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Case number 1:22-cv-02280

DISINTERMEDIATION SERVICES, INC. v. PERQ SOFTWARE, LLC > Documents

Date Field Doc. No.Description (Pages)
Oct 11, 2023 64 MARGINAL ENTRY granting 63 Motion for Extension of Time to File Dismissal Papers to 10/23/23. Signed by Magistrate Judge Kellie M. Barr on 10/11/2023. (JRB) (Entered: 10/11/2023) (1)
Oct 6, 2023 63 Joint MOTION for Extension of Time to 10/23/2023 in which to 62 Order Directing Filing of Dismissal Documents , filed by Defendant PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 10/06/2023) (2)
Sep 8, 2023 62 ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within thirty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Kellie M. Barr on 9/8/2023.(JRB) (Entered: 09/08/2023) (1)
Sep 7, 2023 61 NOTICE of Settlement Agreement in Principle, as to Defendant PERQ SOFTWARE, LLC, filed by DISINTERMEDIATION SERVICES, INC. (Berten, David) (Entered: 09/07/2023) (3)
Sep 6, 2023 60 ENTRY AND ORDER FROM TELEPHONIC STATUS CONFERENCE - The Parties, by counsel, appeared for a telephonic status conference on September 5, 2023, with Magistrate Judge Kellie M. Barr. The Parties discussed the status of the case and settlement negotiations. This matter is set for a telephonic status conference on November 28, 2023, at 2:30 p.m. (Eastern), with Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 09/06/2023) (1)
Aug 30, 2023 58 ORDER - The Court GRANTS the appearance of David P. Berten and Alison A. Richards of Global IP Law Group, LLC, pending their formal motions to appear pro hac vice, as counsel for the Plaintiff and accepts the withdrawal of Sean J. Quinn as counsel for the Plaintiff. The Court directs the Clerk to terminate the appearances of Sean J. Quinn. The Court notes that Jeffrey John Catalano does not have an appearance on file in this case. Signed by Magistrate Judge Kellie M. Barr on 8/30/2023. (SWM) (Entered: 08/31/2023) (1)
Aug 30, 2023 57 ORDER granting 53 Motion to Appear pro hac vice. Attorney David Berten added as counsel for Plaintiff. Signed by Magistrate Judge Kellie M. Barr on 8/30/2023. (LBT) (Entered: 08/31/2023) (1)
Aug 30, 2023 56 ORDER granting 55 Motion to Appear pro hac vice. Attorney Alison A. Richards for DISINTERMEDIATION SERVICES, INC. added. Signed by Magistrate Judge Kellie M. Barr on 08/30/2023. (AAS) (Entered: 08/31/2023) (1)
Aug 28, 2023 55 MOTION for Attorney(s) Alison A. Richards to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7783842), filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Richards, Alison) (Entered: 08/28/2023) (4)
Aug 25, 2023 54 Unopposed MOTION to Substitute Attorney David P. Berten and Alison A. Richards, Unopposed MOTION to Withdraw Attorney Appearance Jeffrey John Catalano and Sean J. Quinn, filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Text of Proposed Order)(Berten, David) (Entered: 08/25/2023) (0)
Aug 25, 2023 53 MOTION for Attorney(s) David P. Berten to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7782584), filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Certificate of Good Standing)(Berten, David) (Entered: 08/25/2023) (0)
Aug 4, 2023 52 NOTICE of Withdrawal of Appearance by Troy D. Smith on behalf of DISINTERMEDIATION SERVICES, INC. (Quinn, Sean) (Entered: 08/04/2023) (2)
Jun 15, 2023 51 Initial Markman/Claim Construction Brief (REPLY BRIEF) by PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 06/15/2023) (13)
Jun 14, 2023 50 ENTRY FROM TELEPHONIC STATUS CONFERENCE - The Parties, by counsel, appeared for a Telephonic Status Conference on June 6, 2023, with the Magistrate Judge. The Parties discussed case status in light of the Plaintiff's Amended Complaint and agreed that the Motion to Dismiss at Dkt. 24 is now moot. Therefore, the Court DENIES AS MOOT the Motion to Dismiss at Dkt. 24. This case is set for a Telephonic Status Conference on September 5, 2023, at 1:30 p.m. (Eastern), before United States Magistrate Judge Kellie M. Barr. The Court will contact counsel through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 06/14/2023) (2)
