Case number 1:21-cv-00461
International Business Machines Corporation v. Rakuten, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Oct 11, 2023 | 425 | REDACTED VERSION of 409 Letter, to The Honorable Gregory B. Williams regarding Defendants' Motion to Strike - re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Schladweiler, Benjamin) (Entered: 10/11/2023) (0) |
| Oct 5, 2023 | 424 | STATEMENT re 422 Notice (Other), Response to Notice of Subsequent Fact by International Business Machines Corporation. (Moore, David) (Entered: 10/05/2023) (2) |
| Oct 4, 2023 | 423 | REDACTED VERSION of 419 Letter, to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Reply in Support of Defendants' Motion to Strike - re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Schladweiler, Benjamin) (Entered: 10/04/2023) (0) |
| Oct 3, 2023 | 422 | [SEALED] NOTICE of Subsequent Fact in further support of Defendants' Motion to Strike Portions of Mr. Persechini's Rebuttal Report by Ebates Performance Marketing, Inc., Rakuten, Inc. re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini (Attachments: # 1 Exhibit A)(Schladweiler, Benjamin) (Entered: 10/03/2023) (0) |
| Oct 2, 2023 | 420 | NOTICE requesting Clerk to remove Jade Li-Yu Chen as co-counsel. Reason for request: no longer with the firm. (Schladweiler, Benjamin) (Entered: 10/02/2023) (2) |
| Oct 2, 2023 | 421 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding sur-reply to Defendants Rakuten's reply letter in support of their Motion to Strike - re 419 Letter,. (Palapura, Bindu) (Entered: 10/02/2023) (0) |
| Sep 25, 2023 | 418 | REDACTED VERSION of 416 Letter, to The Honorable Gregory B. Williams from Bindu A. Palapura re: Motion to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-13)(Palapura, Bindu) (Entered: 09/25/2023) (0) |
| Sep 25, 2023 | 419 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Reply in Support of Defendants' Motion to Strike - re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Schladweiler, Benjamin) (Entered: 09/25/2023) (0) |
| Sep 18, 2023 | 417 | STIPULATION TO EXTEND TIME Briefing for Motion to Strike to Reply is extended to September 25, 2023 and Sur-Reply is extended to October 2, 2023 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 09/18/2023) (2) |
| Sep 14, 2023 | 416 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura - re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini. (Attachments: # 1 [SEALED] Exhibits 1-13)(Palapura, Bindu) (Main Document 416 replaced on 9/14/2023) (ntl). (Entered: 09/14/2023) (0) |
| Sep 13, 2023 | 415 | STIPULATION Concerning Briefing on Motion to Strike re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 09/13/2023) (3) |
| Sep 7, 2023 | 414 | NOTICE OF SERVICE of Rebuttal Expert Report Regarding Commercial Success Of Dominic M. Persechini, M.B.A. [Highly Confidential-Attorneys' Eyes Only]; Reply Expert Report Of Dominic M. Persechini, M.B.A. [Highly Confidential-Attorneys' Eyes Only]; and Reply Expert Report Of Dr. Paul Clark Regarding Invalidity Of U.S. Patent No. 6,697,861 [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 09/07/2023) (2) |
| Sep 6, 2023 | 412 | ORDER re 410 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Strike (DI 408) filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/6/23. (ntl) (Entered: 09/06/2023) (1) |
| Sep 6, 2023 | 413 | NOTICE OF SERVICE of Reply Expert Report Of Douglas C. Schmidt [Highly Confidential-Attorneys' Eyes Only-Source Code] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 09/06/2023) (2) |
| Sep 5, 2023 | 410 | Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Strike (DI 408) - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 09/05/2023) (0) |
| Sep 5, 2023 | 411 | NOTICE OF SERVICE of (1) the Reply Expert Report of Robert L. Vigil, Ph.D., (2) the Reply Expert Report of Kevin C. Almeroth, Ph.D. on Invalidity of U.S. Patent No. 7,072,849, and (3) the Reply Expert Report of Kevin C. Almeroth, Ph.D. on Infringement of U.S. Patent No. 6,697,861 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 09/05/2023) (3) |
| Aug 31, 2023 | 408 | MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 [Proposed] Order)(Schladweiler, Benjamin) (Entered: 08/31/2023) (0) |
