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Case number 2019-2117

Ciena Corporation v. Oyster Optics, LLC > Documents

Date Field Doc. No.Description (Pages)
Apr 23, 2021 0 CIENA CORPORATION v. OYSTER OPTICS, LLC [ORDER] [precedential] (0)
Apr 23, 2021 0 CIENA CORPORATION v. OYSTER OPTICS, LLC [RULE 36 JUDGMENT] [nonprecedential] (0)
Sep 25, 2020 75 Mandate issued to the United States Patent and Trademark Office. Service as of this date by the Clerk of Court. [724434] [JAB] [Entered: 09/25/2020 10:31 AM] (0)
Aug 4, 2020 74 JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s). Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. [712255] [JAB] [Entered: 08/04/2020 10:13 AM] (0)
Aug 3, 2020 73 Submitted after ORAL ARGUMENT by Igor Victor Timofeyev for Ciena Corporation and Wayne Michael Helge for Oyster Optics, LLC. Panel: Judge: Wallach , Judge: Chen , Judge: Stoll. [711874] [JAB] [Entered: 08/03/2020 12:25 PM] (0)
Jul 21, 2020 72 Clerk's letter to Appellant Ciena Corporation and Appellee Oyster Optics, LLC regarding Telephonic Argument Orientation. Service as of this date by the Clerk of Court. [708985]--[Edited 07/21/2020 by PBC to upload correct letter] [JAB] [Entered: 07/21/2020 02:54 PM] (0)
Jul 14, 2020 70 ORDER filed granting motion leave to file sur-reply brief [54] filed by Appellee Oyster Optics, LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [707484] [JAB] [Entered: 07/14/2020 04:00 PM] (0)
Jul 14, 2020 71 SUR-REPLY BRIEF FILED for Appellee Oyster Optics, LLC. Number of Pages: 5. Service: 05/20/2020 by email. [707487] [JAB] [Entered: 07/14/2020 04:05 PM] (0)
Jul 13, 2020 68 Response to notice of oral argument from the Appellee Oyster Optics, LLC. Service: 07/13/2020 by email. [706943] [19-2117] [Wayne Helge] [Entered: 07/13/2020 10:18 AM] (0)
Jul 13, 2020 69 Response to notice of oral argument from the Appellant Ciena Corporation. Service: 07/13/2020 by email. [707159] [19-2117] [Igor Timofeyev] [Entered: 07/13/2020 05:06 PM] (0)
Jun 22, 2020 66 6 paper copies of the Corrected Opening Response Brief [44] received from Appellee Oyster Optics, LLC. [702781] [CJF] [Entered: 06/22/2020 02:08 PM] (0)
Jun 22, 2020 67 6 paper copies of the proposed Sur-Reply Brief [54] received from Appellee Oyster Optics, LLC. [702784] [CJF] [Entered: 06/22/2020 02:13 PM] (0)
Jun 22, 2020 65 NOTICE OF TELEPHONIC ORAL ARGUMENT. Panel: 2008B. Case scheduled August 3, 2020. Response to Notice of Oral Argument due: 07/15/2020. The Clerk's Office will provide additional instructions to counsel at least one week ahead of argument. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [702742] [JAB] [Entered: 06/22/2020 01:14 PM] (1)
Jun 17, 2020 64 6 paper copies of the Joint Appendix [50] received from Appellant Ciena Corporation and Appellee Oyster Optics, LLC. [702277] [CJF] [Entered: 06/18/2020 04:11 PM] (0)
Jun 17, 2020 63 6 paper copies of the Reply Brief [49] received from Appellant Ciena Corporation. [702276] [CJF] [Entered: 06/18/2020 04:10 PM] (0)
Jun 17, 2020 62 6 paper copies of the Corrected Opening Brief [36] received from Appellant Ciena Corporation. [702275] [CJF] [Entered: 06/18/2020 04:09 PM] (0)
Jun 12, 2020 61 Notice to counsel: The Clerk's Office directs that outstanding paper copies of all briefs and appendices in this case must be submitted on or before June 19, 2020. See Administrative Order No. 20-01 (Mar. 20, 2020). [700760] [JAL] [Entered: 06/12/2020 12:37 PM] (0)
Jun 12, 2020 60 ORDER filed deferring motion [54] to the merits panel assigned to this appeal. A copy of this order and the motion papers shall be transmitted to the assigned merits panel. Service as of this date by the Clerk of Court. [700750] [NL] [Entered: 06/12/2020 12:16 PM] (2)
