Case number 7:23-cv-08616
Carvana, LLC v. International Business Machines Corporation > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 3, 2025 | 156 | OPINION AND ORDER re: 148 MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review. filed by Carvana, LLC. The Court determines that two of the three factors used to determine whether to grant a stay pending an IPR petition weigh in favor of granting the stay, and that the third only weighs mildly against granting a stay. For those reasons, Plaintiff's Motion is granted. The Clerk of Court is respectfully directed to terminate the pending motion (see Dkt. No. 148), and to stay the case pending the Federal Circuits decision. SO ORDERED., (Case stayed.) (Signed by Judge Kenneth M. Karas on 9/3/25) (yv) (Entered: 09/03/2025) (9) |
| Aug 5, 2025 | 155 | LETTER addressed to Judge Kenneth M. Karas from Wendy Stein dated August 5, 2025 re: Update on Pending Federal Circuit Appeal Involving U.S. Patent-in-Suit No. 7,631,346. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 08/05/2025) (1) |
| Jul 18, 2025 | 154 | NOTICE of regarding Discretionary Denial of IPR2025-00564 re: 148 MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review.. Document filed by International Business Machines Corporation..(Miller, Lindsey) (Entered: 07/18/2025) (6) |
| Jul 2, 2025 | 153 | NOTICE OF APPEARANCE by Samuel Josef Erlanger on behalf of Carvana, LLC..(Erlanger, Samuel) (Entered: 07/02/2025) (1) |
| Jun 18, 2025 | 152 | REPLY MEMORANDUM OF LAW in Support re: 148 MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review. . Document filed by Carvana, LLC. (Attachments: # 1 Exhibit 1 - Exhibit 1027 in IPR, # 2 Exhibit 2 - Petitioner's Discretionary Denial Responsive Brief, # 3 Exhibit 3 - Exhibit 1028 in IPR, # 4 Exhibit 4 - Exhibit 1015 in IPR, # 5 Exhibit 5 - Exhibit 1019 in IPR).(LaCorte, Brian) (Entered: 06/18/2025) (0) |
| Jun 4, 2025 | 149 | MOTION to Seal Defendant International Business Machines Corporation's Opposition to Plaintiff Carvana, LLC's Motion to Stay Pending Inter Partes Review and Exhibit 19 In Support of Defendant's Opposition. Document filed by International Business Machines Corporation. (Attachments: # 1 Proposed Order Granting Defendant IBM's Motion to Seal Opposition to Carvana's Motion to Stay Pending Inter Partes Review and Exhibit 19).(Miller, Lindsey) (Entered: 06/04/2025) (0) |
| Jun 4, 2025 | 150 | ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: 148 MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review. . Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Affidavit Declaration of Asim Zaidi In Support of Defendant International Business Machines Corporation's Opposition to Plaintiff Carvana, LLC's Motion to Stay Pending Inter Partes Review, # 2 Exhibit 1 - Zynga's Roy Chart, # 3 Exhibit 2 - John K. Bennett Expert Report, # 4 Exhibit 3 - John K. Bennett Trial Testimony, # 5 Exhibit 4 - Zynga Trial Verdict Form, # 6 Exhibit 5 - Email from W. Yau dated March 1, 2024, # 7 Exhibit 6 - Email from J. Watson dated April 19, 2024, # 8 Exhibit 7 - Carvana Invalidity Contentions Cover, # 9 Exhibit 8 - Carvana's Roy Chart, # 10 Exhibit 9 - Highlighted Comparison of Zynga and Carvana Roy Charts, # 11 Exhibit 10 - IBM's Infringement Contentions Against Zynga, # 12 Exhibit 11 - IBM's Infringement Contentions Against Carvana, # 13 Exhibit 12 - IBM's 1st Set of Interrogatories (Nos. 1-12), # 14 Exhibit 13 - Carvana's 1st Set of Interrogatories (Nos. 1-2), # 15 Exhibit 14 - Tracker of Hours Used for Deposition, # 16 Exhibit 15 - Carvana's IPR Petition, # 17 Exhibit 16 - USPTO Director Memorandum dated March 26, 2025, # 18 Exhibit 17 - Winston & Strawn Article, # 19 Exhibit 18 - IBM's Discretionary Denial Brief, # 20 Exhibit 19 - Excerpt of Deposition of Tyler Pinho dated December 19, 2024)Motion or Order to File Under Seal: 149 .(Miller, Lindsey) (Entered: 06/04/2025) (0) |
| Jun 4, 2025 | 151 | RESPONSE in Opposition to Motion re: 148 MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review. . Document filed by International Business Machines Corporation. (Attachments: # 1 Affidavit Declaration of Asim Zaidi In Support of Defendant International Business Machines Corporation's Opposition to Plaintiff Carvana, LLC's Motion to Stay Pending Inter Partes Review, # 2 Exhibit 1 - Zynga's Roy Chart, # 3 Exhibit 2 - John K. Bennett Expert Report, # 4 Exhibit 3 - John K. Bennett Trial Testimony,, # 5 Exhibit 4 - Zynga Trial Verdict Form, # 6 Exhibit 5 - Email from W. Yau dated March 1, 2024, # 7 Exhibit 6 - Email from J. Watson dated April 19, 2024, # 8 Exhibit 7 - Carvana Invalidity Contentions Cover, # 9 Exhibit 8 - Carvana's Roy Chart, # 10 Exhibit 9 - Highlighted Comparison of Zynga and Carvana Roy Charts, # 11 Exhibit 10 - IBM's Infringement Contentions Against Zynga, # 12 Exhibit 11 - IBM's Infringement Contentions Against Carvana, # 13 Exhibit 12 - IBM's 1st Set of Interrogatories (Nos. 1-12), # 14 Exhibit 13 - Carvana's 1st Set of Interrogatories (Nos. 1-2), # 15 Exhibit 14 - Tracker of Hours Used for Deposition, # 16 Exhibit 15 - Carvana's IPR Petition, # 17 Exhibit 16 - USPTO Director Memorandum dated March 26, 2025, # 18 Exhibit 17 - Winston & Strawn Article, # 19 Exhibit 18 - IBM's Discretionary Denial Brief, # 20 Exhibit 19 - Excerpt of Deposition of Tyler Pinho dated December 19, 2024 (REDACTED)).(Miller, Lindsey) (Entered: 06/04/2025) (0) |
| May 7, 2025 | 147 | NOTICE of Motion to Stay Pending Inter Partes Review. Document filed by Carvana, LLC..(LaCorte, Brian) (Entered: 05/07/2025) (4) |
| May 7, 2025 | 148 | MOTION to Stay re: 147 Notice (Other) // Motion to Stay Pending Inter Partes Review. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit 1 - Petitioners Sotera Stipulation, # 2 Exhibit 2 - Assa Abloy AB v. CPC Patent Techs. Pty. Ltd., # 3 Exhibit 3 - Kiss Nail Prods., Inc. v. Tianjin Shuangrong Paper Prods. Co., # 4 Exhibit 4 - Form 10-K filed by Carvana, # 5 Exhibit 5 - Principal Brief of Zillow in Appeal Nos. 2024-1170 and 2024-1238, # 6 Exhibit 6 - Carvana's Complaint for Declaratory Judgment).(LaCorte, Brian) (Entered: 05/07/2025) (0) |
| Apr 22, 2025 | 146 | MEMO ENDORSEMENT on re: 145 Letter Stipulated Briefing Schedule on Motion to Stay Pending Inter Partes Review filed by Carvana, LLC. ENDORSEMENT: So Ordered., ( Replies due by 6/18/2025., Responses due by 6/4/2025) (Signed by Judge Kenneth M. Karas on 4/21/25) (yv) (Entered: 04/22/2025) (1) |
| Apr 21, 2025 | 145 | LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated April 21, 2025 re: Stipulated Briefing Schedule on Motion to Stay Pending Inter Partes Review. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 04/21/2025) (1) |
| Feb 25, 2025 | 144 | OPINION & ORDER re: 125 JOINT LETTER MOTION to Seal Exhibits A and B to the Joint Letter to the Honorable Victoria Reznik Submitting Requested Deposition Transcripts addressed to Magistrate Judge Victoria Reznik from William N. Yau dated September 19, 2024. filed by International Business Machines Corporation, 116 LETTER MOTION to Seal IBM's Letter to the Honorable Victoria Reznik Requesting Pre-Motion Conference to Compel Discovery addressed to Magistrate Judge Victoria Reznik from William N. Yau dated August 30, 2024. filed by International Business Machines Corporation, 128 LETTER MOTION to Seal Exhibits A and B to the Letter to the Honorable Victoria Reznik Submitting Requested Affidavits addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated September 20, 2024. filed by Carvana, LLC. Thus, ECF Nos. 118 and 127 may stay on the docket in their redacted form and ECF Nos. 117 and 126 may remain under seal in their entirety. ECF Nos. 129 and 130 (the witness affidavits) facially contain commercially sensitive information. Based on the Court's review of these filings, the Court finds that sealing them in their entirety is the most narrowly tailored means of sealing them. Thus, the Court finds that ECF Nos. 129 and 130 should remain sealed. Consequently, the Clerk of Court is respectfully directed to maintain ECF Nos. 117, 126, 129, and 130 under seal and only viewable to "selected parties." Finally, the Clerk of Court is respectfully directed to close out the gavels on ECF Nos. 116, 125, and 128. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 2/25/2025) (ks) (Entered: 02/25/2025) (3) |