| Aug 31, 2023 | 409 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendants' Motion to Strike - re 408 MOTION to Strike Portions of the Rebuttal Expert Report of Dominic M. Persechini. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Schladweiler, Benjamin) (Entered: 08/31/2023) (0) |
| Aug 25, 2023 | 406 | REDACTED VERSION of 399 Letter,, to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendants' Response to Plaintiff International Business Machines Corporation's Motion to Strike Certain Opinions of Dr. Almeroth by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Schladweiler, Benjamin) (Entered: 08/25/2023) (0) |
| Aug 25, 2023 | 407 | REDACTED VERSION of 404 Letter, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-3)(Palapura, Bindu) (Entered: 08/25/2023) (0) |
| Aug 21, 2023 | 405 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding request for the scheduling of a teleconference - re 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions. (Moore, David) (Entered: 08/21/2023) (1) |
| Aug 17, 2023 | 404 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding reply in support of IBM's Motion to Strike - re 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions. (Attachments: # 1 Exhibit 1-3)(Palapura, Bindu) (Entered: 08/17/2023) (0) |
| Aug 15, 2023 | 402 | NOTICE OF SERVICE of Rebuttal Expert Report Of Dr. Paul Clark Re Non-Infringement Of U.S. Patent No. 6,697,861 [Highly Confidential-Attorneys' Eyes Only]; Rebuttal Expert Report Of Dominic M. Persechini [Highly Confidential-Attorneys' Eyes Only]; and Rebuttal Expert Report Of Douglas C. Schmidt [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 08/15/2023) (2) |
| Aug 15, 2023 | 403 | NOTICE OF SERVICE of (1) Expert Report of Robert L. Vigil, Ph.D. regarding Commercial Success, (2) Rebuttal Expert Report of Robert L. Vigil, Ph.D. and (3) Expert Report of Kevin C. Almeroth, Ph.D. on Non-Infringement of U.S. Patent No. 7,072,849 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 08/15/2023) (3) |
| Aug 14, 2023 | 401 | ORDER granting 400 Unopposed MOTION for Extension of Time to File Reply as to 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions. Plaintiff shall have until 8/17/2023 to reply. Signed by Judge Gregory B. Williams on 8/14/2023. (etg) (Entered: 08/14/2023) (1) |
| Aug 9, 2023 | 400 | Unopposed MOTION for Extension of Time to File Response/Reply as to 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 08/09/2023) (0) |
| Aug 8, 2023 | 399 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendants' Response to Plaintiff International Business Machines Corporation's Motion to Strike Certain Opinions of Dr. Almeroth. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Schladweiler, Benjamin) Modified on 8/9/2023 (ntl). (Main Document 399 replaced on 8/9/2023) (ntl). (Main Document 399 replaced on 8/18/2023) (ntl). (Entered: 08/08/2023) (0) |
| Aug 4, 2023 | 398 | REDACTED VERSION of 389 Letter, to the Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendant Debates Performance Marketing, Inc.'s Motion to Strike Dr. Clark's New § 101 Opinions and Motion for Fees and Costs by Ebates Performance Marketing, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schladweiler, Benjamin) (Entered: 08/04/2023) (0) |
| Aug 2, 2023 | 397 | REDACTED VERSION of 394 Letter, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-9)(Palapura, Bindu) (Entered: 08/02/2023) (0) |
| Jul 28, 2023 | 396 | Unopposed MOTION for Extension of Time to File Response/Reply as to 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 07/28/2023) (0) |
| Jul 27, 2023 | 395 | REDACTED VERSION of 387 Letter, to The Honorable Gregory B. Williams from Bindu A. Palapura regarding response to Defendant Ebates Performance Marketing, Inc. dba Rakuten Rewards' Motion to Strike IBM's Supplemental Responses to Interrogatory 11 by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-7)(Palapura, Bindu) (Entered: 07/27/2023) (0) |
| Jul 26, 2023 | 393 | MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 07/26/2023) (0) |
| Jul 26, 2023 | 394 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding IBM's Motion to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions - re 393 MOTION to Strike Dr. Almeroth's New Alleged Non-Infringing Alternatives and Infringement Opinions. (Attachments: # 1 Exhibit 1-9 [SEALED])(Palapura, Bindu) (Entered: 07/26/2023) (0) |
| Jul 24, 2023 | 390 | NOTICE of Withdrawal by Ebates Performance Marketing, Inc. re 388 MOTION to Strike Dr. Clark's New § 101 Opinions and Motion for Fees and Costs (Schladweiler, Benjamin) (Entered: 07/24/2023) (3) |
