Case number 1:21-cv-01831
DigiMedia Tech, LLC v. ViacomCBS, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 14, 2021 | 30 | Amended Complaint* (1) |
| Mar 3, 2021 | N/A | Notice Regarding Pro Hac Vice Motion (0) Docket Text: >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [7] MOTION for Daniel A. Kent to Appear Pro Hac Vice for Plaintiff DigiMedia Tech, LLC. Filing fee $ 200.00, receipt number ANYSDC-24162013. Motion and supporting papers to be reviewed by Clerk's Office staff.>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [18] MOTION for Jennifer B. Maisel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274930. Motion and supporting papers to be reviewed by Clerk's Office staff., [17] MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274873. Motion and supporting papers to be reviewed by Clerk's Office staff., [19] MOTION for D. Lawson Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274970. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) 15 Filed & Entered: 03/18/2021 Notice of Appearance Docket Text: NOTICE OF APPEARANCE by Steven M Lieberman on behalf of Showtime Networks, Inc., ViacomCBS, Inc...(Lieberman, Steven) 16 Filed & Entered: 03/18/2021Terminated: 03/19/2021 Motion for Extension of Time to File Answer Docket Text: LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Steven Lieberman dated March 18, 2021. Document filed by Showtime Networks, Inc., ViacomCBS, Inc...(Lieberman, Steven) 17 Filed & Entered: 03/18/2021Terminated: 03/19/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274873. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Showtime Networks, Inc., ViacomCBS, Inc.. (Attachments: # (1) Declaration of Sharon L. Davis In Support of Pro Hac Vice Motion, # (2) Proposed Order for Admission Pro Hac Vice of Sharon L. Davis).(Davis, Sharon) 18 Filed & Entered: 03/18/2021Terminated: 03/19/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION for Jennifer B. Maisel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Showtime Networks, Inc., ViacomCBS, Inc.. (Attachments: # (1) Declaration of Jennifer B. Maisel In Support of Pro Hac Vice Motion, # (2) Proposed Order for Admission Pro Hac Vice of Jennifer B. Maisel).(Maisel, Jennifer) 19 Filed & Entered: 03/18/2021Terminated: 03/19/2021 Motion to Appear Pro Hac Vice Docket Text: MOTION for D. Lawson Allen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24274970. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Showtime Networks, Inc., ViacomCBS, Inc.. (Attachments: # (1) Declaration of D. Lawson Allen In Support of Pro Hac Vice Motion, # (2) Proposed Order for Admission Pro Hac Vice of D. Lawson Allen).(Allen, David) 20 Filed & Entered: 03/19/2021 Order on Motion for Extension of Time to Answer Docket Text: ORDER granting [16] Letter Motion for Extension of Time to Answer re [16] LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Steven Lieberman dated March 18, 2021.. Application granted. SO ORDERED.. (Signed by Judge John G. Koeltl on 3/19/2021) Showtime Networks, Inc. answer due 4/26/2021; ViacomCBS, Inc. answer due 4/26/2021 (ks) 21 Filed & Entered: 03/19/2021 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [17] Motion for Sharon L. Davis to Appear Pro Hac Vice.. (Signed by Judge John G. Koeltl on 3/19/2021) (ks) Modified on 3/19/2021 (ks). 22 Filed & Entered: 03/19/2021 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [18] Motion for Jennifer B. Maisel to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 3/19/2021) (ks) Modified on 3/19/2021 (ks). 