| Feb 14, 2025 | 143 | LETTER addressed to Judge Kenneth M. Karas from Jordan N. Malz dated February 14, 2025 re: Response to Plaintiff Carvana, LLC Letter regarding Request for Pre-Motion Conference regarding Motion to Stay Pending IPR of '719 patent Dkt. 142. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 - April 19, 2024 Email to Carvana producing Zyngas Invalidity Chart for Roy, # 2 Exhibit 2 - Excerpt of Zyngas Invalidity Chart for Roy, produced by IBM to Carvana on April 19, 2024, # 3 Exhibit 3 - Excerpts of Carvanas Supplemental Invalidity Contentions, served by Carvana on July 10, 2024, # 4 Exhibit 4 - Excerpt of Carvanas Invalidity Chart for Roy (Exhibit D-13), served by Carvana on July 10, 2024).(Malz, Jordan) (Entered: 02/14/2025) (0) |
| Feb 7, 2025 | 142 | LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated February 7, 2025 re: Request for Pre-Motion Conference re: Motion to Stay Pending IPR of '719 patent. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A - IPR Petition).(Stein, Wendy) (Entered: 02/07/2025) (0) |
| Feb 3, 2025 | 141 | LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated February 3, 2025 re: Notice of Petition Seeking Inter Partes Review Filed with the Patent Trial and Appeal Board of the U.S. Patent & Trademark Office. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 02/03/2025) (1) |
| Jan 3, 2025 | 140 | MEMO ENDORSED ORDER granting 139 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. So Ordered. (Attorney Jonathon A. Talcott terminated.) (Signed by Judge Kenneth M. Karas on 1/2/25) (yv) (Entered: 01/03/2025) (1) |
| Dec 30, 2024 | 139 | MOTION for Jonathon A. Talcott to Withdraw as Attorney // Letter Motion to Withdraw Appearance as Counsel Under S.D.N.Y. Local Rule 1.4. Document filed by Carvana, LLC..(Talcott, Jonathon) (Entered: 12/30/2024) (1) |
| Dec 20, 2024 | 137 | NOTICE of Parties' Unsuccessful Mediation. Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 12/20/2024) (3) |
| Dec 20, 2024 | 138 | Minute Entry for proceedings held before Magistrate Judge Victoria Reznik: Emergency Telephone Conference held on 12/20/2024 at 2:30 p.m. The parties contacted the Court for an emergency conference to resolve Carvana's objections to the scope of IBM's questioning during Ms. Wilson's deposition. The Court reaffirmed the thrust of its order, as discussed on the record, and provided direction about the scope of the remaining deposition. The Court also directed the parties not to burden the record with speaking objections. (Entered: 12/20/2024) (Entered: 12/20/2024) (0) |
| Nov 22, 2024 | 136 | OPINION & ORDER: For the reasons above, Defendant's Motion to Compel is GRANTED in part and DENIED in part. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 11/22/2024) (ks) (Entered: 11/22/2024) (10) |
| Nov 19, 2024 | 135 | NOTICE of Amendment to Joint Claim Terms Chart re: 105 Notice (Other). Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 11/19/2024) (3) |
| Nov 13, 2024 | 134 | OPINION & ORDER: For the reasons above, Plaintiff's motion for a Protective Order to quash Ms. Wilson's deposition notice is GRANTED in part and DENIED in part. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 11/13/2024) (ks) (Entered: 11/13/2024) (9) |
| Oct 18, 2024 | 133 | BRIEF re: 132 Claim Construction Statement,,,,, 122 Claim Construction Statement,,, // Carvana, LLC's Sur-Reply Claim Construction Brief. Document filed by Carvana, LLC..(LaCorte, Brian) (Entered: 10/18/2024) (29) |
| Oct 1, 2024 | 132 | CLAIM CONSTRUCTION STATEMENT. Document filed by International Business Machines Corporation. (Attachments: # 1 Affidavit Declaration of Michael K. Hilyard In Support of IBM's Reply Claim Construction Brief, # 2 Exhibit 7 - Excerpts of the Prosecution History for U.S. Patent No. 7,631,346 (Reply, dated February 13, 2009), # 3 Exhibit 8 - Excerpts of the Patent Owners Sur-Reply, Ebates Performance Marketing, Inc. DBA Rakuten Rewards, et al. v. Intl Bus. Machs. Corp., IPR2022-00646, dated June 9, 2023, # 4 Exhibit 9 - Websters New World College Dictionary (4th ed. 1999), Application,", # 5 Exhibit 10 - Websters American Dictionary (2nd College ed. 2000), Application,, # 6 Exhibit 11 - Microsoft Computer Dictionary (4th ed. 1999), Application,, # 7 Exhibit 12 - Newtons Telecom Dictionary: The Official Dictionary of Telecommunications Networking & the Internet (16th ed. 2000), Application,, # 8 Exhibit 13 - Final Written Decision, Ebates Performance Marketing, Inc., DBA Rakuten Rewards v. Intl Bus. Machs. Corp., IPR2022-00133, Paper 35, dated May 24, 2023, # 9 Exhibit 14 - Newtons Telecom Dictionary (21st ed. 2005), Resource,, # 10 Exhibit 15 - Random House Websters Unabridged Dictionary (2nd ed. 2001), Frame,, # 11 Exhibit 16 - Excerpts of the Prosecution History for U.S. Patent No. 7,543,234 (Response to Final Office Action, dated September 11, 2008)).(Malz, Jordan) (Entered: 10/01/2024) (0) |
| Sep 27, 2024 | 131 | STATUS REPORT. // Joint Status Report Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 09/27/2024) (3) |
| Sep 20, 2024 | 128 | LETTER MOTION to Seal Exhibits A and B to the Letter to the Honorable Victoria Reznik Submitting Requested Affidavits addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated September 20, 2024. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 09/20/2024) (1) |
| Sep 20, 2024 | 129 | ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated September 20, 2024 re: Submitting Requested Affidavits. Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Exhibit A - Declaration of Matthew Scott, # 2 Exhibit B - Declaration of Anne Howard)Motion or Order to File Under Seal: 128 .(Stein, Wendy) (Entered: 09/20/2024) (0) |
| Sep 20, 2024 | 130 | ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated September 20, 2024 re: // Corrected Letter Submitting Requested Affidavits. Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Exhibit A - Declaration of Matthew Scott with Exhibit, # 2 Exhibit B - Declaration of Anne Howard with Exhibits)Motion or Order to File Under Seal: 128 .(Stein, Wendy) (Entered: 09/20/2024) (0) |
| Sep 19, 2024 | 123 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/13/2024 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....(O'Donnell, Angela) (Entered: 09/19/2024) (1) |
| Sep 19, 2024 | 124 | TRANSCRIPT of Proceedings re: conference held on 9/13/2024 before Magistrate Judge Victoria Reznik. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025. 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 10/10/2024. Redacted Transcript Deadline set for 10/21/2024. Release of Transcript Restriction set for 12/18/2024..(O'Donnell, Angela) (Entered: 09/19/2024) (0) |
| Sep 19, 2024 | 125 | JOINT LETTER MOTION to Seal Exhibits A and B to the Joint Letter to the Honorable Victoria Reznik Submitting Requested Deposition Transcripts addressed to Magistrate Judge Victoria Reznik from William N. Yau dated September 19, 2024. Document filed by International Business Machines Corporation..(Yau, William) (Entered: 09/19/2024) (1) |
| Sep 19, 2024 | 126 | ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Victoria Reznik from William N. Yau dated September 19, 2024 re: Submitting Requested Deposition Transcripts. Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Exhibit A - Deposition of Thomas McBride dated August 27, 2024 - SEALED, # 2 Exhibit B - Deposition of Paul McReynolds dated August 28, 2024 - SEALED)Motion or Order to File Under Seal: 125 .(Yau, William) (Entered: 09/19/2024) (0) |
| Sep 19, 2024 | 127 | JOINT LETTER addressed to Magistrate Judge Victoria Reznik from William N. Yau dated September 19, 2024 re: Submitting Requested Deposition Transcripts. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Deposition of Thomas McBride dated August 27, 2024 - REDACTED, # 2 Exhibit B - Deposition of Paul McReynolds dated August 28, 2024 - REDACTED).(Yau, William) (Entered: 09/19/2024) (0) |
| Sep 13, 2024 | 121 | Minute Entry for proceedings held before Magistrate Judge Victoria Reznik: Telephone Conference held on 09/13/2024 at 12:00 p.m. The Court heard arguments from the parties concerning several topics raised in their letter motions (ECF Nos. 111, 117) and made the following rulings: (1) the parties will submit to the Court the complete deposition transcripts for Tom McBride and Paul McReynolds as soon as practicable; (2) Plaintiff will submit an affidavit no later than September 20, 2024, explaining the hardship in acquiring the Lighthouse metrics data and the efforts undertaken to locate it (including efforts made to acquire it through custodians of Carvana); and (3) the parties will meet and confer concerning the source code issue as discussed on the record. By September 27, 2024, the parties will submit a joint status letter updating the Court on the status of this issue. To the extent the parties cannot resolve this issue without further judicial intervention, the parties will propose an additional briefing schedule on this topic. (njm) (Entered: 09/13/2024). (Entered: 09/13/2024) (0) |