| Jul 24, 2023 | 391 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Reply in Support of Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Interrogatory Responses. (Attachments: # 1 Exhibit 1)(Schladweiler, Benjamin) (Entered: 07/24/2023) (0) |
| Jul 24, 2023 | 392 | Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding request for scheduling of a teleconference - re 381 MOTION to Strike Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Responses to Interrogatory 11. (Schladweiler, Benjamin) (Entered: 07/24/2023) (1) |
| Jul 20, 2023 | 387 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding response to Defendant Ebates Performance Marketing, Inc. dba Rakuten Rewards' Motion to Strike IBM's Supplemental Responses to Interrogatory 11 - re 382 Letter,,. (Attachments: # 1 Exhibit 1-7)(Palapura, Bindu) (Entered: 07/20/2023) (0) |
| Jul 20, 2023 | 388 | MOTION to Strike Dr. Clark's New § 101 Opinions and Motion for Fees and Costs - filed by Ebates Performance Marketing, Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 07/20/2023) (0) |
| Jul 20, 2023 | 389 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendant Ebates Performance Marketing, Inc.'s Motion to Strike Dr. Clark's New § 101 Opinions and Motion for Fees and Costs - re 388 MOTION to Strike Dr. Clark's New § 101 Opinions and Motion for Fees and Costs. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schladweiler, Benjamin) (Entered: 07/20/2023) (0) |
| Jul 17, 2023 | 384 | NOTICE OF SERVICE of Opening Expert Report of Douglas C. Schmidt [Highly Confidential-Attorneys' Eyes Only-Source Code]; Opening Expert Report of Dr. Paul Clark Regarding Invalidity of U.S. Patent No. 6,697,861 [Highly Confidential-Attorneys' Eyes Only]; and Opening Expert Report of Dominic M. Persechini [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 07/17/2023) (2) |
| Jul 17, 2023 | 385 | NOTICE OF SERVICE of (1) the Expert report of Robert L. Vigil, Ph.D., (2) the Expert report of Kevin C. Almeroth, Ph.D. on Infringement of U.S. Patent No. 6,697,861 and (3) the Expert report of Kevin C. Almeroth, Ph.D. on Invalidity of U.S. Patent No. 7,072,849 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 07/17/2023) (3) |
| Jul 17, 2023 | 386 | REDACTED VERSION of 382 Letter,, to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Responses to Interrogatory 11 by Ebates Performance Marketing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Schladweiler, Benjamin) (Entered: 07/17/2023) (0) |
| Jul 7, 2023 | 383 | STIPULATION TO EXTEND TIME regarding (1) Deadline to serve initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony; and (2) IBM's deadline to file responsive letter opposing EPMI's Motion to Strike to (1) July 13, 2023 and (2) July 20, 2023 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Main Document 383 replaced on 7/7/2023) (ntl). (Entered: 07/07/2023) (2) |
| Jul 6, 2023 | 381 | MOTION to Strike Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Responses to Interrogatory 11 - filed by Ebates Performance Marketing, Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 07/06/2023) (0) |
| Jul 6, 2023 | 382 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Responses to Interrogatory 11 - re 381 MOTION to Strike Defendant Ebates Performance Marketing, Inc.'s Motion to Strike IBM's Supplemental Responses to Interrogatory 11. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Schladweiler, Benjamin) (Entered: 07/06/2023) (0) |
| Jul 5, 2023 | 379 | MEMORANDUM ORDER: 1. IBM's Motion to Stay (D.I. 250) is GRANTED and Rakuten's Cross-Motion to Stay All Claims (D.I. 263) is DENIED. The litigation is stayed with respect to the '960 and '968 patents pending the issuance of final written decisions in the IPR proceedings. 2. IBM's Motion for Judgment on the Pleadings (D.I. 217) is DENIED with respect to the '861 patent and DENIED WITHOUT PREJUDICE to renew upon the lifting of the stay with respect to the '960 and '968 patents. Signed by Judge Gregory B. Williams on 7/5/23. (ntl) (Entered: 07/05/2023) (12) |
| Jul 5, 2023 | 380 | NOTICE OF SERVICE of IBM's Final Election of Asserted Prior Art filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 07/05/2023) (2) |