23 Filed & Entered: 03/19/2021 Order on Motion to Appear Pro Hac Vice Docket Text: ORDER FOR ADMISSION PRO HAC VICE granting [19] Motion for D. Lawson Allen to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 3/19/2021) (ks) Filed & Entered: 03/31/2021 Set Hearings Docket Text: Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 6/10/2021 at 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) 24 Filed & Entered: 04/21/2021Terminated: 04/22/2021 Motion for Conference Docket Text: LETTER MOTION for Conference addressed to Judge John G. Koeltl from Steven Lieberman dated April 21, 2021. Document filed by Showtime Networks, Inc., ViacomCBS, Inc...(Lieberman, Steven) 25 Filed & Entered: 04/22/2021 Order on Motion for Conference Docket Text: ORDER granting [24] Motion for Conference re: [24] LETTER MOTION for Conference addressed to Judge John G. Koeltl from Steven Lieberman dated April 21, 2021. The conference scheduled for June 10, 2021 is advanced to Tuesday, May 4, 2021, at 12:00pm. At which time, the Court will conduct a pre-motion conference. Dial-in: 888- 363-4749, with access code 8140049. The clerk is directed to close docket 24 as a letter motion. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/22/2021) Initial Conference set for 5/4/2021 at 12:00 PM before Judge John G. Koeltl. (ks) Filed & Entered: 04/30/2021 Set Hearings Docket Text: Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference scheduled for 5/4/2021 at 12:00 PM adjourned to 03:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) Filed: 05/04/2021 Entered: 06/07/2021 Pretrial Conference - Initial Docket Text: Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 5/4/2021. (Fletcher, Donnie) 26 Filed & Entered: 05/07/2021 Proposed Scheduling Order Docket Text: PROPOSED SCHEDULING ORDER. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) 27 Filed & Entered: 05/10/2021 Stipulation and Order Docket Text: STIPULATED SCHEDULING ORDER: Pursuant to the Court's instructions at the pre-motion conference, and with the stipulation and agreement of the parties, it is hereby ORDERED: Defendants may file a motion to dismiss by May 24, 2021. Plaintiff may file a response or an amended complaint by June 14, 2021. If Plaintiff files a response to the motion to dismiss, Defendants may file a reply by June 24, 2021. If Plaintiff files an amended complaint, Defendants may move to dismiss or otherwise respond to the amended complaint by June 24, 2021. If Defendants file a motion to dismiss the amended complaint, Plaintiff may file a response by July 15, 2021. Defendants may file a reply by July 26, 2021. If Defendants answer the amended complaint, the parties shall submit a Rule 26(f) report and another letter asking for a conference to the Court by July 15, 2021. The Court stays discovery pending the decision on the motion to dismiss or the parties' submission of the Rule 26(f) report. SO ORDERED. (Signed by Judge John G. Koeltl on 5/10/2021) ( Amended Pleadings due by 6/14/2021., Motions due by 6/24/2021., Responses due by 7/15/2021, Replies due by 7/26/2021.) (ks) 28 Filed & Entered: 05/24/2021Terminated: 03/21/2022 Motion to Dismiss Docket Text: MOTION to Dismiss . Document filed by Showtime Networks, Inc., ViacomCBS, Inc.. Responses due by 6/14/2021.(Lieberman, Steven) 29 Filed & Entered: 05/24/2021 Memorandum of Law in Support of Motion Docket Text: MEMORANDUM OF LAW in Support re: [28] MOTION to Dismiss . . Document filed by Showtime Networks, Inc., ViacomCBS, Inc.. (Attachments: # (1) Affidavit of D. Allen, # (2) Exhibit A - Complaint, # (3) Exhibit B - USPN 7,743,399, # (4) Exhibit C- USPN 8,087,049, # (5) Exhibit D - USPN 9,055,328, # (6) Exhibit E - 12/15/2008 Office Action, # (7) Exhibit F - 03/23/2009 Response After Final Office Action).(Lieberman, Steven) 30 Filed & Entered: 06/14/2021 Amended Complaint Docket Text: FIRST AMENDED COMPLAINT amending [1] Complaint,, against Showtime Networks, Inc., ViacomCBS, Inc., CBS Interactive Inc., Viacom International Inc., John Doe Corporations 1-50 with JURY DEMAND.Document filed by DigiMedia Tech, LLC. Related document: [1] Complaint,,. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - Prosecution File History for '532 Patent, # (3) Exhibit C - US Pat No 6,744,818, # (4) Exhibit D - Prosecution File History for '818 Patent, # (5) Exhibit E - US Pat No 7,743,399, # (6) Exhibit F - part 1 - Prosecution File History for '399 Patent, # (7) Exhibit F - part 2 - Prosecution File History for '399 Patent, # (8) Exhibit G - US Pat No 8,087,049, # (9) Exhibit H - Prosecution File History for '049 Patent, # (10) Exhibit I - US Pat No 9,055,328, # (11) Exhibit J - Prosecution File History for '328 Patent, # (12) Exhibit K - US Pat No 8,160,980, # (13) Exhibit L - Prosecution File History for '980 Patent, # (14) Exhibit M - ViacomCBS.com re ViacomCBS Streaming, # (15) Exhibit N - ViacomCBS Subsidiaries, # (16) Exhibit O - Website Certificates for cbs.com and paramountplus.com, # (17) Exhibit P - Website Certificates for Viacom International platforms, # (18) Exhibit Q - Claim Chart re '532 Patent v Viacom Int'l, # (19) Exhibit R - Claim Chart re '532 Patent v Showtime, # (20) Exhibit S - Claim Chart re '818 Patent v CBS Interactive, # (21) Exhibit T - Claim Chart re '818 Patent v Viacom Int'l, # (22) Exhibit U - Claim Chart re '818 Patent v Showtime, # (23) Exhibit V - Claim Chart re '399 Patent v CBS Interactive, # (24) Exhibit W - Claim Chart re '399 Patent v Showtime, # (25) Exhibit X - Claim Chart re '049 Patent v Showtime, # (26) Exhibit Y - Claim Chart re '328 Patent v Showtime, # (27) Exhibit Z - Claim Chart re '980 Patent v Showtime Smartphone Apps).(Kent, Daniel) 31 Filed & Entered: 06/14/2021 Request for Issuance of Summons Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to CBS Interactive Inc., re: [30] Amended Complaint,,,,,,,. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) 32 Filed & Entered: 06/14/2021 Request for Issuance of Summons Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Viacom International Inc., re: [30] Amended Complaint,,,,,,,. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) 33 Filed & Entered: 06/15/2021 Summons Issued Docket Text: ELECTRONIC SUMMONS ISSUED as to Viacom International Inc.. (sj) 34 Filed & Entered: 06/15/2021 Summons Issued Docket Text: ELECTRONIC SUMMONS ISSUED as to CBS Interactive Inc.. (sj) 35 Filed & Entered: 06/21/2021Terminated: 06/22/2021 Motion for Extension of Time Docket Text: LETTER MOTION for Extension of Time to answer or otherwise respond to the first amended complaint addressed to Judge John G. Koeltl from Steven Lieberman dated June 21, 2021. Document filed by CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Stipulated Scheduling Order).(Lieberman, Steven) 36 Filed & Entered: 06/22/2021 Stipulation and Order Docket Text: STIPULATED SCHEDULING ORDER: Pursuant to Defendants' letter motion to amend the Stipulated Scheduling Order (Dkt. 27), and with the stipulation and agreement of the parties, it is hereby ORDERED: Defendants may move to dismiss or otherwise respond to the amended complaint by July 15, 2021. If Defendants file a motion to dismiss the amended complaint, Plaintiff may file a response by August 5, 2021. Defendants may file a reply by August 16, 2021. If Defendants answer the amended complaint, the parties shall submit a Rule 26(f) report and another letter asking for a conference to the Court by August 5, 2021. The Court stays discovery pending the decision on the motion to dismiss or the parties' submission of the Rule 26(f) report. SO ORDERED. CBS Interactive Inc. answer due 7/15/2021; Showtime Networks, Inc. answer due 7/15/2021; Viacom International Inc. answer due 7/15/2021; ViacomCBS, Inc. answer due 7/15/2021. (Motions due by 7/15/2021. Responses due by 8/5/2021. Replies due by 8/16/2021.) Motions terminated: [35] LETTER MOTION for Extension of Time to answer or otherwise respond to the first amended complaint addressed to Judge John G. Koeltl from Steven Lieberman dated June 21, 2021 filed by Viacom International Inc., ViacomCBS, Inc., Showtime Networks, Inc., CBS Interactive Inc. (Signed by Judge John G. Koeltl on 6/22/2021) (mml) 37 Filed & Entered: 07/15/2021 Notice of Appearance Docket Text: NOTICE OF APPEARANCE by Steven M Lieberman on behalf of CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc...(Lieberman, Steven) 38 Filed & Entered: 07/15/2021Terminated: 03/21/2022 Motion to Dismiss Docket Text: MOTION to Dismiss . Document filed by CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc.. Responses due by 7/29/2021.(Lieberman, Steven) 39 Filed & Entered: 07/15/2021 Memorandum of Law in Support of Motion Docket Text: MEMORANDUM OF LAW in Support re: [38] MOTION to Dismiss . . Document filed by CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc.. (Attachments: # (1) Declaration of D. Lawson Allen, # (2) Exhibit A - First Amended Complaint, # (3) Exhibit B - USPN 7,743,399, # (4) Exhibit C - USPN 8,087,049, # (5) Exhibit D - USPN 9,055,328, # (6) Exhibit E - USPN 8,160,980, # (7) Exhibit F - December 15, 2008 Office Action, # (8) Exhibit G - March 23, 2009 Response After Final Office Action).(Lieberman, Steven) 40 Filed & Entered: 08/05/2021 Response in Opposition to Motion Docket Text: RESPONSE in Opposition to Motion re: [38] MOTION to Dismiss . re: Counts III-VI of the First Amended Complaint. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) 41 Filed & Entered: 08/16/2021 Reply Memorandum of Law in Support of Motion Docket Text: REPLY MEMORANDUM OF LAW in Support re: [38] MOTION to Dismiss . . Document filed by CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc...(Lieberman, Steven) 42 Filed & Entered: 08/16/2021Terminated: 03/21/2022 Motion for Oral Argument Docket Text: LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Steven Lieberman dated August 16, 2021. Document filed by CBS Interactive Inc., Showtime Networks, Inc., Viacom International Inc., ViacomCBS, Inc...(Lieberman, Steven) 43 Filed & Entered: 08/30/2021 Order Docket Text: ORDER: The parties are directed to provide the Court with courtesy hard copies of the papers submitted in connection with the defendants' motion to dismiss, the plaintiff's opposition, and the defendants' reply. See Individual Practices II.C. SO ORDERED. (Signed by Judge John G. Koeltl on 8/30/2021) (mml) 44 Filed & Entered: 03/21/2022 Memorandum & Opinion Docket Text: MEMORANDUM OPINION AND ORDER re: [28] MOTION to Dismiss . filed by ViacomCBS, Inc., Showtime Networks, Inc., [42] LETTER MOTION for Oral Argument addressed to Judge John G. Koeltl from Steven Lieberman dated August 16, 2021. filed by Viacom International Inc., ViacomCBS, Inc., Showtime Networks, Inc., CBS Interactive Inc., [38] MOTION to Dismiss . filed by Viacom International Inc., ViacomCBS, Inc., Showtime Networks, Inc.. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the reasons explained above, the defendants' motion to dismiss counts III, IV, V, and VI of the FAC is granted. The claims asserted in counts III-VI claim ineligible subject matter under§ 101. The Clerk is directed to close ECF Nos. 28, 38, and 42. The defendants should answer the remaining claims of the FAC by April 15, 2022. The parties should submit a Rule 26(f) report by April 29, 2022. SO ORDERED. CBS Interactive Inc.., CBS Interactive Inc. answer due 4/15/2022; Showtime Networks, Inc. answer due 4/15/2022; Viacom International Inc. answer due 4/15/2022; ViacomCBS, Inc. answer due 4/15/2022. (Signed by Judge John G. Koeltl on 3/21/2022) (kv) 45 Filed & Entered: 04/13/2022Terminated: 04/14/2022 Motion for Extension of Time to File Answer Docket Text: LETTER MOTION for Extension of Time to File Answer and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated 04/13/2022. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Proposed Stipulated Scheduling Order).(Kent, Daniel) 46 Filed & Entered: 04/14/2022 Stipulation and Order Docket Text: STIPULATION SCHEDULING ORDER: Pursuant to the joint letter-motion of the parties, it is hereby ORDERED: Plaintiff may file a motion for leave to amend the First Amended Complaint no later than May 6, 2022. If Plaintiff files a motion for leave to amend, Defendant's response in opposition to such a motion shall be due no later than May 27, 2022, and Plaintiffs reply in support shall be due no later than June 17, 2022. If Plaintiff does not file a motion for leave to amend the First Amended Complaint, then (a) Defendant shall file an answer to the First Amended Complaint [Document 30] no later than May 27, 2022, and (b) the parties shall submit a Rule 26(f) report and another letter asking for a conference to the Court by June 17, 2022. The Court stays discovery pending the parties' submission of the Rule 26(f) report. SO ORDERED. Motions terminated: [45] LETTER MOTION for Extension of Time to File Answer and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated 04/13/2022. filed by DigiMedia Tech, LLC. (Signed by Judge John G. Koeltl on 4/13/2022) CBS Interactive Inc. answer due 5/27/2022; John Doe Corporations 1-50 answer due 5/27/2022; Showtime Networks, Inc. answer due 5/27/2022; Viacom International Inc. answer due 5/27/2022; ViacomCBS, Inc. answer due 5/27/2022.( Motions due by 5/6/2022., Responses due by 5/27/2022, Replies due by 6/17/2022.) (ks) 47 Filed & Entered: 05/04/2022Terminated: 05/05/2022 Motion for Extension of Time Docket Text: LETTER MOTION for Extension of Time and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated May 4, 2022. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Text of Proposed Order Proposed Stipulated Scheduling Order).(Kent, Daniel) 48 Filed & Entered: 05/05/2022 Stipulation and Order Docket Text: STIPULATION SCHEDULING ORDER: Pursuant to the joint letter-motion of the parties, it is hereby ORDERED: Plaintiff may file a motion for leave to amend the First Amended Complaint no later than May 20, 2022. If Plaintiff files a motion for leave to amend, Defendant's response in opposition to such a motion shall be due no later than June 10, 2022, and Plaintiffs reply in support shall be due no later than July 1, 2022. If Plaintiff does not file a motion for leave to amend the First Amended Complaint, then (a) Defendant shall file an answer to the First Amended Complaint [Document 30] no later than June 10, 2022, and (b) the parties shall submit a Rule 26(f) report and another letter asking for a conference to the Court by July 1, 2022. The Court stays discovery pending the parties' submission of the Rule 26(f) report. SO ORDERED. Motions terminated: [47] LETTER MOTION for Extension of Time and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated May 4, 2022. filed by DigiMedia Tech, LLC. (Signed by Judge John G. Koeltl on 5/5/2022) ( Motions due by 5/20/2022., Responses due by 6/10/2022, Replies due by 7/1/2022.) (ks) 49 Filed & Entered: 05/19/2022Terminated: 05/20/2022 Motion for Extension of Time Docket Text: LETTER MOTION for Extension of Time and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated May 19, 2022. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Text of Proposed Order Proposed Stipulated Scheduling Order).