| Sep 13, 2024 | 122 | CLAIM CONSTRUCTION STATEMENT. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit Declaration of Wendy Stein in Support of Carvana's Responsive Claim Construction Brief, # 2 Exhibit 1 - U.S. Patent No. 7,631,346, # 3 Exhibit 2 - Excerpt from 346 Pros History, # 4 Exhibit 3 - IPR2022-00646, Patent Owner Sur-Reply, # 5 Exhibit 4 - IPR2022-00646, Final Written Decision, # 6 Exhibit 5 - U.S. Patent No. 7,702,719, # 7 Exhibit 6 - Excerpt from Microsoft Computer Dictionary (4th ed. 1999), # 8 Exhibit 7 - Excerpt from Webster's New World Dictionary of Computer Terms (8th ed. 2000) - Frame, # 9 Exhibit 8 - U.S. Patent No. 7,543,234, # 10 Exhibit 9 - IPR2022-00133, Final Written Decision, # 11 Exhibit 10 - IBM Infringement Contentions - Ex. C 1,78,79, # 12 Exhibit 11 - U.S. Patent Pub. 20050065913 (Lillie), # 13 Exhibit 12 - Excerpt from 234 Pros History - Response to Office Action 12-13-2007).(LaCorte, Brian) (Entered: 09/13/2024) (0) |
| Sep 9, 2024 | 120 | ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated September 9, 2024 re: 117 LETTER MOTION to Compel Plaintiff Carvana, LLC to Produce Discovery Regarding Technical Metrics and Provide A Witness To Testify On IBM's 30(b)(6) Topics addressed to Magistrate Judge Victoria Reznik from Jordan N. Malz dated August 3 SEALED. Document filed by Carvana, LLC, International Business Machines Corporation. (Attachments: # 1 Exhibit A - A. Zaidi August 28 Email, # 2 Exhibit B - B. LaCorte August 30 Email, # 3 Exhibit C - Document Production Nos. CARVANA0034960-CARVANA0034973, # 4 Exhibit D - Metrics Data, Document Production Nos. CARVANA0006081, et seq., # 5 Exhibit E - Document Production No. CARVANA0017589, # 6 Exhibit F - Paul McReynolds Deposition Transcript, # 7 Exhibit G - Metrics Data, Document Production Nos. CARVANA0046418, et seq., # 8 Exhibit H - Zachary Huber Deposition Transcript, # 9 Exhibit I - Anne Howard Deposition Transcript, # 10 Exhibit J - Franco Johnson Deposition Transcript, # 11 Exhibit K - Jonathon Rehm Deposition Transcript, # 12 Exhibit L - D. Hensley June 24 Email, # 13 Exhibit M - D. Hensley July 15 Email, # 14 Exhibit N - D. Hensley July 22 Letter, # 15 Exhibit O - IBMs Rule 30(b)(6) Notice, # 16 Exhibit P - Tyler Pinho deposition transcript, # 17 Exhibit Q - W. Stein August 7, August 13, and August 16 Emails, # 18 Exhibit R - L. Miller April 19 Email, # 19 Exhibit S - W. Yau August 21 Email, # 20 Exhibit T - W. Stein August 1 Email, # 21 Exhibit U - B. LaCorte August 23 Email, # 22 Exhibit V - D. Hensley August 27 Email)Motion or Order to File Under Seal: 117 .(Stein, Wendy) (Entered: 09/09/2024) (0) |
| Sep 4, 2024 | 119 | MEMO ENDORSEMENT on re: 115 Status Report filed by Carvana, LLC. ENDORSEMENT: To address the discovery disputes raised in the parties' pre-motion letters, the Court is scheduling a telephonic discovery conference for Friday, September 13, 2024, at 12:00pm. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the conference. At the conference, the parties should be prepared to discuss items A and B in section I of this letter. SO ORDERED. (Telephone Conference set for 9/13/2024 at 12:00 PM before Magistrate Judge Victoria Reznik.) (Signed by Magistrate Judge Victoria Reznik on 9/4/2024) (sgz) (Entered: 09/05/2024) (3) |
| Aug 30, 2024 | 115 | STATUS REPORT. // Joint Status Report Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 08/30/2024) (3) |
| Aug 30, 2024 | 116 | LETTER MOTION to Seal IBM's Letter to the Honorable Victoria Reznik Requesting Pre-Motion Conference to Compel Discovery addressed to Magistrate Judge Victoria Reznik from William N. Yau dated August 30, 2024. Document filed by International Business Machines Corporation..(Yau, William) (Entered: 08/30/2024) (1) |
| Aug 30, 2024 | 117 | ***SELECTED PARTIES*** LETTER MOTION to Compel Plaintiff Carvana, LLC to Produce Discovery Regarding Technical Metrics and Provide A Witness To Testify On IBM's 30(b)(6) Topics addressed to Magistrate Judge Victoria Reznik from Jordan N. Malz dated August 30, 2024. Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Exhibit 1 - 12/15/2023 IBM's First Set of Requests for Production (SEALED), # 2 Exhibit 2- 02/23/2024 IBM's Second Set of Requests for Production (SEALED), # 3 Exhibit 3 - 03/25/2024 Carvana's Responses and Objections to IBMs Second Set of Requests for Production (SEALED), # 4 Exhibit 4 - 04/17/2024 Email from J. Malz to W. Stein (SEALED), # 5 Exhibit 5 - 06/05/2024 Deposition Transcript of Ms. Dawn Starlin (SEALED), # 6 Exhibit 6 - 07/11/2024 Deposition Transcript of Jason Cohen (SEALED), # 7 Exhibit 7 - 07/12/2024 IBM's Rule 30(B)(6) Second Notice of Deposition (SEALED), # 8 Exhibit 8 - 07/15/2024 Letter from J. Malz to D. Hensley (SEALED), # 9 Exhibit 9 - 07/17/2024 Deposition Transcript of Anne Howard (SEALED), # 10 Exhibit 10 - 07/22/2024 Letter from W. Stein to J. Malz (SEALED), # 11 Exhibit 11 - 08/07/2024 Email from W. Stein to J. Malz (SEALED), # 12 Exhibit 12 - 08/19/2024 Deposition Transcript of Zachary Huber (SEALED), # 13 Exhibit 13 - 08/21/2024 Deposition Transcript of Franco Johnson (SEALED), # 14 Exhibit 14 - 08/22/2024 Email from J. Malz to B. LaCorte (SEALED), # 15 Exhibit 15 - 08/23/2024 Deposition Transcript of Tyler Pinho (SEALED), # 16 Exhibit 16 - 08/26/2024 Email from B. LaCorte to IBMs Counsel (SEALED), # 17 Exhibit 17 - 08/26/2024 Deposition Transcript of Shannon Spears (SEALED), # 18 Exhibit 18 - 08/28/2024 Deposition Transcript of Paul McReynolds (SEALED), # 19 Exhibit 19 - 08/29/2024 Email from A. Zaidi to W. Stein (SEALED), # 20 Exhibit 20 - Calendar Invitations for Meet and Confers (SEALED), # 21 Exhibit 21 - Document Production Number CARVANA0035987 (SEALED), # 22 Exhibit 22 - Document Production Number CARVANA0035989 (SEALED), # 23 Exhibit 23 - Document Production Number (SEALED), # 24 Exhibit 24 - Document Production Number CARVANA0037389 (SEALED), # 25 Exhibit 25 - Document Production Number CARVANA0039196 (SEALED))Motion or Order to File Under Seal: 116 .(Malz, Jordan) (Entered: 08/30/2024) (0) |
| Aug 30, 2024 | 118 | LETTER MOTION to Compel Plaintiff Carvana, LLC to Produce Discovery Regarding Technical Metrics and Provide A Witness To Testify On IBM's 30(b)(6) Topics addressed to Magistrate Judge Victoria Reznik from Jordan N. Malz dated August 30, 2024. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 - 12/15/2023 IBM's First Set of Requests for Production (REDACTED), # 2 Exhibit 2- 02/23/2024 IBM's Second Set of Requests for Production (REDACTED), # 3 Exhibit 3 - 03/25/2024 Carvana's Responses and Objections to IBMs Second Set of Requests for Production (REDACTED), # 4 Exhibit 4 - 04/17/2024 Email from J. Malz to W. Stein (REDACTED), # 5 Exhibit 5 - 06/05/2024 Deposition Transcript of Ms. Dawn Starlin (REDACTED), # 6 Exhibit 6 - 07/11/2024 Deposition Transcript of Jason Cohen (REDACTED), # 7 Exhibit 7 - 07/12/2024 IBM's Rule 30(B)(6) Second Notice of Deposition (REDACTED), # 8 Exhibit 8 - 07/15/2024 Letter from J. Malz to D. Hensley (REDACTED), # 9 Exhibit 9 - 07/17/2024 Deposition Transcript of Anne Howard (REDACTED), # 10 Exhibit 10 - 07/22/2024 Letter from W. Stein to J. Malz (REDACTED), # 11 Exhibit 11 - 08/07/2024 Email from W. Stein to J. Malz (REDACTED), # 12 Exhibit 12 - 08/19/2024 Deposition Transcript of Zachary Huber (REDACTED), # 13 Exhibit 13 - 08/21/2024 Deposition Transcript of Franco Johnson (REDACTED), # 14 Exhibit 14 - 08/22/2024 Email from J. Malz to B. LaCorte (REDACTED), # 15 Exhibit 15 - 08/23/2024 Deposition Transcript of Tyler Pinho (REDACTED), # 16 Exhibit 16 - 08/26/2024 Email from B. LaCorte to IBMs Counsel (REDACTED), # 17 Exhibit 17 - 08/26/2024 Deposition Transcript of Shannon Spears (REDACTED), # 18 Exhibit 18 - 08/28/2024 Deposition Transcript of Paul McReynolds (REDACTED), # 19 Exhibit 19 - 08/29/2024 Email from A. Zaidi to W. Stein (REDACTED), # 20 Exhibit 20 - Calendar Invitations for Meet and Confers (REDACTED), # 21 Exhibit 21 - Document Production Number CARVANA0035987 (REDACTED), # 22 Exhibit 22 - Document Production Number CARVANA0035989 (REDACTED), # 23 Exhibit 23 - Document Production Number (REDACTED), # 24 Exhibit 24 - Document Production Number CARVANA0037389 (REDACTED), # 25 Exhibit 25 - Document Production Number CARVANA0039196 (REDACTED)).(Malz, Jordan) (Entered: 08/30/2024) (0) |