Jun 10, 2020 59 Note to File: The following cases shall be considered companion cases and assigned to the same merits panel: 19-1820, 19-1919, and 19-2117. [700220] [19-1820, 19-1919, 19-2117] [JAL] [Entered: 06/10/2020 08:45 AM] (0)
Jun 1, 2020 58 RESPONSE of Appellant Ciena Corporation to the motion [54] filed by Appellee Oyster Optics, LLC. Service: 06/01/2020 by email. [698414] [19-2117] [Joseph Palys] [Entered: 06/01/2020 07:16 PM] (11)
May 26, 2020 57 Notice from Appellant Ciena Corporation regarding conflicts with oral argument. Service: 05/26/2020 by email. [697001] [19-2117] [Igor Timofeyev] [Entered: 05/26/2020 05:55 PM] (2)
May 26, 2020 56 Notice from Appellee Oyster Optics, LLC regarding conflicts with oral argument. Service: 05/26/2020 by email. [696959] [19-2117] [Wayne Helge] [Entered: 05/26/2020 04:28 PM] (2)
May 22, 2020 55 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellant Ciena Corporation. Service: 05/22/2020 by email. [696564] [19-2117] [Igor Timofeyev] [Entered: 05/22/2020 01:05 PM] (3)
May 20, 2020 54 MOTION of Appellee Oyster Optics, LLC leave to file a supplemental brief [Consent: opposed]. Service: 05/20/2020 by email. [695961] [19-2117] [Wayne Helge] [Entered: 05/20/2020 03:12 PM] (20)
May 20, 2020 53 Certificate of Compliance with Fed. Cir. R. 17 (Agency) for Appellee Oyster Optics, LLC. Service: 05/20/2020 by email. [695955] [19-2117] [Wayne Helge] [Entered: 05/20/2020 02:53 PM] (3)
May 18, 2020 52 Notice to Advise of Scheduling Conflicts. Arguing counsel must advise of, and show good cause for, any scheduling conflicts during the upcoming court session months listed in the attached notice. The Response to Notice to Advise of Scheduling Conflicts can be found here. The Oral Argument Guide can be found here. [695306] [JAL] [Entered: 05/18/2020 12:47 PM] (1)
May 18, 2020 51 Notice to counsel: The record of this case indicates that the Certificate of Compliance with Fed. Cir. R. 17(f) has not been filed. IF any portion of the record in the agency is subject to a protective order, counsel should promptly file the appropriate Certificate of Compliance using the Cert of Compliance - Protective Order event. Service as of this date by the Clerk of Court. [695301] [JAL] [Entered: 05/18/2020 12:42 PM] (0)
May 15, 2020 50 MODIFIED ENTRY: JOINT APPENDIX FILED for Appellant Ciena Corporation and Appellee Oyster Optics, LLC. Number of Pages: 372. Service: 05/15/2020 by email. [695084] --[Edited 05/18/2020 by JAL - Compliance review complete] [Igor Timofeyev] [Entered: 05/15/2020 05:16 PM] (372)
May 8, 2020 49 MODIFIED ENTRY: REPLY BRIEF FILED for Appellant Ciena Corporation. Number of Pages: 26. Service: 05/08/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [693348] --[Edited 05/11/2020 by JAL - Compliance review complete] [Joseph Palys] [Entered: 05/08/2020 08:24 PM] (33)
May 5, 2020 48 PRECEDENTIAL ORDER. The court's January 28, 2020 order [31] is reissued as precedential. By: Motions Panel. Service as of this date by the Clerk of Court. [692201] [JAB] [Entered: 05/05/2020 10:01 AM] (8)
May 5, 2020 47 ORDER filed granting motion to reissue as precedential [41] filed by Intervenor Andrei Iancu. By: Motions Panel (Per Curiam). Service as of this date by the Clerk of Court. [692198] [JAB] [Entered: 05/05/2020 09:45 AM] (2)
Apr 30, 2020 46 **TEXT ONLY** ORDER granting motion to extend time to file brief [45] filed by Appellant Ciena Corporation. The reply brief is due 05/08/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [691197] [JAL] [Entered: 04/30/2020 11:18 AM] (0)
Apr 16, 2020 45 MOTION of Appellant Ciena Corporation to extend the time to 05/08/2020 to file the Reply Brief. [Consent: unopposed]. Service: 04/16/2020 by email. [687535] [19-2117] [Joseph Palys] [Entered: 04/16/2020 01:06 PM] (7)
