference is adjourned to December 11, 2024, at 4:30 pm. To join the conference, the parties shall call (855) 244-8681 and enter access code 2311 193 8649. ( Telephone Conference set for 12/11/2024 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/10/2024) (jjc) (Entered: 12/10/2024) (1) |
| Nov 14, 2024 | 45 | ORDER granting 44 Letter Motion to Continue Application GRANTED. The conference scheduled for December 4, 2024, is adjourned to December 11, 2024, at 4:20pm. Telephone Conference set for 12/11/2024 at 04:20 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 11/14/2024) (jca) (Entered: 11/14/2024) (1) |
| Nov 13, 2024 | 44 | LETTER MOTION to Continue Pre-Motion Conference (UNOPPOSED) addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated November 13, 2024. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 11/13/2024) (1) |
| Nov 4, 2024 | 43 | ORDER granting 38 Letter Motion for Conference A pre-motion conference will be held on December 4, 2024, at 4:20pm. The parties shall call (888) 363-4749 and enter the access code 558-3333. So Ordered. Telephone Conference set for 12/4/2024 at 04:20 PM before Judge Lorna G. Schofield.. (Signed by Judge Lorna G. Schofield on 11/4/2024) (jca) (Entered: 11/04/2024) (3) |
| Oct 30, 2024 | 42 | RESPONSE re: 41 Notice (Other) . Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 10/30/2024) (3) |
| Oct 29, 2024 | 41 | NOTICE of Supplemental Authority. Document filed by Ubiquiti Inc.. (Attachments: # 1 Exhibit A).(Hardin-Smith, Excylyn) (Entered: 10/29/2024) (0) |
| Oct 28, 2024 | 40 | LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated October 28, 2024 re: 38 LETTER MOTION for Conference (Pre-Motion Conference for Motion for Judgment on the Pleadings) addressed to Judge Lorna G. Schofield from Excylyn J. Hardin-Smith dated 10/18/2024. . Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 10/28/2024) (3) |
| Oct 21, 2024 | N/A | Set/Reset Deadlines: Responses due by 10/29/2024. (mml) (Entered: 10/21/2024) (0) |
| Oct 21, 2024 | 39 | ORDER with respect to 38 Letter Motion for Conference. Plaintiff shall respond by October 29, 2024. So Ordered. (Signed by Judge Lorna G. Schofield on 10/21/2024) (mml) (Entered: 10/21/2024) (3) |
| Oct 18, 2024 | 38 | LETTER MOTION for Conference (Pre-Motion Conference for Motion for Judgment on the Pleadings) addressed to Judge Lorna G. Schofield from Excylyn J. Hardin-Smith dated 10/18/2024. Document filed by Ubiquiti Inc...(Hardin-Smith, Excylyn) (Entered: 10/18/2024) (3) |
| Oct 15, 2024 | 37 | ORDER granting 36 Letter Motion for Extension of Time Application GRANTED. Defendant shall serve any invalidity contentions and comply with Texas Rules 3-3 and 3-4 by November 22, 2024. All other deadlines are unaffected and remain operative.. (Signed by Judge Lorna G. Schofield on 10/15/2024) (jca) (Entered: 10/15/2024) (1) |
| Oct 11, 2024 | 36 | LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Excylyn J. Hardin-Smith dated October 11, 2024. Document filed by Ubiquiti Inc., Ubiquiti Networks, Inc...(Hardin-Smith, Excylyn) (Entered: 10/11/2024) (1) |
| Aug 6, 2024 | 34 | ORDER granting 30 Motion for Lance E. Wyatt to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 33 | ORDER granting 29 Motion for Neil J. McNabnay to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 08/06/2024) (0) |
| Aug 6, 2024 | 35 | ORDER granting 31 Motion for David B. Conrad to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 08/06/2024) (0) |
| Jul 22, 2024 | 32 | ANSWER to 22 Counterclaim. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 07/22/2024) (6) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 31 MOTION for David B. Conrad to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 30 MOTION for Lance E. Wyatt to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614358. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Neil J. McNabnay to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614329. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | 31 | MOTION for David B. Conrad to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of David B. Conrad, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(Conrad, David) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | 30 | MOTION for Lance E. Wyatt to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of Lance E. Wyatt, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(Wyatt, Lance) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | 29 | MOTION for Neil J. McNabnay to Appear Pro Hac Vice Filing fee receipt number ANYSDC-29614329. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of Neil J. McNabnay, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(McNabnay, Neil) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 28 MOTION for David B. Conrad to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29614362 Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wrong judge's name on Proposed Order; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order (rju) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 27 MOTION for Lance E. Wyatt to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29614358 Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): Wrong judge's name on Proposed Order; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 26 MOTION for Neil J. McNabnay to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-29614329 Motion and supporting papers to be reviewed by Clerk's Office staff The filing is deficient for the following reason(s): Wrong judge's name on Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) (Entered: 07/17/2024) (0) |
| Jul 16, 2024 | 28 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David B. Conrad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29614362. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of David B. Conrad, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(Conrad, David) Modified on 7/17/2024 (rju). (Entered: 07/16/2024) (0) |
| Jul 16, 2024 | 27 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lance E. Wyatt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29614358. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of Lance E. Wyatt, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(Wyatt, Lance) Modified on 7/17/2024 (rju). (Entered: 07/16/2024) (0) |
| Jul 16, 2024 | 26 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Neil J. McNabnay to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29614329. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ubiquiti Inc.. (Attachments: # 1 Affidavit Declaration of Neil J. McNabnay, # 2 Exhibit Certificate of Good Standing from the Supreme Court of Texas, # 3 Proposed Order Proposed Order).(McNabnay, Neil) Modified on 7/17/2024 (rju). (Entered: 07/16/2024) (0) |
| Jul 16, 2024 | 25 | ORDER: It is hereby ORDERED that the July 17, 2024, initial pretrial conference is CANCELED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 7/16/2024) (ks) (Entered: 07/16/2024) (1) |
| Jul 11, 2024 | 24 | PATENT CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties shall complete all discovery related to claim construction, including any depositions with respect to claim construction of any witnesses, such as experts identified in the joint claim construction and prehearing statement, as required by Texas Rule 4-4 by January 16, 2025. The party asserting infringement, or the party asserting invalidity if there is no infringement issue present in the case, shall file an opening claim construction brief and all supporting evidence and testimony by February 18, 2025. [30 days after No. 6] The opposing party shall file a response to the opening claim construction brief and all supporting evidence and testimony by March 19, 2025. [30 days from the filing of the opening brief] The opening party shall file a reply solely rebutting the opposing party's response by March 26, 2025. [7 days from the filing of the response] These submissions shall be submitted in accordance with the page limitations provided in the Court's Individual Rule III.B.1. M tions for summary judgment, if any, shall be filed in accordance with the briefing schedule in No. 8. SO ORDERED. ( Deposition due by 1/16/2025., Discovery due by 1/16/2025., Case Management Conference set for 1/23/2025 at 01:00 PM before Judge Lorna G. Schofield., Claim Construction Hearing set for 4/10/2025 at 01:00 PM before Judge Lorna G. Schofield.), ( Brief due by 2/18/2025., Motions due by 2/18/2025., Responses due by 3/19/2025, Replies due by 3/26/2025., Reply to Response to Brief due by 3/26/2025., Responses to Brief due by 3/19/2025) (Signed by Judge Lorna G. Schofield on 7/11/2024) (tg) (Entered: 07/11/2024) (3) |
| Jul 10, 2024 | 23 | JOINT LETTER addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated July 10, 2024 re: Rule 16 Joint Letter re: Pretrial Conference on July 17, 2024 at 4:20 p.m.. Document filed by BE Labs, Inc.. (Attachments: # 1 Proposed Order Joint Proposed Patent Case Management Plan and Scheduling Order).(Rabicoff, Isaac) (Entered: 07/10/2024) (0) |
| Jul 1, 2024 | 22 | ANSWER to 13 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against BE Labs, Inc.. Document filed by Ubiquiti Inc...(Hardin-Smith, Excylyn) (Entered: 07/01/2024) (11) |