| Aug 29, 2024 | 112 | LETTER MOTION to Seal IBM's Responsive Letter to the Honorable Victoria Reznik in Opposition to Carvana's Motion for Protective Order, Rule 30(B)(1) Deposition Notice of Jessica Wilson, Esq., addressed to Magistrate Judge Victoria Reznik from William N. Yau dated August 29, 2024. Document filed by International Business Machines Corporation..(Yau, William) (Entered: 08/29/2024) (1) |
| Aug 29, 2024 | 113 | ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Victoria Reznik from Lindsey E. Miller dated August 29, 2024 re: 111 LETTER MOTION for Discovery // Motion for Protective Order, Rule 30(b)(1) Deposition Notice of Jessica Wilson, Esq. addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated 08/22/2024. . Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Pre-Suit Correspondence (SEALED), # 2 Exhibit B - Excerpts of Deposition Transcript of Paul McReynolds dated August 28, 2024 (SEALED), # 3 Exhibit C - Plaintiff Carvana, LLC's Rule 30(B)(6) Notice of Deposition of Defendant International Business Machines Corporation dated July 12, 2024 (SEALED), # 4 Exhibit D - Email from W. Yau to W. Stein et al., regarding 30(B)(6) Designations (SEALED))Motion or Order to File Under Seal: 112 .(Miller, Lindsey) (Entered: 08/29/2024) (0) |
| Aug 29, 2024 | 114 | LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Victoria Reznik from Lindsey E. Miller dated August 29, 2024 re: 111 LETTER MOTION for Discovery // Motion for Protective Order, Rule 30(b)(1) Deposition Notice of Jessica Wilson, Esq. addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated 08/22/2024. . Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Pre-Suit Correspondence (REDACTED), # 2 Exhibit B - Excerpts of Deposition Transcripts of Paul McReynolds dated August 28, 2024 (REDACTED), # 3 Exhibit C - Plaintiff Carvana, LLC's Rule 30(B)(6) Notice of Deposition of Defendant International Business Machines Corporation dated July 12, 2024 (REDACTED), # 4 Exhibit D - Email from W. Yau to W. Stein et al., regarding 30(B)(6) Designations (REDACTED)).(Miller, Lindsey) (Entered: 08/29/2024) (0) |
| Aug 22, 2024 | 111 | LETTER MOTION for Discovery // Motion for Protective Order, Rule 30(b)(1) Deposition Notice of Jessica Wilson, Esq. addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated 08/22/2024. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 08/22/2024) (4) |
| Aug 13, 2024 | 110 | CLAIM CONSTRUCTION STATEMENT. Document filed by International Business Machines Corporation. (Attachments: # 1 Affidavit Declaration of Michael K. Hilyard In Support of IBM's Opening Claim Construction Brief, # 2 Exhibit 1 - U.S. Patent No. 7,631,346, # 3 Exhibit 2 - Final Written Decision, Ebates Performance Marketing, Inc. DBA Rakuten Rewards, et al. v. Intl Bus. Machs. Corp., IPR2022-00646, # 4 Exhibit 3 - U.S. Patent No. 7,702,719, # 5 Exhibit 4 - Merriam-Webster Dictionary, Application, # 6 Exhibit 5 - U.S. Patent No. 7,543,234, # 7 Exhibit 6 - Excerpts of the Prosecution History for U.S. Patent No. 7,543,234).(Malz, Jordan) (Entered: 08/13/2024) (0) |
| Aug 8, 2024 | N/A | LETTERS ROGATORY ISSUED on August 8, 2024, to be served on Ministere de la Justice of France. (tp) (Entered: 08/08/2024) (0) |
| Aug 5, 2024 | 109 | NOTICE OF APPEARANCE by Padmaja Chinta on behalf of Carvana, LLC..(Chinta, Padmaja) (Entered: 08/05/2024) (1) |
| Aug 2, 2024 | 108 | MEMO ENDORSEMENT on re: 107 Status Report filed by International Business Machines Corporation ENDORSEMENT The Court is in receipt of the parties' letter and thanks them for the update. The parties are directed to file another joint status letter no later than August 30, 2024. The letter should detail what progress the parties have made in discovery over the past month as well as what still remains. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 8/1/2024) (jca) (Entered: 08/02/2024) (4) |
| Jul 31, 2024 | 106 | ORDER FOR ADMISSION PRO HAC VICE OF MITCHELLL TURBENSON granting 104 Motion for Mitchell L. Turbenson to Appear Pro Hac Vice. The motion of Mitchell L. Turbenson ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hae Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 7/31/24) (yv) (Entered: 07/31/2024) (2) |
| Jul 31, 2024 | 107 | STATUS REPORT. // Joint Status Report Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 07/31/2024) (4) |
| Jul 30, 2024 | 104 | MOTION for Mitchell L. Turbenson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29676218. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit in Support of Motion for PHV Admission, # 2 Exhibit Arizona Certificate of Good Standing, # 3 Exhibit California Certificate of Good Standing, # 4 Proposed Order for Pro Hac Vice Admission of M. Turbenson).(Turbenson, Mitchell) (Entered: 07/30/2024) (0) |
| Jul 30, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 104 MOTION for Mitchell L. Turbenson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29676218. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) (Entered: 07/30/2024) (0) |
| Jul 30, 2024 | 105 | NOTICE of Joint Claim Terms Chart. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Joint Claim Terms Chart).(Yau, William) (Entered: 07/30/2024) (0) |
| Jul 19, 2024 | 101 | OPINION & ORDER re: 96 LETTER MOTION to Seal Notice of Joint Motion to Order Production of License Agreement and Proposed Order addressed to Magistrate Judge Victoria Reznik from Michael K. Hilyard dated July 17, 2024. filed by International Business Machines Corporation. Consequently, the Clerk of Court is respectfully directed to maintain ECF No. 97 under seal and only viewable to "selected parties." Additionally, the Court has 'So Ordered' two versions of the parties proposed joint order, one without redactions and one with them. The Clerk of Court is respectfully directed to docket the version without redactions under seal and only viewable to "selected parties." The version with redactions should be filed publicly on the docket. Finally, the Clerk of Court is respectfully directed to close out the gavels on ECF Nos. 96, 97, and 98. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/19/2024) (sgz) (Entered: 07/19/2024) (2) |
| Jul 19, 2024 | 102 | ORDER GRANTING PLAINTIFF CARVANA LLC'S AND DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S JOINT MOTION TO ORDER PRODUCTION OF LICENSE AGREEMENT granting 98 Motion to Produce. Accordingly, IT IS HEREBY ORDERED that Plaintiff Carvana, LLC's and Defendant International Business Machine Corporations Joint Motion to produce as "Highly Confidential Attorneys' Eyes Only" under sections 4(a)(ii) and 7 of the Protective Order (D.I. 62) the [Redacted] in response to Carvana's Request For Production No. 60 is GRANTED. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 7/19/2024) (sgz) Modified on 7/19/2024 (sgz). (Entered: 07/19/2024) (1) |
| Jul 19, 2024 | 103 | ***SELECTED PARTIES*** ORDER GRANTING PLAINTIFF CARVANA LLC'S AND DEFENDANT INTERNATIONAL BUSINESS MACHINES CORPORATION'S JOINT MOTION TO ORDER PRODUCTION OF LICENSE AGREEMENT granting 97 Motion to Produce. (Signed by Magistrate Judge Victoria Reznik on 7/19/2024) (sgz) (Entered: 07/19/2024) (0) |
| Jul 18, 2024 | 99 | ORDER FOR ADMISSION PRO HAC VICE OF JEFFREY C. MORGAN granting 95 Motion for Jeffrey C. Morgan to Appear Pro Hac Vice. The motion of Jeffrey C. Morgan ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 7/18/24) (yv) (Entered: 07/18/2024) (1) |
| Jul 18, 2024 | 100 | ORDER FOR ADMISSION PRO HAC VICE OF DOYLE S. TUVESSON granting 94 Motion for Doyle Samuel Tuvesson to Appear Pro Hac Vice. The motion of Doyle S. Tuvesson ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 7/18/24) (yv) (Entered: 07/18/2024) (1) |
| Jul 17, 2024 | 94 | MOTION for Doyle Samuel Tuvesson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29616716. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit in Support of Motion, # 2 Affidavit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Tuvesson, Doyle) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 94 MOTION for Doyle Samuel Tuvesson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29616716. 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 | 95 | MOTION for Jeffrey C. Morgan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29617810. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit in Support of Motion for PHV Admission, # 2 Exhibit Certificate of Good Standing from Georgia State Bar, # 3 Proposed Order for PHV Admission of Jeffrey C. Morgan).(Morgan, Jeffrey) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | 96 | LETTER MOTION to Seal Notice of Joint Motion to Order Production of License Agreement and Proposed Order addressed to Magistrate Judge Victoria Reznik from Michael K. Hilyard dated July 17, 2024. Document filed by International Business Machines Corporation..(Hilyard, Michael) (Entered: 07/17/2024) (1) |