Apr 6, 2020 44 MODIFIED ENTRY: CORRECTED RESPONSE BRIEF FILED for Appellee Oyster Optics, LLC. Number of Pages: 68. Service: 04/06/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the originl version of this brief. See Fed. Cir. R. 31. [684271] --[Edited 04/06/2020 by JAL - Compliance review complete] [Wayne Helge] [Entered: 04/06/2020 10:13 AM] (81)
Apr 6, 2020 43 NOTICE OF NON-COMPLIANCE: The submission of Appellee Oyster Optics, LLC, Response Brief [42], is not in compliance with the rules of this court (see attached). Compliant document is due on 04/13/2020. Service as of this date by the Clerk of Court. [684260]--[Edited 04/06/2020 by JAL to amend filing date] [JAL] [Entered: 04/06/2020 09:58 AM] (1)
Apr 3, 2020 42 FILED from Appellee Oyster Optics, LLC. Title: RESPONSE BRIEF. Service: 04/03/2020 by email. [684120] [19-2117] This document is non-compliant. See Doc No.[43] [Wayne Helge] [Entered: 04/03/2020 04:17 PM] (81)
Mar 30, 2020 41 MOTION of Intervenor Iancu to reissue as precedential the court order to lift stay [31], court order to set briefing schedule [31], court order [31] [Consent: not addressed]. Service: 03/30/2020 by email. [682794] [19-2117] [Molly Silfen] [Entered: 03/30/2020 03:41 PM] (5)
Mar 25, 2020 40 Letter from Intervenor Iancu of non-participation but to remain a party. Service: 03/25/2020 by email. [681669] [19-2117] [Molly Silfen] [Entered: 03/25/2020 01:15 PM] (3)
Mar 23, 2020 39 Corrected Certificate of Interest for Appellant Ciena Corporation. Service: 03/23/2020 by email. [681107] [19-2117] [Joseph Palys] [Entered: 03/23/2020 04:44 PM] (3)
Mar 16, 2020 38 NOTICE OF NON-COMPLIANCE: The submission of Appellant Ciena Corporation, Amended Certificate of Interest [35], is not in compliance with the rules of this court (see attached). Compliant document is due on 03/23/2020. Service as of this date by the Clerk of Court. [678940] [LMN] [Entered: 03/16/2020 10:02 AM] (2)
Mar 13, 2020 35 Amended Certificate of Interest for Appellant Ciena Corporation. Service: 03/13/2020 by email. [678795] [19-2117] This document is non-compliant. See Doc No. [678931-1] This document is non-compliant. See Doc No.[38] [Joseph Palys] [Entered: 03/13/2020 06:20 PM] (3)
Mar 13, 2020 36 MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED for Appellant Ciena Corporation. Number of Pages: 46. Service: 03/13/2020 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of the original version of this brief [33]. See Fed. Cir. R. 31. [678797] --[Edited 03/16/2020 by JAL - Compliance review complete] [Joseph Palys] [Entered: 03/13/2020 06:22 PM] (135)
Mar 10, 2020 34 NOTICE OF NON-COMPLIANCE: The submission of Appellant Ciena Corporation, Opening Brief [33], is not in compliance with the rules of this court (see attached). Compliant document is due on 03/17/2020. Unless ordered otherwise, the deadline for any responsive filing runs from service of the original version. Service as of this date by the Clerk of Court. [677649] [JAL] [Entered: 03/10/2020 04:10 PM] (2)
Feb 27, 2020 32 Entry of appearance for Anderson Y. To as of counsel for Appellant Ciena Corporation. Service: 02/27/2020 by email. [675012] [19-2117] [Anderson To] [Entered: 02/27/2020 09:28 PM] (2)
Feb 27, 2020 33 FILED from Appellant Ciena Corporation. Title: OPENING BRIEF. Service: 02/27/2020 by email. [675013] [19-2117] This document is non-compliant. See Doc No.[34] [Joseph Palys] [Entered: 02/27/2020 10:15 PM] (55)
Jan 28, 2020 31 ORDER filed denying [19] Ciena's motion to vacate and remand. The opening brief is due within 30 days. Service as of this date by the Clerk of Court. [666372] [LMS] [Entered: 01/28/2020 10:46 AM] (5)
Jan 13, 2020 30 Docketing Statement for the Intervenor Iancu. Service: 01/13/2020 by email. [662565] [19-2117] [Molly Silfen] [Entered: 01/13/2020 02:10 PM] (3)