| Jul 1, 2024 | 21 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ubiquiti Inc...(Hardin-Smith, Excylyn) (Entered: 07/01/2024) (3) |
| Jul 1, 2024 | 20 | NOTICE OF APPEARANCE by Excylyn Janaize Hardin-Smith on behalf of Ubiquiti Inc...(Hardin-Smith, Excylyn) (Entered: 07/01/2024) (1) |
| Jun 25, 2024 | 19 | WAIVER OF SERVICE RETURNED EXECUTED. Ubiquiti Inc. waiver sent on 6/7/2024, answer due 8/6/2024. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 06/25/2024) (1) |
| Jun 12, 2024 | 18 | ORDER granting in part and denying in part 17 Letter Motion to Continue. Application GRANTED in part and DENIED in part. The initial pre-trial conference scheduled for July 3, 2024, is adjourned to July 17, 2024, at 4:20 pm. The materials described at Dkt. 10 shall be filed by July 10, 2024. Initial Conference set for 7/17/2024 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/12/2024) (rro) (Entered: 06/12/2024) (2) |
| Jun 11, 2024 | 17 | CONSENT LETTER MOTION to Continue Initial Conference set for 7/3/2024 addressed to Judge Lorna G. Schofield from Isaac Rabicoff dated June 11, 2024. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 06/11/2024) (2) |
| Jun 11, 2024 | 16 | ELECTRONIC SUMMONS ISSUED as to Ubiquiti Inc...(pc) (Entered: 06/11/2024) (2) |
| Jun 10, 2024 | 15 | REQUEST FOR ISSUANCE OF SUMMONS as to Ubiquiti Inc., re: 13 Amended Complaint,. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 06/10/2024) (2) |
| Jun 10, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Isaac Rabicoff to RE-FILE Document No. 14 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 06/10/2024) (0) |
| Jun 7, 2024 | 14 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Ubiquiti Inc., re: 13 Amended Complaint. Document filed by BE Labs, Inc..(Rabicoff, Isaac) Modified on 6/10/2024 (sj). (Entered: 06/07/2024) (2) |
| Jun 7, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Isaac Rabicoff to RE-FILE Document No. 12 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed on Summons PDF and ECF Docket Entry does not correspond to pleading caption. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 06/07/2024) (0) |
| Jun 7, 2024 | 13 | Amended Complaint* (1) |
| Jun 6, 2024 | 12 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Ubiquiti Inc., re: 2 Amended Complaint,. Document filed by BE Labs, Inc...(Rabicoff, Isaac) Modified on 6/7/2024 (vf). (Entered: 06/06/2024) (2) |
| May 28, 2024 | 11 | ORDER granting 7 Motion for Isaac Rabicoff to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 05/28/2024) (0) |
| May 15, 2024 | 10 | ORDER: Initial Conference set for 7/3/2024 at 04:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter passcode 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure that they are dialed into the call by the appointed conference time, as further set forth. (Signed by Judge Lorna G. Schofield on 5/15/2024) (mml) (Entered: 05/15/2024) (3) |
| May 13, 2024 | 9 | AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) (Entered: 05/13/2024) (1) |
| May 13, 2024 | 8 | ELECTRONIC SUMMONS ISSUED as to Ubiquiti Networks, Inc...(jgo) (Entered: 05/13/2024) (2) |
| May 13, 2024 | N/A | Case Designated ECF. (jgo) (Entered: 05/13/2024) (0) |
| May 13, 2024 | N/A | Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 05/13/2024) (0) |
| May 13, 2024 | N/A | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 05/13/2024) (0) |
| May 13, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Isaac Rabicoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29342625. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 05/13/2024) (0) |
| May 12, 2024 | 7 | MOTION for Isaac Rabicoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29342625. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BE Labs, Inc.. (Attachments: # 1 Affidavit Declaration of Isaac Rabicoff, # 2 Proposed Order Proposed Order, # 3 Supplement Certificate of Good Standing).(Rabicoff, Isaac) (Entered: 05/12/2024) (0) |
| May 12, 2024 | 6 | AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Rabicoff, Isaac) (Entered: 05/12/2024) (1) |
| May 12, 2024 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to Ubiquiti Networks, Inc., re: 2 Amended Complaint,. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 05/12/2024) (2) |
| May 12, 2024 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BE Labs, Inc...(Rabicoff, Isaac) (Entered: 05/12/2024) (2) |
| May 12, 2024 | 3 | CIVIL COVER SHEET filed..(Rabicoff, Isaac) (Entered: 05/12/2024) (2) |
| May 12, 2024 | 1 | Complaint* (1) |
| May 12, 2024 | 2 | Amended Complaint* (1) |