| Jul 17, 2024 | 97 | ***SELECTED PARTIES***JOINT MOTION to Produce License Agreement. Document filed by International Business Machines Corporation, Carvana, LLC. (Attachments: # 1 Proposed Order Granting Plaintiff Carvana, LLC's and Defendant International Business Machines Corporation's Joint Motion to Order Production of License Agreement)Motion or Order to File Under Seal: 96 .(Hilyard, Michael) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | 98 | JOINT MOTION to Produce License Agreement - REDACTED. Document filed by International Business Machines Corporation. (Attachments: # 1 Proposed Order Granting Plaintiff Carvana, LLC's and Defendant International Business Machines Corporation's Joint Motion to Order Production of License Agreement).(Hilyard, Michael) (Entered: 07/17/2024) (0) |
| Jul 17, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 95 MOTION for Jeffrey C. Morgan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29617810. 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 16, 2024 | N/A | Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 7/16/2024. Brian W. LaCorte and Wendy Risa Stein appeared on behalf of Plaintiff. Tamir Packin, Jordan Nathaniel Malz, and Lindsey Miller appeared on behalf of Defendants. The Court will hold a Markman hearing on Wednesday November 20, 2024 at 10:30AM. (jk) Modified on 10/30/2024 (Landers, Rigoberto). (Entered: 07/18/2024) (0) |
| Jul 12, 2024 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 92 MOTION for Ada R. Locke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29594439. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) (Entered: 07/12/2024) (0) |
| Jul 12, 2024 | 93 | ORDER FOR ADMISSION PRO HAC VICE granting 92 Motion for Ada R. Locke to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 7/12/2024) (sgz) (Entered: 07/12/2024) (2) |
| Jul 11, 2024 | 92 | MOTION for Ada R. Locke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29594439. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Business Machines Corporation. (Attachments: # 1 Affidavit In Support of Motion for Admission Pro Hac Vice of Ada Locke, # 2 Exhibit - Supreme Court of California Certificate of Good Standing for Ada R. Locke, # 3 Proposed Order Granting Admission Pro Hac Vice of Ada Locke).(Packin, Tamir) (Entered: 07/11/2024) (0) |
| Jul 10, 2024 | 89 | SUBPOENA ISSUED for Kenneth King, Mark Petersen on August 5, 2024, August 6, 2024 at 9:30 a.m..Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A - Subpoenas to Kenneth King, # 2 Exhibit B - Subpoenas to Mark Petersen).(Stein, Wendy) (Entered: 07/10/2024) (0) |
| Jul 10, 2024 | 90 | NOTICE Subpoena Duces Tecum as to Apple, Inc. on August 13, 2024 Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A - Subpoena to Apple, Inc.).(Stein, Wendy) (Entered: 07/10/2024) (0) |
| Jul 10, 2024 | 91 | REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE (HAGUE LETTER OF REQUEST) granting 88 Motion for Discovery. The undersigned United States Magistrate Judge, Victoria Reznik, respectfully requests that the Ministere de la Justice of France order Orange S.A. ("Orange") to produce documents and testimony for use as evidence at trial in this matter, as more fully explained herein, pursuant to the provision of the Hague Convention on the Taking of Evidence in Civil or Commercial Matters (Hague Evidence Convention). As further set forth in this Order.. (Signed by Magistrate Judge Victoria Reznik on 7/10/2024) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/11/2024) (18) |
| Jul 2, 2024 | 82 | MEMO ENDORSEMENT on re: 81 Letter Agreed-Upon Adjustment To Interim Dates In Claim Construction Schedule filed by International Business Machines Corporation. ENDORSEMENT: So Ordered., ( Motions due by 8/13/2024., Replies due by 10/1/2024., Responses due by 9/13/2024, Surreplies due by 10/18/2024.) (Signed by Judge Kenneth M. Karas on 7/2/24) (yv) (Entered: 07/02/2024) (2) |
| Jul 2, 2024 | 83 | MEMO ENDORSED ORDER granting 79 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. So Ordered. (Attorney Carly Gubernick terminated.) (Signed by Judge Kenneth M. Karas on 7/2/24) (yv) (Entered: 07/02/2024) (1) |
| Jul 2, 2024 | 84 | NOTICE Subpoena Duces Tecum as to Fonda J. Daniels on July 17, 2024 at 9:30 a.m..Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A - Subpoena for Production of Documents, # 2 Exhibit B - Deposition Subpoena).(Stein, Wendy) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 85 | NOTICE Subpoena Duces Tecum as to Heather M. Hinton on July 31, 2024 at 9:30 a.m..Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A - Subpoena for Production of Documents, # 2 Exhibit B - Deposition Subpoena).(Stein, Wendy) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 86 | AFFIDAVIT OF SERVICE of Subpoenas served on Avraham Leff on June 27, 2024. Service was accepted by Avraham Leff. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 07/02/2024) (1) |
| Jul 2, 2024 | 87 | AFFIDAVIT OF SERVICE of Subpoenas served on Katherine Betz on June 26, 2024. Service was accepted by Lloyd Wright, Spouse. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 07/02/2024) (2) |
| Jul 2, 2024 | 88 | LETTER MOTION for Discovery // Motion for Issuance of Request for International Judicial Assistance addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated 07-02-2024. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Stein, Wendy) (Entered: 07/02/2024) (0) |
| Jul 1, 2024 | 79 | MOTION for Carly M. Gubernick to Withdraw as Attorney For Carvana, LLC. Document filed by Carvana, LLC..(Gubernick, Carly) (Entered: 07/01/2024) (1) |
| Jul 1, 2024 | 80 | MEMO ENDORSEMENT on re: 78 Status Report filed by Carvana, LLC ENDORSEMENT: The Court thanks the parties for their update and is directing them to file another joint status letter by July 31, 2024, detailing the progress they have made in discovery over that time as well as what still remains. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 7/1/2024) (ks) (Entered: 07/01/2024) (4) |
| Jul 1, 2024 | 81 | JOINT LETTER addressed to Judge Kenneth M. Karas from Jordan N. Malz dated July 1, 2024 re: Agreed-Upon Adjustment To Interim Dates In Claim Construction Schedule. Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 07/01/2024) (2) |
| Jun 28, 2024 | 78 | STATUS REPORT. // Joint Status Report Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 06/28/2024) (4) |
| Jun 21, 2024 | 75 | NOTICE TO TAKE DEPOSITION of Katherine Betz on 07/08/2024 at 9:30 am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 76 | NOTICE TO TAKE DEPOSITION of Avraham Leff on 07/09/2024 at 9:30 am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 77 | NOTICE TO TAKE DEPOSITION of Venkat Raghavan on 07/19/2024 at 9:30 am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 06/21/2024) (0) |
| Jun 5, 2024 | 74 | MEMO ENDORSEMENT on re: 73 Status Report filed by International Business Machines Corporation ENDORSEMENT: The Court thanks the parties for their joint status letter. The parties are directed to submit another joint letter by no later than June 28, 2024. The parties' letter should detail the progress of discovery over the prior month and the anticipated next steps over the upcoming month. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 6/5/2024) (ks) (Entered: 06/05/2024) (4) |
| May 31, 2024 | 73 | STATUS REPORT. // Joint Status Report Document filed by International Business Machines Corporation..(Malz, Jordan) (Entered: 05/31/2024) (4) |
| May 2, 2024 | 72 | NOTICE OF APPEARANCE by Asim Zaidi on behalf of International Business Machines Corporation..(Zaidi, Asim) (Entered: 05/02/2024) (1) |
| May 1, 2024 | 70 | MEMO ENDORSEMENT on re: 69 Status Report filed by Carvana, LLC ENDORSEMENT: The Court thanks the parties for this update. The parties shall submit another joint status letter by 5/31/24. In the event of a discovery dispute requiring judicial intervention, the parties are reminded to follow Judge Reznik's Individual Practices. SO ORDERED (Signed by Magistrate Judge Victoria Reznik on 5/1/2024) (ks) (Entered: 05/01/2024) (4) |
| May 1, 2024 | 71 | ANSWER to 68 Counterclaim. Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 05/01/2024) (7) |
| Apr 30, 2024 | 69 | STATUS REPORT. // Joint Status Report Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 04/30/2024) (4) |
