Date Field | Doc. No. | Description (Pages) |
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Jun 13, 2022 | 62 | Mandate issued to the United States District Court for the Eastern District of Texas. Service as of this date by the Clerk of Court. [855289] [20-1976, 20-2045] [MVH] [Entered: 06/13/2022 03:35 PM] (1) |
May 8, 2022 | 0 | IMPLICIT, LLC v. NETSCOUT SYSTEMS, INC. [RULE 36 JUDGMENT] [nonprecedential] (0) |
May 6, 2022 | 61 | JUDGMENT. AFFIRMED. Issued pursuant to Federal Circuit Rule 36. Terminated on the merits after oral argument. COSTS: No Costs. Mandate to issue in due course. For information regarding costs, petitions for rehearing, and petitions for writs of certiorari click here. Service as of this date by the Clerk of Court. [848064] [20-1976, 20-2045] [JCP] [Entered: 05/06/2022 10:14 AM] (2) |
May 5, 2022 | 60 | Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Dyk, Circuit Judge and Prost, Circuit Judge.Arguing counsel: Jason Lee Romrell for Implicit, LLC and Eric Allan Buresh for NetScout Systems, Inc.Oral Argument Audio available here. [847780] [MJL] [Entered: 05/05/2022 12:06 PM] (0) |
Mar 31, 2022 | 59 | Corrected Response to notice of oral argument from Cross-Appellant NetScout Systems, Inc.. Service: 03/31/2022 by email. [840137] [20-1976] [Eric Buresh] [Entered: 03/31/2022 11:36 AM] (2) |
Mar 31, 2022 | 58 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: NetScout Systems, Inc.'s Certification of Compliance with Revised Protocols for In-Person Argument [57] is incomplete. Counsel did not identify whether he elects to appear in person or remotely. CORRECTION: Please file a corrected certification by the deadline. [840088] [MJL] [Entered: 03/31/2022 09:26 AM] (0) |
Mar 30, 2022 | 57 | Response to notice of oral argument from Cross-Appellant NetScout Systems, Inc.. Service: 03/30/2022 by email. [839934] [20-1976] [Eric Buresh] [Entered: 03/30/2022 01:56 PM] (3) |
Mar 29, 2022 | 56 | Response to notice of oral argument from Appellant Implicit, LLC. Service: 03/29/2022 by email. [839747] [20-1976] [Jason Romrell] [Entered: 03/29/2022 03:46 PM] (3) |
Mar 21, 2022 | 55 | NOTICE OF ORAL ARGUMENT. Panel: 2205H. Case scheduled May 5, 2022. Response to Notice of Oral Argument due: 04/04/2022. 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. Service as of this date by the Clerk of Court. [838058] [JCP] [Entered: 03/21/2022 04:07 PM] (2) |
Jan 19, 2022 | 54 | 6 paper copies of Doc. No. [36], [30] received from Cross-Appellant NetScout Systems, Inc.. [825485] [VDW] [Entered: 01/19/2022 03:57 PM] (0) |
Jan 18, 2022 | 53 | The following conflict dates submitted by Jason Lee Romrell for Implicit, LLC have been accepted by the court: 04/04/2022, 04/05/2022. [824885] [MJL] [Entered: 01/18/2022 08:34 AM] (0) |
Jan 18, 2022 | 52 | The following conflict dates submitted by Eric Allan Buresh for NetScout Systems, Inc. have been accepted by the court: 04/04/2022, 04/05/2022, 04/06/2022, 04/07/2022, 04/08/2022, 05/02/2022, 05/03/2022. [824884] [MJL] [Entered: 01/18/2022 08:33 AM] (0) |
Jan 17, 2022 | 51 | Notice from Cross-Appellant NetScout Systems, Inc. regarding conflicts with oral argument. Service: 01/17/2022 by email. [824871] [20-1976] [Eric Buresh] [Entered: 01/17/2022 05:17 PM] (3) |
Jan 14, 2022 | 50 | Notice from Appellant Implicit, LLC regarding conflicts with oral argument. Service: 01/14/2022 by email. [824810] [20-1976] [Jason Romrell] [Entered: 01/14/2022 04:16 PM] (3) |
Jan 13, 2022 | 49 | 6 paper copies of Doc. No. [45], [44], [25] received from Appellant Implicit, LLC. [824809] [VDW] [Entered: 01/14/2022 04:13 PM] (0) |
Jan 12, 2022 | 48 | Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [824187] [KMH] [Entered: 01/12/2022 02:17 PM] (0) |