Jun 1, 2023 48 Initial Markman/Claim Construction Brief (PLAINTIFFS RESPONSIVE BRIEF ON CLAIM CONSTRUCTION) by DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Exhibit A - '597 Patent)(Quinn, Sean) (Entered: 06/01/2023) (0)
May 19, 2023 47 Exhibit List and Witness List (Preliminary), filed by Defendant PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 05/19/2023) (4)
May 12, 2023 46 Exhibit List (Preliminary), filed by Plaintiff DISINTERMEDIATION SERVICES, INC., Witness List (Preliminary), filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 05/12/2023) (3)
May 2, 2023 45 REPLY in Support of Motion re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PERQ SOFTWARE, LLC. (Smoot, Rachel) (Entered: 05/02/2023) (14)
May 1, 2023 44 Opening Brief on Claim Construction by All Defendants. (Attachments: # 1 Exhibit Provisional Application 61-627714)(Gaum, Richard) Modified text on 5/2/2023 (TMB). (Entered: 05/01/2023) (0)
Apr 25, 2023 43 RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Exhibit Dandison Declaration, # 2 Exhibit Schottland Declaration)(Quinn, Sean) (Entered: 04/25/2023) (0)
Apr 10, 2023 42 ORDER GRANTING JOINT MOTION TO SET CLAIM CONSTRUCTION SCHEDULE - This cause has come before the Court upon the motion of the parties seeking an order to set a claim construction schedule. (Dkt. 39 .) The Court, being fully advised, orders that the motion be, and hereby is, GRANTED. The Court adopts the following deadlines. (See Order.) Signed by Magistrate Judge Kellie M. Barr on 4/10/2023. (JSR) (Entered: 04/11/2023) (1)
Apr 6, 2023 41 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Sean Joseph Quinn hereby notifies the Clerk of the court of changed contact information. (Quinn, Sean) (Entered: 04/06/2023) (2)
Apr 6, 2023 40 Submission of Proposed Order re 39 Joint MOTION to Set Claim Construction Schedule by PERQ SOFTWARE, LLC. (Smoot, Rachel) Modified on 4/7/2023 (AAS). (Entered: 04/06/2023) (1)
Apr 5, 2023 39 Joint MOTION to Set Claim Construction Schedule, filed by Defendant PERQ SOFTWARE, LLC. (Smoot, Rachel) (Entered: 04/05/2023) (4)
Apr 4, 2023 38 BRIEF/MEMORANDUM in Support re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 04/04/2023) (28)
Apr 4, 2023 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 04/04/2023) (2)
Apr 4, 2023 36 NOTICE of Reassignment of Case to Judge Matthew P. Brookman. Judge Tanya Walton Pratt is no longer assigned to this case. Please include the new case number, 1:22-cv-2280-MPB-KMB, on all future filings in this matter. (LBT) (Entered: 04/04/2023) (1)
Mar 28, 2023 35 NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Amended Complaint) (AKH) (Entered: 03/28/2023) (0)
Mar 22, 2023 32 ORDER granting 29 Motion to Appear pro hac vice. Attorney Troy Smith for DISINTERMEDIATION SERVICES, INC. added. Signed by Magistrate Judge Kellie M. Barr on 3/22/2023. (SWM) (Entered: 03/24/2023) (1)
Mar 22, 2023 31 ENTRY AND ORDER FROM INITIAL PRETRIAL CONFERENCE - The Parties, by counsel, appeared for an initial pretrial conference on March 20, 2023, with the Magistrate Judge. The Case Management Plan submitted in this case is APPROVED as amended, and will be entered as a separate order.The Court directed counsel to meet and confer regarding their preferred claim construction briefing schedule and then file a joint motion stating what they are proposing for the Court's consideration.This matter is set for a telephonic status conference on June 6, 2023, at 10:30 a.m. (Eastern), with Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr. (AKW) (Entered: 03/22/2023) (2)