| Jun 30, 2023 | 377 | NOTICE requesting Clerk to remove Edward Geist as co-counsel. Reason for request: no longer with the firm of Desmarais LLP. (Moore, David) (Entered: 06/30/2023) (2) |
| Jun 30, 2023 | 378 | NOTICE OF SERVICE of Defendants' Final Election of Prior Art filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/30/2023) (3) |
| Jun 27, 2023 | 376 | NOTICE of Defendant Ebates Performance Marketing, Inc.'s Subsequent Fact and Response to Plaintiff's Notice of Subsequent Developments by Ebates Performance Marketing, Inc. re 375 Notice (Other) (Schladweiler, Benjamin) (Entered: 06/27/2023) (4) |
| Jun 26, 2023 | 375 | NOTICE of Subsequent Developments by International Business Machines Corporation (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 06/26/2023) (0) |
| Jun 23, 2023 | 374 | NOTICE OF SERVICE of Defendant Rakuten, Inc.'s Objections and Responses to Plaintiff's Supplemental Notice of Taking 30(b)(6) Deposition (Deposition Topic Nos. 84-87 and 89-94) filed by Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/23/2023) (3) |
| Jun 21, 2023 | 373 | STIPULATION and [Proposed] Order Governing Asserted Claims and Prior Art References by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 06/21/2023) (3) |
| Jun 15, 2023 | 372 | NOTICE requesting Clerk to remove Allan Kassenoff as co-counsel.. (Schladweiler, Benjamin) (Entered: 06/15/2023) (2) |
| Jun 13, 2023 | 370 | NOTICE to Take Deposition of Makoto Watanabe on July 12, 2023 (Amended Notice) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 06/13/2023) (3) |
| Jun 13, 2023 | 371 | NOTICE OF SERVICE of (1) Defendants' Final Invalidity Contentions and (2) Defendants' Objections and Responses to Plaintiff's Requests for Admissions to Defendants filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/13/2023) (3) |
| Jun 12, 2023 | 368 | Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding the parties' June 2 and June 7 letters requesting a discovery dispute conference and the Court's June 5 Oral Order. (Schladweiler, Benjamin) (Entered: 06/12/2023) (1) |
| Jun 12, 2023 | 369 | NOTICE OF SERVICE of Plaintiff's Second Amended Initial Disclosures Pursuant To Fed. R. Civ. P. 26, Plaintiff's Objections And Responses To Defendants' Second Set Of Interrogatories (Nos. 16-23), Plaintiff's Objections And Responses To Defendants' Second Set Of Requests For Admission (Nos. 8-15), and IBM's Supplemental Responses To Rakuten's Interrogatories Nos. 1, 5, 6, 7, 10, 11, and 14 To IBM [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 06/12/2023) (2) |
| Jun 9, 2023 | 366 | NOTICE OF SERVICE of Defendants' Third Amended Initial Disclosures filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/09/2023) (3) |
| Jun 9, 2023 | 367 | NOTICE OF SERVICE of (1) Defendants' Second Supplemental Objections and Responses to IBM's Second Set of Interrogatories, (2) Defendants' Second Supplemental Objections and Responses to IBMs Third Set of Interrogatories, and (3) Defendants' First Supplemental Objections and Responses to IBMs Fourth Set of Interrogatories filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/09/2023) (3) |
| Jun 8, 2023 | 364 | NOTICE to Take Deposition of Brian Arnett on June 9, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/08/2023) (2) |
| Jun 8, 2023 | 365 | NOTICE OF SERVICE of Counterclaim-Defendant IBM's Final Invalidity Contentions With Exhibits [Exhibit A-2 Is Marked Highly Confidential-Attorneys' Eyes Only Under The Protective Order] filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 06/08/2023) (2) |
| Jun 7, 2023 | 363 | Joint Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding the parties request for scheduling of a discovery teleconference. (Schladweiler, Benjamin) (Entered: 06/07/2023) (2) |
| Jun 5, 2023 | 360 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 358), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Wednesday, June 14, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than 5:00 p.m. on Friday, June 16, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. If the Court determines that the dispute cannot be resolved based on the parties' letter submissions, the Court will schedule a discovery teleconference at a later date. ORDERED by Judge Gregory B. Williams on 6/5/23. (etg) (Entered: 06/05/2023) (0) |
| Jun 5, 2023 | 361 | NOTICE to Take Deposition of Tamas Baranyai on June 6, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/05/2023) (2) |