Jan 3, 2020 29 ORDER filed. The Director of the USPTO is added as an intervenor. The revised official caption is reflected in the order. See order for further instructions. Service as of this date by the Clerk of Court. [660520] [JAL] [Entered: 01/03/2020 10:53 AM] (2)
Jan 2, 2020 28 REPLY of Appellant Ciena Corporation to response [23], response [20]. Service: 01/02/2020 by email. [660406] [19-2117] [Igor Timofeyev] [Entered: 01/02/2020 08:59 PM] (17)
Dec 26, 2019 27 Entry of appearance for Maureen D. Queler as of counsel for Intervenor - Director of the United States Patent and Trademark Office. Service: 12/26/2019 by email. [658810] [19-2117] [Maureen Queler] [Entered: 12/26/2019 11:53 AM] (2)
Dec 26, 2019 26 Entry of appearance for Farheena Y. Rasheed as of counsel for Intervenor - Director of the United States Patent and Trademark Office. Service: 12/26/2019 by email. [658806] [19-2117] [Farheena Rasheed] [Entered: 12/26/2019 11:49 AM] (2)
Dec 26, 2019 25 Entry of appearance for Thomas W. Krause as of counsel for Intervenor - Director of the United States Patent and Trademark Office. Service: 12/26/2019 by email. [658803] [19-2117] [Thomas Krause] [Entered: 12/26/2019 11:47 AM] (2)
Dec 26, 2019 24 Entry of appearance for Molly R. Silfen as principal counsel for Intervenor - Director of the United States Patent and Trademark Office. Service: 12/26/2019 by email. [658801] [19-2117] [Molly Silfen] [Entered: 12/26/2019 11:44 AM] (2)
Dec 26, 2019 23 RESPONSE from Intervenor - Director of the United States Patent and Trademark Office to the motion [19] filed by Appellant Ciena Corporation. Service: 12/26/2019 by email. [658799] [19-2117] [Molly Silfen] [Entered: 12/26/2019 11:40 AM] (13)
Dec 26, 2019 22 Notice of Intervention pursuant to the provisions of 35 USC Section 143 from the Director of the United States Patent and Trademark Office. Service: 12/26/2019 by email. [658797] [19-2117] [Molly Silfen] [Entered: 12/26/2019 11:37 AM] (3)
Nov 22, 2019 21 ORDER certifying notice of Ciena Corporation’s constitutional challenge to the Attorney General. The United States’ request to intervene and any response by the United States to the motion [19] is due no later than December 27, 2019. Any reply in support of the motion is due no later than January 2, 2020. The briefing schedule is stayed. See Fed. Cir. R. 31(c). Service as of this date by the Clerk of Court. [651783] [NL] [Entered: 11/22/2019 03:19 PM] (2)
Nov 22, 2019 20 RESPONSE of Appellee Oyster Optics, LLC to the motion [19] filed by Appellant Ciena Corporation with MOTION to to terminate appeal through Order to terminate the underlying inter partes review as lapsed under 35 USC 316(a)(11), if Ciena's motion to vacate is granted. Cases to be terminated: IPR2018-00070. (Briefing suspended pursuant to FCR 31 pending resolution of the motion)., for limited remand. Service: 11/22/2019 by email [651736] [19-2117] [Wayne Helge] [Entered: 11/22/2019 01:29 PM] (57)
Nov 21, 2019 19 MOTION of Appellant Ciena Corporation to terminate appeal through remand. Cases to be terminated: 19-2117. (Briefing suspended pursuant to FCR 31 pending resolution of the motion). [Consent: opposed]. Service: 11/21/2019 by email. [651490] [19-2117] [Joseph Palys] [Entered: 11/21/2019 05:44 PM] (80)
Nov 21, 2019 18 Entry of appearance for Igor V. Timofeyev as of counsel for Appellant Ciena Corporation. Service: 11/21/2019 by email. [651480] [19-2117] [Joseph Palys] [Entered: 11/21/2019 05:30 PM] (2)
Oct 4, 2019 17 **TEXT ONLY** ORDER granting motion to extend time to file brief [16] filed by Appellant Ciena Corporation. The opening brief is due 12/17/2019. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [640410] [JAL] [Entered: 10/04/2019 03:46 PM] (0)