Jan 12, 2022 | 47 | 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. [824185] [KMH] [Entered: 01/12/2022 02:15 PM] (1) |
Jan 6, 2022 | 45 | MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823181]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:09 PM] (0) |
Jan 6, 2022 | 44 | MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823180]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:07 PM] (74) |
Jan 6, 2022 | 46 | MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Implicit, LLC. Service: 01/06/2022 by email. [823182]--[Edited 01/12/2022 by KMH - compliance review complete] [Robert Shaffer] [Entered: 01/06/2022 05:10 PM] (868) |
Jan 4, 2022 | 43 | NOTICE OF NON-COMPLIANCE: The submission of Appellant Implicit, LLC, Confidential Appendix, and upon further review, Nonconfidential Appendix and Reply Brief [42], [38], [33], is not in compliance with the rules of this court (see attached). Compliant document due on 01/11/2022. Service as of this date by the Clerk of Court. [822525] [KMH] [Entered: 01/04/2022 11:46 AM] (1) |
Dec 23, 2021 | 42 | CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 12/23/2021 by email. [820841] [20-1976] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 12/23/2021 10:29 AM] (0) |
Dec 20, 2021 | 41 | NOTICE OF NON-COMPLIANCE: The submission of Appellant Implicit, LLC, Confidential Appendix [37], is not in compliance with the rules of this court (see attached). Compliant document due on 12/28/2021. Service as of this date by the Clerk of Court. [819804] [KMH] [Entered: 12/20/2021 11:55 AM] (1) |
Dec 15, 2021 | 40 | Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Implicit, LLC. Service: 12/15/2021 by email. [819042] [20-1976] [Robert Shaffer] [Entered: 12/15/2021 06:36 PM] (2) |
Dec 15, 2021 | 39 | Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Implicit, LLC. Service: 12/15/2021 by email. [818987] [20-1976] [Robert Shaffer] [Entered: 12/15/2021 04:29 PM] (2) |
Dec 15, 2021 | 38 | MODIFIED ENTRY: APPENDIX FILED by Appellant Implicit, LLC. Service: 12/15/2021 by email. [818986] --[Edited 12/20/2021 by KMH - compliance review complete] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 12/15/2021 04:27 PM] (868) |
Dec 15, 2021 | 37 | CONFIDENTIAL APPENDIX FILED by Appellant Implicit, LLC. Service: 12/15/2021 by email. [818983] [20-1976] This document is non-compliant. See Doc No. [41] [Robert Shaffer] [Entered: 12/15/2021 04:25 PM] (0) |
Dec 8, 2021 | 36 | MODIFIED ENTRY: REPLY BRIEF FILED by Cross-Appellant NetScout Systems, Inc. Service: 12/08/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [817116] --[Edited 12/13/2021 by KMH - compliance review complete] --[Edited 01/04/2022 by KMH to correct party filer] [Eric Buresh] [Entered: 12/08/2021 12:09 PM] (25) |
Nov 3, 2021 | 35 | **TEXT ONLY** ORDER granting motion to extend time to file brief [34] filed by Cross-Appellant NetScout Systems, Inc. The reply brief is due 12/08/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [809928] [KMH] [Entered: 11/03/2021 12:26 PM] (0) |
Oct 29, 2021 | 34 | MOTION of Cross-Appellant NetScout Systems, Inc. to extend the time to 12/08/2021 to file brief. Service: 10/29/2021 by email. [809221] [20-1976] [Eric Buresh] [Entered: 10/29/2021 03:37 PM] (9) |
Oct 18, 2021 | 33 | MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Implicit, LLC. Service: 10/18/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [806516] --[Edited 10/21/2021 by JCW - compliance review complete] This document is non-compliant. See Doc No. [43] [Robert Shaffer] [Entered: 10/18/2021 04:01 PM] (74) |