| Jun 5, 2023 | 362 | NOTICE to Take Deposition of Jean Schunck on June 6, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/05/2023) (2) |
| Jun 2, 2023 | 359 | NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Fourth Set of Interrogatories (Nos. 21-22) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/02/2023) (3) |
| Jun 1, 2023 | 355 | NOTICE to Take Deposition of Chris Meenan on 6/1/2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 06/01/2023) (2) |
| Jun 1, 2023 | 356 | MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 6/1/23. (ntl) (Entered: 06/01/2023) (32) |
| Jun 1, 2023 | 357 | ORDER re 356 Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 6/1/23. (ntl) (Entered: 06/01/2023) (6) |
| Jun 1, 2023 | 358 | Joint Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding the parties request for the scheduling of a discovery teleconference. (Palapura, Bindu) (Entered: 06/01/2023) (2) |
| May 30, 2023 | 354 | NOTICE to Take Deposition of Andy Stanford-Clark on May 31, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/30/2023) (2) |
| May 25, 2023 | 353 | NOTICE OF SERVICE of IBM's Final Infringement Contentions; Exs. A-B [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 05/25/2023) (2) |
| May 24, 2023 | 352 | NOTICE OF SERVICE of Ebates Performance Marketing, Inc. DBA Rakuten Rewards' Final Infringement Contentions filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 05/24/2023) (3) |
| May 22, 2023 | 351 | NOTICE to Take Deposition of Thomas McBride on May 24, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/22/2023) (2) |
| May 18, 2023 | 349 | MOTION for Pro Hac Vice Appearance of Attorney Maja Sherman, Esq. - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Certification by Counsel to be admitted Pro Hac Vice)(Schladweiler, Benjamin) (Entered: 05/18/2023) (0) |
| May 18, 2023 | 350 | NOTICE OF SERVICE of Plaintiff IBM's Objections And Responses To Defendants Rakuten, Inc. And Ebates Performance Marketing, Inc. dba Rakuten Rewards' Supplemental Rule 30(b)(6) Notice Of Taking Deposition [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 05/18/2023) (2) |
| May 17, 2023 | 347 | NOTICE to Take Deposition of Mark Phillips on May 18, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/17/2023) (2) |
| May 17, 2023 | 348 | NOTICE OF SERVICE of Defendant Ebates Performance Marketing, Inc. dba Rakuten Rewards' Objections and Responses to Plaintiff's Supplemental Notice of Taking 30(b)(6) Deposition filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 05/17/2023) (3) |
| May 16, 2023 | 345 | NOTICE to Take Deposition of Kitab James on May 19, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/16/2023) (2) |
| May 16, 2023 | 346 | NOTICE OF SERVICE of IBM's Objections and Responses to Defendants' First Set of Requests for Admission (Nos. 1-7) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 05/16/2023) (2) |
| May 11, 2023 | 344 | DEPOSITION ORDER re 339 Joint STIPULATION Regarding [Proposed] Deposition Order filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 5/10/23. (ntl) (Entered: 05/11/2023) (3) |
| May 10, 2023 | 341 | NOTICE OF SERVICE of Defendant Rakuten, Inc.'s Objections and Responses to Plaintiff's Amended Notice of Taking 30(b)(6) Deposition (Deposition Topic Nos. 1-41 and 58-83) filed by Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/10/2023) (3) |
| May 10, 2023 | 342 | NOTICE OF SERVICE of (1) Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards Second Set of Interrogatories to IBM, and (2) Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards Second Set of Requests for Admission to IBM filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/10/2023) (3) |
| May 10, 2023 | 343 | NOTICE OF SERVICE of Defendant Rakuten, Inc.'s Objections and Responses to Plaintiff's Supplemental Notice of Taking 30(b)(6) Deposition (Deposition Topic Nos. 88 and 91) filed by Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 05/10/2023) (3) |
| May 9, 2023 | 339 | Joint STIPULATION Regarding [Proposed] Deposition Order by International Business Machines Corporation. (Attachments: # 1 Exhibit A)(Palapura, Bindu) (Entered: 05/09/2023) (0) |