Mar 22, 2023 33 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/26/2024. Discovery due by 12/28/2023. Signed by Magistrate Judge Kellie M. Barr on 3/22/2023.(SWM) (Entered: 03/24/2023) (10)
Mar 22, 2023 34 ORDER REGARDING DISCOVERY DISPUTES. See Order. Signed by Magistrate Judge Kellie M. Barr on 3/22/2023.(SWM) (Entered: 03/24/2023) (2)
Mar 21, 2023 30 ORDER granting 27 Motion to Appear pro hac vice. Attorney Rachel A. Smoot for PERQ SOFTWARE, LLC added. The Court FURTHER ORDERS that Rachel A. Smoot register as a user of the Court's electronic case filing system by April 4, 2023. Failure to do so could result in the revocation of her admission pro hac vice. Copy to Rachel A. Smoot via US Mail. Signed by Magistrate Judge Kellie M. Barr on 3/21/2023. (SWM) (Entered: 03/21/2023) (2)
Mar 21, 2023 29 MOTION for Attorney(s) Troy D. Smith to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7554991), filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Exhibit A)(Smith, Troy) (Entered: 03/21/2023) (0)
Mar 21, 2023 28 AMENDED COMPLAINT against PERQ SOFTWARE, LLC, filed by DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Exhibit A - '787 Patent, # 2 Exhibit B - '466 Patent, # 3 Exhibit C - '787 Claim Chart, # 4 Exhibit D - '466 Claim Chart, # 5 Exhibit E - '453 Patent, # 6 Exhibit F - '601 Patent, # 7 Exhibit G - '153 Patent, # 8 Exhibit H - '785 Patent, # 9 Exhibit I - '672 Patent, # 10 Exhibit J - '813 Patent, # 11 Exhibit K - '739 Patent, # 12 Exhibit L - Adjusting to Alice, # 13 Exhibit M - 2019 Revised Patent Subject Matter Eligibility Guidance, # 14 Exhibit N - First Amended Complaint Redlined Comparison)(Quinn, Sean) (Entered: 03/21/2023) (0)
Mar 20, 2023 27 MOTION for Attorney(s) Rachel A. Smoot to Appear pro hac vice (Filing fee $100, receipt number BINSDC-7552909), filed by Defendant PERQ SOFTWARE, LLC. (Attachments: # 1 Exhibit A-Certification of Rachel A. Smoot In Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Herceg, Manuel) Modified on 3/21/2023 - deleted duplicate docket text (AKH). (Entered: 03/20/2023) (0)
Mar 17, 2023 26 Joint [Proposed] CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff DISINTERMEDIATION SERVICES, INC. . (Quinn, Sean) (Entered: 03/17/2023) (10)
Mar 7, 2023 25 BRIEF/MEMORANDUM in Support re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PERQ SOFTWARE, LLC. (Attachments: # 1 Exhibit Claim Table)(Gaum, Richard) (Entered: 03/07/2023) (0)
Mar 7, 2023 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant PERQ SOFTWARE, LLC. (Gaum, Richard) (Entered: 03/07/2023) (2)
Mar 2, 2023 23 SCHEDULING ORDER: Zoom Initial Pretrial Conference set for 3/20/2023 02:00 PM (Eastern Time) before Magistrate Judge Kellie M. Barr. The Court will contact counsel by separate email with information to be used to participate in the conference. Read this entire order carefully; it sets out the Court's expectations for the conference. Signed by Magistrate Judge Kellie M. Barr on 3/2/2023.(SWM) (Entered: 03/02/2023) (3)
Feb 27, 2023 22 ORDER - granting 20 Motion to Appear pro hac vice. Attorney Richard Eric Gaum for PERQ SOFTWARE, LLC added. Signed by Magistrate Judge Kellie M. Barr on 2/27/2023. (JSR) (Entered: 02/28/2023) (1)
Feb 23, 2023 20 First MOTION for Attorney(s) R. Eric Gaum to Appear pro hac vice (Filing fee $100, receipt number BINSDC-7518231), filed by Defendant PERQ SOFTWARE, LLC. (Attachments: # 1 Exhibit A-Certification of R. Eric Gaum In Support of Motion to Appear Pro Hac Vice, # 2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Herceg, Manuel) (Entered: 02/23/2023) (0)
Feb 22, 2023 21 ORDER granting Defendant's 19 Motion for Extension of Time to File response to complaint to 3/7/2023. Signed by Magistrate Judge Kellie M. Barr on 2/22/2023. (SWM) (Entered: 02/24/2023) (1)