Aug 12, 2021 | 32 | ORDER granting motion to extend time to file brief [31] to the extent that Implicit's response and reply brief is due no later than October 18, 2021. Service as of this date by the Clerk of Court. [792283] [LMS] [Entered: 08/12/2021 01:55 PM] (2) |
Jul 30, 2021 | 31 | MOTION of Appellant Implicit, LLC to extend the time to 10/18/2021 to file brief. Service: 07/30/2021 by email. [789559] [20-1976] [J. McCorquindale] [Entered: 07/30/2021 10:04 AM] (12) |
Jul 8, 2021 | 30 | MODIFIED ENTRY: RESPONSE BRIEF FILED by Cross-Appellant NetScout Systems, Inc.. Service: 07/08/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [785099] --[Edited 07/12/2021 by KMH - compliance review complete] [Eric Buresh] [Entered: 07/08/2021 04:55 PM] (88) |
May 3, 2021 | 29 | **TEXT ONLY** ORDER granting motion to extend time to file brief [27] filed by Cross-Appellant NetScout Systems, Inc. The response brief is due 07/08/2021. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [772447] [KMH] [Entered: 05/03/2021 11:04 AM] (0) |
Apr 30, 2021 | 28 | Amended Certificate of Interest for Appellant Implicit, LLC. Service: 04/30/2021 by email. [772342] [20-1976] [Robert Shaffer] [Entered: 04/30/2021 02:07 PM] (4) |
Apr 29, 2021 | 27 | MOTION of Cross-Appellant NetScout Systems, Inc. to extend time. Service: 04/29/2021 by email. [772025] [20-1976] [Eric Buresh] [Entered: 04/29/2021 12:17 PM] (9) |
Apr 22, 2021 | 26 | Official caption revised to reflect non-participation of Appellee Sandvine Corporation. (see attached). Service as of this date by the Clerk of Court. [770619] [KMH] [Entered: 04/22/2021 02:32 PM] (2) |
Apr 13, 2021 | 25 | MODIFIED ENTRY: OPENING BRIEF FILED by Appellant Implicit, LLC. Service: 04/13/2021 by email. Unless ordered otherwise, any responsive deadline runs from the date of service of this brief. See Fed. Cir. R. 31. [768403] --[Edited 04/22/2021 by KMH - compliance review complete] [Robert Shaffer] [Entered: 04/13/2021 04:28 PM] (223) |
Feb 9, 2021 | 24 | ORDER granting motion to extend time to file brief [23] filed by Appellant Implicit, LLC. The opening brief is due 04/13/2021. Service as of this date by the Clerk of Court. [754666] [LMS] [Entered: 02/09/2021 07:33 AM] (2) |
Feb 3, 2021 | 23 | MOTION of Appellant Implicit, LLC to extend the time to 04/13/2021 to file brief. Service: 02/03/2021 by email. [753704] [20-1976] [Robert Shaffer] [Entered: 02/03/2021 01:41 PM] (11) |
Nov 18, 2020 | 22 | ORDER granting motion [21] to the extent that Implicit must submit its opening brief no later than March 8, 2021. Service as of this date by the Clerk of Court. [736771] [NL] [Entered: 11/18/2020 05:09 PM] (2) |
Nov 10, 2020 | 21 | MOTION of Appellant Implicit, LLC to extend the time to 03/08/2021 to file brief. Service: 11/10/2020 by email. [734900] [20-1976] [Robert Shaffer] [Entered: 11/10/2020 09:33 PM] (11) |
Nov 4, 2020 | 20 | Amended Certificate of Interest for Appellant Implicit, LLC. Service: 11/04/2020 by email. [733699] [20-1976] [J. McCorquindale] [Entered: 11/04/2020 04:49 PM] (4) |
Nov 4, 2020 | 19 | Amended Entry of appearance for Robert F. Shaffer; J. Derek McCorquindale; Jason L. Romrell as counsel for Appellant Implicit, LLC. Service: 11/04/2020 by email. [733697] [20-1976] [J. McCorquindale] [Entered: 11/04/2020 04:48 PM] (2) |
Sep 30, 2020 | 18 | ORDER granting motions [16] [17]. Implicit must submit an entry of appearance designating principal counsel in these appeals as well as an opening brief no later than December 7, 2020. Service as of this date by the Clerk of Court. [725382] [20-1976, 20-2045] [NL] [Entered: 09/30/2020 10:17 AM] (2) |
Sep 25, 2020 | 17 | MOTION of Appellant Implicit, LLC to extend the time to 12/07/2020 to file brief. [Consent: unopposed]. Service: 09/25/2020 by email. [724644] [20-1976] [Christian Hurt] [Entered: 09/25/2020 06:20 PM] (8) |