| Apr 17, 2024 | 68 | ANSWER to 63 Counterclaim., COUNTERCLAIM against International Business Machines Corporation. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 04/17/2024) (26) |
| Apr 15, 2024 | 66 | LETTER addressed to Judge Kenneth M. Karas from Jordan N. Malz dated April 15, 2024 re: Response to Plaintiff Carvana, LLC's Letter regarding Case Management and Schedule Dkt. 65. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 - Email from Wendy Stein to Lindsey Miller regarding Case Schedule dated April 10, 2024, # 2 Exhibit 2 - Email from Jordan Malz to Wendy Stein regarding Case Schedule dated April 11, 2024, # 3 Exhibit 3 - Email from Wendy Stein to Jordan Malz regarding Case Schedule dated April 11, 2024, # 4 Exhibit 4 - Email from Jordan Malz to Wendy Stein regarding Case Schedule dated April 12, 2024).(Malz, Jordan) (Entered: 04/15/2024) (0) |
| Apr 15, 2024 | 67 | MEMO ENDORSEMENT on re: 65 Letter Case Management and Schedule filed by Carvana, LLC. ENDORSEMENT : The Court has modified the proposed discovery extension, after considering this and IBM's letters. No more extensions will be granted under any circumstances. So Ordered., ( Deposition due by 8/28/2024., Fact Discovery due by 8/28/2024., Motions due by 8/3/2024., Replies due by 9/27/2024., Responses due by 9/6/2024, Surreplies due by 10/18/2024.) (Signed by Judge Kenneth M. Karas on 4/15/24) (yv) (Entered: 04/15/2024) (3) |
| Apr 12, 2024 | 65 | LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated April 12, 2024 re: Case Management and Schedule. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 04/12/2024) (3) |
| Apr 4, 2024 | 64 | NOTICE OF APPEARANCE by Jordan Nathaniel Malz on behalf of International Business Machines Corporation..(Malz, Jordan) (Entered: 04/04/2024) (1) |
| Apr 3, 2024 | 63 | AMENDED ANSWER to 1 Complaint, with JURY DEMAND., COUNTERCLAIM against Carvana, LLC. Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 04/03/2024) (30) |
| Apr 2, 2024 | N/A | ORDER The parties shall file a joint status letter by 4/30/24 updating Judge Reznik on the status of discovery and settlement. (HEREBY ORDERED by Magistrate Judge Victoria Reznik) (Text Only Order) (MC) (Entered: 04/02/2024) (0) |
| Apr 2, 2024 | 61 | ORDER GRANTING DEFENDANT IBM'S UNOPPOSED MOTION FOR LEAVE TO AMEND ITS ANSWER AND COUNTERCLAIMS FOR PATENT INFRINGEMENT granting 56 Motion for Leave to File Document. Having considered Defendant International Business Machine Corporation's Unopposed Motion for Leave to Amend Answer and Counterclaim for Patent Infringement that the Motion should be GRANTED. Accordingly, IT IS HEREBY ORDERED that Defendant International Business Machine Corporation's Unopposed Motion for Leave to Amend Answer and Counterclaim for Patent Infringement is GRANTED. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 4/2/2024) (ks) (Entered: 04/02/2024) (1) |
| Apr 2, 2024 | 62 | CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 4/2/2024) (ks) (Entered: 04/02/2024) (44) |
| Apr 1, 2024 | 58 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Conference proceeding held on 3/20/2024 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....(Dente, Tabitha) (Entered: 04/01/2024) (1) |
| Apr 1, 2024 | 59 | TRANSCRIPT of Proceedings re: Discovery Conference held on 3/20/2024 before Magistrate Judge Victoria Reznik. Court Reporter/Transcriber: Tabitha Dente, (914) 390-4027. 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 4/22/2024. Redacted Transcript Deadline set for 5/2/2024. Release of Transcript Restriction set for 7/1/2024..(Dente, Tabitha) (Entered: 04/01/2024) (26) |
| Apr 1, 2024 | 60 | PROPOSED PROTECTIVE ORDER. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 - Proposed Protective Order).(Yau, William) (Entered: 04/01/2024) (0) |
| Mar 28, 2024 | 56 | MOTION for Leave to File Defendant IBM's First Amended Answer to Plaintiff Carvana, LLC's Complaint for Declaratory Judgment of Non-Infringement and Counterclaims . Document filed by International Business Machines Corporation. (Attachments: # 1 Proposed Order Granting Defendant IBM's Unopposed Motion for Leave to Amend its Answer and Counterclaims for Patent Infringement, # 2 Exhibit Defendant IBM's First Amended Answer to Plaintiff Carvana, LLC's Complaint for Declaratory Judgment of Non-Infringement and Counterclaims).(Packin, Tamir) (Entered: 03/28/2024) (0) |
| Mar 28, 2024 | 57 | MEMORANDUM OF LAW in Support re: 56 MOTION for Leave to File Defendant IBM's First Amended Answer to Plaintiff Carvana, LLC's Complaint for Declaratory Judgment of Non-Infringement and Counterclaims . . Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 03/28/2024) (6) |
| Mar 26, 2024 | 55 | JOINT STIPULATION OF DISMISSAL AS TO U.S PATENT 7,072.849: It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Defendant and Plaintiff jointly request and stipulate to, pursuant to Fed. R. Civ. P. 4l(a)(l)(ii), dismissal with prejudice of all claims and counterclaims related to the ' 849 Patent (i.e., Count I of Plaintiffs Declaratory Judgment Complaint for a finding of non-infringement of the '849 Patent, Count 1 of Defendant's Counterclaim for a finding of infringement of the '849 Patent, and Count I of Plaintiff's Reply Counterclaim for a finding of invalidity of the '849 Patent). For the sake of clarity, this Stipulation of Dismissal is limited to the claims applicable to the '849 Patent and does not apply to claims applicable to the other asserted patents in this case. The Parties further stipulate that the res judicata effect of Defendant's dismissal of its claims concerning the '849 Patent shall extend to all prior, current or future users of the accused Carvana technology/ecommerce platform. Plaintiff and Defendant shall bear their own costs, expenses, and attorney's fees with respect to the dismissed claims concerning the '849 Patent. So Ordered. (Signed by Judge Kenneth M. Karas on 3/25/24) (yv) (Entered: 03/26/2024) (3) |
| Mar 25, 2024 | N/A | ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 54 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Kenneth M. Karas for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) (Entered: 03/25/2024) (0) |
| Mar 22, 2024 | 54 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) International Business Machines Corporation and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by International Business Machines Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Packin, Tamir) (Entered: 03/22/2024) (3) |
| Mar 21, 2024 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Lindsey Miller. RE-FILE Document No. 53 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): (1) the wrong party/parties whom the voluntary dismissal is against was/were selected; (2) the stipulation of voluntary dismissal was not signed by all parties who have appeared. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned ink signature image) PDF. (tp) (Entered: 03/21/2024) (0) |
| Mar 20, 2024 | 53 | FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST PARTY ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Carvana, LLC and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by International Business Machines Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Miller, Lindsey) Modified on 3/21/2024 (tp). (Entered: 03/20/2024) (3) |
| Mar 20, 2024 | N/A | Minute Entry for proceedings held before Magistrate Judge Victoria Reznik:Telephonic Status Conference held on 3/20/24 at 3:15 pm and recorded by AT&T Connect. The parties informed the court that they resolved two of the three disputed issues on their previously submitted protective order. With respect to the third issue - the location of source code review - the Court ruled that the source code will be housed in the Phoenix, AZ office of Carvana's outside counsel and the review will take place in that location as well. However, the parties will negotiate at least one review session to occur in New York City. The New York City review session can last multiple days. The parties shall submit an updated proposed protective order for the Courts review. (MC) (Entered: 03/20/2024) (0) |
| Mar 14, 2024 | 52 | RESCHEDULING ORDER: The telephone conference scheduled for March 14, 2024 at 2:30 pm before the Hon. Victoria Reznik, U.S.M.J., is rescheduled to March 20, 2024 at 3:00 pm. Dial in information: ATT Conference line 1- 877-336-1839, enter access code 5999739 and press # to enter the conference. NOTIFY ALL OTHER PARTIES OF THIS SCHEDULE IMMEDIATELY! SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 3/14/2024) Telephone Conference set for 3/20/2024 at 03:00 PM before Magistrate Judge Victoria Reznik. (ks) (Entered: 03/14/2024) (1) |