Feb 21, 2023 19 Unopposed MOTION for Extension of Time to March 7, 2023 in which to 1 Complaint to file Responsive Pleading to Plaintiff's Complaint, filed by Defendant PERQ SOFTWARE, LLC. (Attachments: # 1 Text of Proposed Order Granting PERQ Software, LLC's Unopposed Motion for Extension of Time to a Responsive Pleading to Plaintiff's Complaint)(Herceg, Manuel) Modified on 2/22/2023 - deleted duplicate docket text (AKH). (Entered: 02/21/2023) (0)
Feb 13, 2023 18 ORDER ON JOINT STIPULATION TO RESET DEADLINES OF DEFENDANT TO MOVE, ANSWER, OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT AND WAIVER OF SERVICE REQUIREMENT - This matter is before the Court on the Parties' Joint Stipulation to Reset Deadlines of Defendant to Move, Answer, or Otherwise Respond to Plaintiff's Complaint and Waiver of Service Requirement (DE 16 ). Having reviewed the stipulation, and being duly advised, the Court hereby ORDERS that Defendant's deadline to move, answer, or otherwise respond to Plaintiff's complaint is reset to February 21, 2023. Signed by Magistrate Judge Kellie M. Barr on 2/13/2023. (SWM) (Entered: 02/13/2023) (1)
Feb 9, 2023 17 MOTION for Extension of Time to File Response re 1 Complaint, filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Attachments: # 1 Text of Proposed Order)(Quinn, Sean) Modified on 2/10/2023 - Updated dkt. text and event type. (JSR). (Entered: 02/09/2023) (0)
Feb 7, 2023 16 NOTICE of Appearance by Joshua F. Brown on behalf of Defendant PERQ SOFTWARE, LLC. (Brown, Joshua) (Entered: 02/07/2023) (2)
Feb 7, 2023 15 Rule 7.1 Disclosure Statement by PERQ SOFTWARE, LLC identifying Corporate Parent Perq Holdings, LLC for PERQ SOFTWARE, LLC.. (Herceg, Manuel) (Entered: 02/07/2023) (2)
Feb 7, 2023 14 NOTICE of Appearance by Manuel Herceg on behalf of Defendant PERQ SOFTWARE, LLC. (Herceg, Manuel) (Entered: 02/07/2023) (2)
Jan 31, 2023 13 Submission of Signature Requirement (Corrected Complaint), filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) Modified on 2/1/2023 (AKH). (Entered: 01/31/2023) (23)
Jan 17, 2023 12 ORDER (Marginal Notation) - DENIED 10 Motion for Clerk's Entry of Default. It appears service has not been effected (See Filing Nos. 8 and 9). Signed by Judge Tanya Walton Pratt on 1/17/2023. (DWH) (Entered: 01/17/2023) (1)
Jan 12, 2023 11 Submission of Proposed Order , re 10 MOTION for Clerk's Entry of Default , filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 01/12/2023) (1)
Jan 11, 2023 10 MOTION for Clerk's Entry of Default , filed by Plaintiff DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 01/11/2023) (1)
Dec 21, 2022 9 AFFIDAVIT of Service for Non-Service of Defendant, Perq Software, LLC, filed by DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 12/21/2022) (1)
Dec 21, 2022 8 AFFIDAVIT of Service for Non-Service of Defendant, Perq Software, LLC, filed by DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 12/21/2022) (1)
Dec 5, 2022 7 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Complaint) (AKH) (Entered: 12/05/2022) (0)
Dec 2, 2022 6 REPORT ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by DISINTERMEDIATION SERVICES, INC.. (Quinn, Sean) (Entered: 12/02/2022) (1)
Nov 29, 2022 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) (Entered: 11/29/2022) (1)
Nov 29, 2022 4 Summons Issued as to PERQ SOFTWARE, LLC. (DJH) (Entered: 11/29/2022) (2)
Nov 28, 2022 3 Corporate Disclosure Statement by Disintermediation Services, Inc.. (Quinn, Sean) (Entered: 11/28/2022) (1)
Nov 28, 2022 2 NOTICE of Appearance by Sean Joseph Quinn on behalf of Plaintiff Disintermediation Services, Inc.. (Quinn, Sean) (Entered: 11/28/2022) (1)
Nov 28, 2022 1 COMPLAINT against Perq Software, LLC, filed by Disintermediation Services, Inc.. (Filing fee $402, receipt number AINSDC-7386192) (Attachments: # 1 Exhibit A - '787 Patent, # 2 Exhibit B - '466 Patent, # 3 Exhibit C - '787 Claim Chart, # 4 Exhibit D - '466 Claim Chart, # 5 Civil Cover Sheet, # 6 Proposed Summons)(Quinn, Sean) (Entered: 11/28/2022) (0)
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