Sep 25, 2020 | 16 | MOTION of Appellant Implicit, LLC to withdraw counsel Christian J. Hurt and the Davis Firm, P.C. [Consent: unopposed]. Service: 09/25/2020 by email. [724643] [20-1976] [Christian Hurt] [Entered: 09/25/2020 06:11 PM] (8) |
Aug 25, 2020 | 15 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: Doc No. [13], ERROR: The document includes an incomplete Certificate of Interest. CORRECTION: For future filings, please include item #6. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [717306] [KMH] [Entered: 08/25/2020 11:21 AM] (0) |
Aug 25, 2020 | 14 | **TEXT ONLY** ORDER granting motion to extend time to file brief [13] filed by Appellant Implicit, LLC. The opening brief is due 10/08/2020. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [717303] [KMH] [Entered: 08/25/2020 11:17 AM] (0) |
Aug 24, 2020 | 13 | MOTION of Appellant Implicit, LLC to extend the time to 10/08/2020 to file the Opening Brief. [Consent: unopposed]. Service: 08/24/2020 by email. [716959] [20-1976] [Christian Hurt] [Entered: 08/24/2020 01:28 PM] (8) |
Aug 7, 2020 | 12 | Notice to Appellee Sandvine Corporation: The record of this case indicates that no Entry of Appearance under FCR 47.3(b) has been filed. Failure to file required documents may result in adverse action. See FCR 25(h). Service as of this date by the Clerk of Court. [713321] [CAB] [Entered: 08/07/2020 11:44 AM] (0) |
Jul 27, 2020 | 11 | Official caption revised to reflect Cross-appeal 20-2045. (see attached). Service as of this date by the Clerk of Court. [710119] [KMH] [Entered: 07/27/2020 10:41 AM] (2) |
Jul 27, 2020 | 10 | Note to File: The following cases are consolidated: 20-1976 Lead with 20-2045 Cross-Appeal. The parties must file all documents in the lead appeal only. [710118] [KMH] [Entered: 07/27/2020 10:39 AM] (0) |
Jul 22, 2020 | 9 | Docketing Statement for the Appellant Implicit, LLC. Service: 07/22/2020 by email. [709423] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:23 PM] (3) |
Jul 22, 2020 | 8 | Certificate of Interest for Appellant Implicit, LLC. Service: 07/22/2020 by email. [709422] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:20 PM] (4) |
Jul 22, 2020 | 7 | Entry of appearance for Christian J. Hurt as counsel for Appellant Implicit, LLC. Service: 07/22/2020 by email. [709421] [20-1976] [Christian Hurt] [Entered: 07/22/2020 07:17 PM] (2) |
Jul 22, 2020 | 6 | Note to File: The following cases shall be considered companion cases and assigned to the same merits panel: 20-1362 and 20-1976. [709317] [20-1362, 20-1976] [EKD] [Entered: 07/22/2020 03:10 PM] (0) |
Jul 17, 2020 | 5 | Corrected Docketing Statement for the Appellee NetScout Systems, Inc.. Service: 07/17/2020 by email. [708211] [20-1976] [Eric Buresh] [Entered: 07/17/2020 09:48 AM] (3) |
Jul 16, 2020 | 4 | Docketing Statement for the Appellee NetScout Systems, Inc.. Service: 07/16/2020 by email. [708118] [20-1976] [Eric Buresh] [Entered: 07/16/2020 03:36 PM] (3) |
Jul 16, 2020 | 3 | Certificate of Interest for Appellee NetScout Systems, Inc.. Service: 07/16/2020 by email. [708116] [20-1976] [Eric Buresh] [Entered: 07/16/2020 03:34 PM] (4) |
Jul 16, 2020 | 2 | Entry of appearance for Eric A. Buresh as counsel for Appellee NetScout Systems, Inc. Service: 07/16/2020 by email. [708112] [20-1976] --[Edited 07/30/2020 by CAB to add party filer] [Eric Buresh] [Entered: 07/16/2020 03:09 PM] (2) |
Jul 9, 2020 | 1 | Appeal docketed. Received: 07/06/2020. [706437]Entry of Appearance is due on 07/23/2020. Certificate of Interest is due on 07/23/2020. Docketing Statement is due on 07/23/2020. Appellant's brief is due on 09/08/2020. [EKD] [Entered: 07/09/2020 03:16 PM] (83) |