| Mar 11, 2024 | N/A | ORDER The Court is scheduling a telephonic conference for Thursday, March 14, 2024, at 2:30 pm, to address the parties' proposed protective order. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739 and press # to enter the conference. (HEREBY ORDERED by Magistrate Judge Victoria Reznik) (Text Only Order) (MC) (Entered: 03/11/2024) (0) |
| Mar 1, 2024 | 51 | NOTICE TO TAKE DEPOSITION of Venkat Raghavan on 03/28/2024 at 9:30 am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 03/01/2024) (0) |
| Feb 22, 2024 | 50 | JOINT LETTER addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated February 22, 2024 re: Further Joint Letter Concerning Proposed Protective Order. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit Proposed Protective Order with Exhibits).(Stein, Wendy) (Entered: 02/22/2024) (0) |
| Feb 21, 2024 | 48 | JOINT LETTER addressed to Magistrate Judge Victoria Reznik from Wendy R. Stein dated February 21, 2024 re: Proposed Protective Order and Related Disputes. Document filed by Carvana, LLC. (Attachments: # 1 Exhibit Proposed Protective Order).(Stein, Wendy) (Entered: 02/21/2024) (0) |
| Feb 21, 2024 | 49 | NOTICE TO TAKE DEPOSITION of Paul Franklin McMahan on March 18, 2024 at 9:30 am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 02/21/2024) (0) |
| Feb 16, 2024 | 46 | NOTICE TO TAKE DEPOSITION of Mel Bellar on March 5, 2024 at 9:30am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 02/16/2024) (0) |
| Feb 16, 2024 | 47 | NOTICE TO TAKE DEPOSITION of Kenneth H. Appleman on March 7, 2024 at 9:30am.Document filed by Carvana, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Stein, Wendy) (Entered: 02/16/2024) (0) |
| Feb 6, 2024 | N/A | Minute Entry for proceedings held before Magistrate Judge Victoria Reznik: Telephonic Status Conference held on 2/6/24 at 10:30 am and recorded by AT&T Connect. By 3/29/24, the parties are to submit a joint status letter that includes an update on the status of discovery. (Entered: 02/06/2024) (0) |
| Jan 30, 2024 | 45 | NOTICE OF APPEARANCE by Lindsey Miller on behalf of International Business Machines Corporation..(Miller, Lindsey) (Entered: 01/30/2024) (1) |
| Jan 16, 2024 | 44 | ANSWER to 43 Counterclaim. Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 01/16/2024) (6) |
| Dec 26, 2023 | 43 | ANSWER to 36 Counterclaim., COUNTERCLAIM against International Business Machines Corporation. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 12/26/2023) (25) |
| Dec 13, 2023 | 41 | DISCOVERY ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. §636(b)(1)(A). All pre-trial applications submitted to the undersigned must comply with this Court's Individual Practices. All discovery (including requests for admission and any applications to the Court regarding the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 12/13/2023) (ks) (Entered: 12/13/2023) (2) |
| Dec 13, 2023 | 42 | ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for February 6, 2024 at 10:30 am. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the conference. At the Status Conference, the parties should be prepared to discuss the following: (1) a brief summary of claims, defenses, and relevant issues; (2) the basis of subject matter jurisdiction; (3) the subjects on which discovery may be needed; (4) any anticipated discovery disputes or sought-after limitations on discovery; (5) any plans for electronic discovery and ESI protocols; (6) any plans for confidentiality orders and orders relating to Fed. R. Evid. 502(d); (7) any anticipated motions; and (8) the prospects and timing for early settlement or resolution. SO ORDERED. ( Telephone Conference set for 2/6/2024 at 10:30 AM before Magistrate Judge Victoria Reznik.) (Signed by Magistrate Judge Victoria Reznik on 12/13/2023) (tg) (Entered: 12/13/2023) (1) |
| Dec 12, 2023 | 39 | CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. Motions due by 5/3/2024. Responses due by 6/4/2024 Replies due by 6/18/2024. Deposition due by 6/28/2024. Fact Discovery due by 6/28/2024. Parties have conferred and Carvana's present best estimate of the length of trial is 7 days. IBM's present best estimate of the length of trial is 5 days. Case Management Conference set for 7/16/2024 at 12:00 PM before Judge Kenneth M. Karas. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/12/23) (yv) (Entered: 12/12/2023) (4) |
| Dec 12, 2023 | 40 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Victoria Reznik. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/12/23) (yv) (Entered: 12/12/2023) (1) |
| Dec 11, 2023 | 38 | PROPOSED CASE MANAGEMENT PLAN. Document filed by Carvana, LLC. (Attachments: # 1 Proposed Order Proposed Case Management and Scheduling Order).(Stein, Wendy) (Entered: 12/11/2023) (0) |
| Dec 5, 2023 | 37 | CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Tuesday, December 12, 2023 at 11:15 a.m. Counsel shall submit a proposed case management and discovery schedule via ECF by 5:00 p.m. on the evening before the initial conference. NOTICE OF TELECONFERENCE INFORMATION: The Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. (Initial Conference set for 12/12/2023 at 11:15 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/5/23) (yv) (Entered: 12/05/2023) (1) |
| Dec 4, 2023 | 36 | ANSWER to 1 Complaint, with JURY DEMAND., COUNTERCLAIM against Carvana, LLC. Document filed by International Business Machines Corporation. (Attachments: # 1 Exhibit 1 U.S. Patent 7,072,849, # 2 Exhibit 2 U.S. Patent 7,543,234, # 3 Exhibit 3 U.S. Patent 7,631,346).(Packin, Tamir) (Entered: 12/04/2023) (0) |
| Dec 1, 2023 | 35 | MEMO ENDORSED ORDER granting 34 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Enjoy the clerkship. So Ordered. ( Attorney Chittam Udayan Thakore terminated.) (Signed by Judge Kenneth M. Karas on 12/1/23) (yv) (Entered: 12/01/2023) (1) |
| Nov 30, 2023 | 31 | NOTICE OF APPEARANCE by Michael Hilyard on behalf of International Business Machines Corporation..(Hilyard, Michael) (Entered: 11/30/2023) (1) |
| Nov 30, 2023 | 32 | NOTICE OF APPEARANCE by William N. Yau on behalf of International Business Machines Corporation..(Yau, William) (Entered: 11/30/2023) (1) |
| Nov 30, 2023 | 33 | NOTICE OF APPEARANCE by Karim Zeddam Oussayef on behalf of International Business Machines Corporation..(Oussayef, Karim) (Entered: 11/30/2023) (1) |
| Nov 30, 2023 | 34 | MOTION for Chittam U. Thakore to Withdraw as Attorney . Document filed by Carvana, LLC..(Thakore, Chittam) (Entered: 11/30/2023) (1) |
| Oct 11, 2023 | 30 | ORDER FOR ADMISSION PRO HAC VICE OF MARC S. SEGAL granting 29 MOTION for Marc S. Segal to Appear Pro Hac Vice. The motion of Marc S. Segal ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Kenneth M. Karas on 10/11/2023) (jca) (Entered: 10/11/2023) (1) |
| Oct 10, 2023 | 29 | MOTION for Marc S. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28401870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit of Marc Segal, # 2 Exhibit - Pennsylvania Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Segal, Marc) (Entered: 10/10/2023) (0) |
| Oct 10, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Marc S. Segal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28401870. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 10/10/2023) (0) |
| Oct 9, 2023 | 28 | ORDER FOR ADMISSION PRO HAC VICE OF ANDREW HENSLEY granting 14 Motion for Andrew Hensley to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/6/2023) (rro) (Entered: 10/10/2023) (2) |
| Oct 6, 2023 | 26 | ORDER FOR ADMISSION PRO HAC VICE OF CHITTAM U. THAKORE: granting 24 Motion for Chittam U. Thakore to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/06/2023) (ama) (Entered: 10/06/2023) (1) |
| Oct 6, 2023 | 27 | ORDER FOR ADMISSION PRO HAC VICE OF CARLY M. GUBERNICK: granting 25 Motion for Carly M. Gubernick to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 10/06/2023) (ama) (Entered: 10/06/2023) (1) |
| Oct 5, 2023 | 23 | WAIVER OF SERVICE RETURNED EXECUTED. International Business Machines Corporation waiver sent on 10/3/2023, answer due 12/4/2023. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 10/05/2023) (1) |
| Oct 5, 2023 | 24 | MOTION for Chittam U. Thakore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit of Chittam Thakore, # 2 Exhibit - Georgia Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Thakore, Chittam) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | 25 | MOTION for Carly M. Gubernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit of Carly M. Gubernick, # 2 Exhibit - Pennsylvania Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Gubernick, Carly) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 24 MOTION for Chittam U. Thakore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387065. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Carly M. Gubernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387186. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 10/05/2023) (0) |