(Kent, Daniel) 50 Filed & Entered: 05/20/2022 Stipulation and Order Docket Text: STIPULATED SCHEDULING ORDER: Pursuant to the joint letter-motion of the parties, it is hereby ORDERED: Plaintiff may file a motion for leave to amend the First Amended Complaint no later than June 3, 2022. If Plaintiff files a motion for leave to amend, Defendant's response in opposition to such a motion shall be due no later than June 24, 2022, and Plaintiffs reply in support shall be due no later than July 15, 2022. If Plaintiff does not file a motion for leave to amend the First Amended Complaint, then (a) Defendant shall file an answer to the First Amended Complaint [Document 30] no later than June 24, 2022, and (b) the parties shall submit a Rule 26(f) report and another letter asking for a conference to the Court by July 15, 2022. The Court stays discovery pending the parties' submission of the Rule 26(f) report. SO ORDERED. Motions terminated: [49] LETTER MOTION for Extension of Time and Setting Deadlines for Plaintiff to Seek Leave to Amend First Amended Complaint addressed to Judge John G. Koeltl from Daniel A. Kent dated May 19, 2022. filed by DigiMedia Tech, LLC. (Signed by Judge John G. Koeltl on 5/19/2022) CBS Interactive Inc. answer due 6/24/2022; John Doe Corporations 1-50 answer due 6/24/2022; Showtime Networks, Inc. answer due 6/24/2022; Viacom International Inc. answer due 6/24/2022; ViacomCBS, Inc. answer due 6/24/2022.( Motions due by 6/3/2022., Responses due by 6/24/2022, Replies due by 7/15/2022.) (ks) 51 Filed & Entered: 05/31/2022Terminated: 06/15/2022 Motion for Leave to File Document Docket Text: MOTION for Leave to File Second Amended Complaint . Document filed by DigiMedia Tech, LLC..(Kent, Daniel) 52 Filed & Entered: 05/31/2022 Memorandum of Law in Support of Motion Docket Text: MEMORANDUM OF LAW in Support re: [51] MOTION for Leave to File Second Amended Complaint . . Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit 1 - Proposed Second Amended Complaint - Clean, # (2) Exhibit 2 - Comparison of Proposed Second Amended Complaint to First Amended Complaint, # (3) Exhibit 3 - Proposed Ex. G - Declaration of Technical Expert David B. Lett).(Kent, Daniel) 53 Filed & Entered: 06/14/2022Terminated: 06/15/2022 Motion to Dismiss Docket Text: JOINT MOTION to Dismiss . Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Text of Proposed Order Proposed Order of Dismissal).(Kent, Daniel) 54 Filed & Entered: 06/15/2022 Order of Dismissal Docket Text: ORDER OF DISMISSAL WITH PREJUDICE: The Court, having considered this request, is of the opinion that the parties' request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiffs claims for relief against Defendants are dismissed with prejudice and Defendants' potential claims, defenses, and/or counterclaims for relief against Plaintiff are dismissed without prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. The Clerk is directed to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 6/15/2022) (ks) Modified on 6/15/2022 (ks). 55 Filed & Entered: 06/15/2022 AO 120 Form Patent - Case Terminated - Submitted Docket Text: AO 120 FORM PATENT - CASE TERMINATED - 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 final decision was rendered on 6/15/2022 in a court action 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). (Attachments: # (1) Order of Dismissal).(ks) |
| Mar 2, 2021 | 1 | Complaint (Main Document) (12) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit A - US Pat No 6,473,532) (25) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit B - US Patent No. 6,744,818) (20) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit C - US Pat No 7,743,399) (23) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit D - US Pat No 8,087,049) (22) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit E - US Pat No 9,055,328) (24) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit F - Claim Chart re '532 Patent) (15) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit G - Claim Chart re '818 Patent) (14) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit H - Claim Chart re '399 Patent) (13) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit I - Claim Chart re '049 Patent) (12) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint (Exhibit J - Claim Chart re '328 Patent) (10) Docket Text: COMPLAINT against Showtime Networks, Inc., ViacomCBS, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24160954)Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Exhibit A - US Pat No 6,473,532, # (2) Exhibit B - US Patent No. 6,744,818, # (3) Exhibit C - US Pat No 7,743,399, # (4) Exhibit D - US Pat No 8,087,049, # (5) Exhibit E - US Pat No 9,055,328, # (6) Exhibit F - Claim Chart re '532 Patent, # (7) Exhibit G - Claim Chart re '818 Patent, # (8) Exhibit H - Claim Chart re '399 Patent, # (9) Exhibit I - Claim Chart re '049 Patent, # (10) Exhibit J - Claim Chart re '328 Patent).(Kent, Daniel) |
| Mar 2, 2021 | 2 | AO 120 Form Patent/Trademark - Notice of Submission by Attorney (1) Docket Text: AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Kent, Daniel) |
| Mar 2, 2021 | 3 | Civil Cover Sheet (2) Docket Text: CIVIL COVER SHEET filed..(Kent, Daniel) |
| Mar 2, 2021 | 4 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to ViacomCBS, Inc., re: [1] Complaint,,. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) |
| Mar 2, 2021 | 5 | Request for Issuance of Summons (2) Docket Text: REQUEST FOR ISSUANCE OF SUMMONS as to Showtime Networks, Inc., re: [1] Complaint,,. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) |
| Mar 2, 2021 | 6 | Rule 7.1 Corporate Disclosure Statement (2) Docket Text: RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Brainbox Innovations, LLC for DigiMedia Tech, LLC. Document filed by DigiMedia Tech, LLC..(Kent, Daniel) |
| Mar 2, 2021 | 7 | Motion to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Daniel A. Kent to Appear Pro Hac Vice for Plaintiff DigiMedia Tech, LLC. Filing fee $ 200.00, receipt number ANYSDC-24162013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Declaration of Daniel A. Kent, # (2) Certificate of Good Standing Dated May 22, 2020 by Georgia Supreme Court, # (3) Proposed Order for Admission Pro Hac Vice).(Kent, Daniel) |
| Mar 2, 2021 | 7 | Motion to Appear Pro Hac Vice (Declaration of Daniel A. Kent) (1) Docket Text: MOTION for Daniel A. Kent to Appear Pro Hac Vice for Plaintiff DigiMedia Tech, LLC. Filing fee $ 200.00, receipt number ANYSDC-24162013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Declaration of Daniel A. Kent, # (2) Certificate of Good Standing Dated May 22, 2020 by Georgia Supreme Court, # (3) Proposed Order for Admission Pro Hac Vice).(Kent, Daniel) |
| Mar 2, 2021 | 7 | Motion to Appear Pro Hac Vice (Certificate of Good Standing Dated May 22, 2020 by Georgia Supreme Court) (1) Docket Text: MOTION for Daniel A. Kent to Appear Pro Hac Vice for Plaintiff DigiMedia Tech, LLC. Filing fee $ 200.00, receipt number ANYSDC-24162013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Declaration of Daniel A. Kent, # (2) Certificate of Good Standing Dated May 22, 2020 by Georgia Supreme Court, # (3) Proposed Order for Admission Pro Hac Vice).(Kent, Daniel) |
| Mar 2, 2021 | 7 | Motion to Appear Pro Hac Vice (Proposed Order for Admission Pro Hac Vice) (1) Docket Text: MOTION for Daniel A. Kent to Appear Pro Hac Vice for Plaintiff DigiMedia Tech, LLC. Filing fee $ 200.00, receipt number ANYSDC-24162013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by DigiMedia Tech, LLC. (Attachments: # (1) Declaration of Daniel A. Kent, # (2) Certificate of Good Standing Dated May 22, 2020 by Georgia Supreme Court, # (3) Proposed Order for Admission Pro Hac Vice).(Kent, Daniel) |
| Mar 2, 2021 | 1 | Complaint* (1) |