Oct 4, 2019 16 MOTION of Appellant Ciena Corporation to extend the time to 12/17/2019 to file the opening brief. [Consent: unopposed]. Service: 10/04/2019 by email. [640408] [19-2117] [Joseph Palys] [Entered: 10/04/2019 03:37 PM] (13)
Oct 3, 2019 15 Amended Certificate of Interest for Appellee Oyster Optics, LLC. Service: 10/03/2019 by email. [640011] [19-2117] [Wayne Helge] [Entered: 10/03/2019 12:21 PM] (3)
Oct 2, 2019 14 REMINDER: All counsel of record are reminded of their responsibility per Fed. Cir. R. 47.4(a) and Fed. Cir. R. 47.3 to promptly submit an amended Certificate of Interest (COI) and/or Entry of Appearance (EOA) as information changes during the pendency of the appeal. Failure to comply with these Rules may delay the timely processing of your case or result in adverse action. [639694] [JAL] [Entered: 10/02/2019 02:42 PM] (0)
Aug 22, 2019 13 Certified list received. Service: 08/19/2019 by email. Refer to Fed. Cir. R. 31 for calculating brief deadlines from service of the certified list. [630419] [JAL] [Entered: 08/22/2019 04:46 PM] (79)
Jul 30, 2019 12 Corrected Entry of appearance for Aldo Noto as of counsel for Appellee Oyster Optics, LLC. Service: 07/30/2019 by email. [624462] [19-2117] [Aldo Noto] [Entered: 07/30/2019 11:33 AM] (2)
Jul 29, 2019 11 NOTICE OF NON-COMPLIANCE: The submission of Appellee Oyster Optics, LLC, Entry of Appearance - A. Noto [9], is not in compliance with the rules of this court (see attached). Compliant document is due on 08/05/2019. Service as of this date by the Clerk of Court. [624067] [JAL] [Entered: 07/29/2019 12:11 PM] (1)
Jul 25, 2019 10 Note to file: 19-2117 (COMP COMPANION started 07/25/2019) with 19-1820. These cases shall be considered companion cases and assigned to the same merits panel for oral argument. [623406] [19-1820, 19-2117] [JAL] [Entered: 07/25/2019 10:18 AM] (0)
Jul 23, 2019 9 Entry of appearance for Aldo Noto as of counsel for Appellee Oyster Optics, LLC. Service: 07/23/2019 by email. [623015] [19-2117] This document is non-compliant. See Doc No.[11] [Aldo Noto] [Entered: 07/23/2019 07:41 PM] (1)
Jul 23, 2019 8 Docketing Statement for the Appellant Ciena Corporation. Service: 07/23/2019 by email. [622994] [19-2117] [Joseph Palys] [Entered: 07/23/2019 05:36 PM] (4)
Jul 23, 2019 7 Certificate of Interest for Appellant Ciena Corporation. Service: 07/23/2019 by email. [622992] [19-2117] [Joseph Palys] [Entered: 07/23/2019 05:35 PM] (3)
Jul 23, 2019 6 Entry of appearance for Joseph E. Palys as principal counsel for Appellant Ciena Corporation. Service: 07/23/2019 by email. [622990] [19-2117] [Joseph Palys] [Entered: 07/23/2019 05:34 PM] (2)
Jul 19, 2019 5 Entry of appearance for James T. Wilson as of counsel for Appellee Oyster Optics, LLC. Service: 07/19/2019 by email. [622311] [19-2117] [James Wilson] [Entered: 07/19/2019 04:56 PM] (2)
Jul 19, 2019 4 Docketing Statement for the Appellee Oyster Optics, LLC. Service: 07/19/2019 by email. [622190] [19-2117] [Wayne Helge] [Entered: 07/19/2019 12:28 PM] (3)
Jul 19, 2019 3 Entry of appearance for Wayne M. Helge as principal counsel for Appellee Oyster Optics, LLC. Service: 07/19/2019 by email. [622189] [19-2117] [Wayne Helge] [Entered: 07/19/2019 12:26 PM] (2)
Jul 19, 2019 2 Certificate of Interest for Appellee Oyster Optics, LLC. Service: 07/19/2019 by email. [622187] [19-2117] [Wayne Helge] [Entered: 07/19/2019 12:25 PM] (3)
Jul 9, 2019 1 Appeal docketed. Received: 07/09/2019. [619883] Entry of Appearance is due 07/23/2019. Certificate of Interest is due on 07/23/2019. Docketing Statement is due 07/23/2019. Certified List is due on 08/19/2019. [JAL] [Entered: 07/09/2019 04:11 PM] (75)
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