| Oct 5, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 MOTION for Carly M. Gubernick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28387186. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 10/05/2023) (0) |
| Oct 4, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Jonathon A. Talcott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28376939. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 10/04/2023) (0) |
| Oct 4, 2023 | 19 | LETTER addressed to Judge Kenneth M. Karas from Wendy R. Stein dated October 4, 2023 re: Defendant's Consent to Motion Filed at ECF No. 11. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 10/04/2023) (1) |
| Oct 4, 2023 | 20 | ORDER FOR ADMISSION PRO HAC VICE OF JONATHON A. TALCOTT granting 18 Motion to Appear Pro Hac Vice. The motion of Jonathon A. Talcott ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Kenneth M. Karas on 10/4/2023) (tg) (Entered: 10/04/2023) (2) |
| Oct 4, 2023 | 21 | ORDER FOR ADMISSION PRO HAC VICE OF BRIAN W. LACORTE granting 13 Motion for Brian W. LaCorte to Appear Pro Hac Vice. The motion of Brian W. LaCorte ("Applicant") for admission to practice Pro Hac Vice in the above-captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Kenneth M. Karas on 10/4/23) (yv) Modified on 10/4/2023 (yv). (Entered: 10/04/2023) (2) |
| Oct 4, 2023 | 22 | MEMO ENDORSEMENT on re: 19 Letter Defendant's Consent to Motion Filed at ECF No. 11 filed by Carvana, LLC. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 10/4/23) (yv) (Entered: 10/04/2023) (1) |
| Oct 3, 2023 | N/A | ***DELETED NOTICE. Deleted NOTICE REGARDING PRO HAC VICE MOTION. The notice was incorrectly filed in this case. (va) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | N/A | Pro Hac Vice Fee Due: for 14 MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. (va) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | N/A | Pro Hac Vice Fee Payment: for 14 MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-28372539..(Hensley, Andrew) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | 15 | NOTICE OF APPEARANCE by Tamir Packin on behalf of International Business Machines Corporation..(Packin, Tamir) (Entered: 10/03/2023) (1) |
| Oct 3, 2023 | 16 | OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 10/03/2023) (3) |
| Oct 3, 2023 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Wendy Risa Stein re: Document No. 12 Complaint,. The filing is deficient for the following reason(s): Court's leave has not been granted.. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | N/A | NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Sidney H. Stein is no longer assigned to the case. (laq) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | N/A | Magistrate Judge Victoria Reznik is so redesignated. (laq) (Entered: 10/03/2023) (0) |
| Oct 3, 2023 | 17 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Business Machines Corporation..(Packin, Tamir) (Entered: 10/03/2023) (2) |
| Oct 3, 2023 | 18 | MOTION for Jonathon A. Talcott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28376939. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit of Jonathon A. Talcott, # 2 Exhibit Exhibit - Arizona Good Standing, # 3 Proposed Order Proposed Order).(Talcott, Jonathon) (Entered: 10/03/2023) (0) |
| Oct 2, 2023 | N/A | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 7 MOTION for Andrew Hensley to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the motion was not signed sufficiently - INK SIGNATURE REQUIRED. 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. (va) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 8 MOTION for Brian W. LaCorte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): the motion was not signed sufficiently - INK SIGNATURE REQUIRED. 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. (va) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Wendy Risa Stein. The following case opening statistical information was erroneously selected/entered: Other Court Name USDC Souther District of New York,; Other Court Number 1:21-cv-1319 (JSR); Cause of Action code 28:1331dj Fed. Question: Declaratory Judgment; County code Albany;. The following correction(s) have been made to your case entry: the Other Court Name has been modified to Removed; the Other Court Number has been modified to Removed; the Cause of Action code has been modified to 28:2201dj Declaratory Judgment; the County code has been modified to XX Out of State. (vf) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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..(vf) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | Magistrate Judge Stewart D. Aaron is so designated. 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. (vf) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | Case Designated ECF. (vf) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 9 | ELECTRONIC SUMMONS ISSUED as to International Business Machines Corporation. (vf) (Entered: 10/02/2023) (2) |
| Oct 2, 2023 | N/A | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Wendy Risa Stein re: Document No. 6 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 10 | 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)..(vf) (Entered: 10/02/2023) (1) |
| Oct 2, 2023 | 11 | LETTER MOTION to Seal ECF No. 1 addressed to Judge Sidney H. Stein from Wendy Stein dated 10/03/2023. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 10/02/2023) (2) |
| Oct 2, 2023 | 12 | FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE -COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28366363)Document filed by Carvana, LLC..(Stein, Wendy) Modified on 10/3/2023 (pc). (Entered: 10/02/2023) (18) |
| Oct 2, 2023 | 13 | MOTION for Brian W. LaCorte to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit of Brian W. LaCorte, # 2 Exhibit Exhibit - Arizona Good Standing, # 3 Proposed Order Proposed Order).(LaCorte, Brian) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | N/A | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for Brian W. LaCorte to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 14 | MOTION for Andrew Hensley to Appear Pro Hac Vice , Filing fee $200.00 paid, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit of Andrew Hensley, # 2 Exhibit Exhibit - Arizona Good Standing, # 3 Proposed Order Proposed Order).(Hensley, Andrew) Modified on 10/3/2023 (va). Modified on 10/4/2023 (va). (Entered: 10/02/2023) (0) |
| Sep 29, 2023 | 1 | COMPLAINT against International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-28361662)Document filed by Carvana, LLC. (Attachments: # 1 Exhibit Exhibit A - 849 Patent, # 2 Exhibit Exhibit B - 234 Patent, # 3 Exhibit Exhibit C - 346 Patent, # 4 Exhibit Exhibit D - August 21, 2023).(Stein, Wendy) (Entered: 09/29/2023) (0) |
| Sep 29, 2023 | 2 | CIVIL COVER SHEET filed..(Stein, Wendy) (Entered: 09/29/2023) (2) |
| Sep 29, 2023 | 3 | RELATED CASE AFFIRMATION of Wendy Stein re: that this action be filed as related to 21-cv-1319 (JSR). Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 09/29/2023) (2) |
| Sep 29, 2023 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Carvana Co., Other Affiliate Carvana Operations HC, LLC for Carvana, LLC. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 09/29/2023) (2) |
| Sep 29, 2023 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, re: 1 Complaint,. Document filed by Carvana, LLC..(Stein, Wendy) (Entered: 09/29/2023) (2) |
| Sep 29, 2023 | 6 | AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Stein, Wendy) (Entered: 09/29/2023) (1) |
| Sep 29, 2023 | 7 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361932. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit in Support, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Stein, Wendy) Modified on 10/2/2023 (va). (Entered: 09/29/2023) (0) |
| Sep 29, 2023 | 8 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian W. LaCorte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28361962. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carvana, LLC. (Attachments: # 1 Affidavit Affidavit in Support, # 2 Supplement Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Stein, Wendy) Modified on 10/2/2023 (va). (Entered: 09/29/2023) (0) |