| May 9, 2023 | 340 | NOTICE OF SERVICE of IBM's First Set of Requests for Admission to Defendants (Nos. 1-40), Supplemental Notice of Taking 30(b)(6) Deposition to Defendant Ebates Performance Marketing, Inc. dba Rakuten Rewards, and Supplemental Notice of Taking 30(b)(6) Deposition to Defendant Rakuten, Inc. filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 05/09/2023) (2) |
| May 8, 2023 | 337 | NOTICE OF SERVICE of IBM's Fifth Set of Interrogatories to Defendants (Nos. 23-25) filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 05/08/2023) (2) |
| May 8, 2023 | 338 | MOTION for Pro Hac Vice Appearance of Attorney Lindsey E. Miller of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 05/08/2023) (2) |
| May 5, 2023 | 336 | Supplemental NOTICE of Taking 30(b)(6) Deposition of International Business Machines Corporation by Ebates Performance Marketing, Inc., Rakuten, Inc. (Schladweiler, Benjamin) (Entered: 05/05/2023) (5) |
| May 4, 2023 | 335 | NOTICE OF SERVICE of IBM's Fourth Set of Interrogatories to Defendants (Nos. 21-22) filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 05/04/2023) (2) |
| May 3, 2023 | 334 | NOTICE OF SERVICE of IBM's First Supplemental Responses to Rakuten's Interrogatories Nos. 5, 6, 7, 11, and 14 to IBM filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 05/03/2023) (2) |
| May 1, 2023 | 332 | NOTICE OF SERVICE of IBM's Second Amended Identification of Accused Products filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 05/01/2023) (2) |
| May 1, 2023 | 333 | NOTICE OF SERVICE of Counterclaim-Defendant IBM's Amended Invalidity Contentions filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 05/01/2023) (2) |
| Apr 28, 2023 | 330 | STIPULATION TO EXTEND TIME of Final Identification of Invalidity References to June 7, 2023 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 04/28/2023) (2) |
| Apr 28, 2023 | 331 | NOTICE OF SERVICE of Ebates Performance Marketing, Inc. DBA Rakuten Rewards Final Identification of Accused Products and Asserted Patents filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 04/28/2023) (3) |
| Apr 24, 2023 | 323 | NOTICE to Take Deposition of Bill Keenan on April 27, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 324 | NOTICE to Take Deposition of Noriel Cunanan on April 28, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 325 | NOTICE to Take Deposition of Ari Hirbod on May 1, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 326 | NOTICE to Take Deposition of Runar Olson on May 11, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 327 | NOTICE to Take Deposition of Makoto Watanabe on May 17, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 328 | NOTICE to Take Deposition of Joji John on May 24, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 24, 2023 | 329 | NOTICE to Take Deposition of Gregg Kaplan on May 25, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/24/2023) (2) |
| Apr 20, 2023 | 320 | Letter to the Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding Defendants' supplemental response to the Court's March 30, 2023 Order. (Schladweiler, Benjamin) (Entered: 04/20/2023) (2) |
| Apr 20, 2023 | 321 | NOTICE OF SERVICE of Defendant Ebates Performance Marketing, Inc. DBA Rakuten Rewards' Objections and Responses to Plaintiff's Amended Notice of Taking 30(b)(6) Deposition (Deposition Topic Nos. 1-38 and 55-82) filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 04/20/2023) (3) |
| Apr 19, 2023 | 319 | NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Fourth Set of Requests for Production (Nos. 93-113) filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 04/19/2023) (2) |
| Apr 17, 2023 | 318 | NOTICE OF SERVICE of Subpoena to Tenable Inc. filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Exhibit Subpoena to Tenable Inc. with attachments)(Schladweiler, Benjamin) (Entered: 04/17/2023) (0) |
| Apr 14, 2023 | 317 | NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. DBA Rakuten Rewards First Set of Requests for Admission to International Business Machines Corporation (Nos. 1-7) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 04/14/2023) (3) |
| Apr 13, 2023 | 316 | Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding Defendants' response to the Court's March 30, 2023 Order. (Schladweiler, Benjamin) (Entered: 04/13/2023) (1) |
| Apr 12, 2023 | 312 | NOTICE OF SERVICE of Notice of Deposition of Kentaro Hyakuno filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 04/12/2023) (2) |
| Apr 12, 2023 | 313 | MOTION for Pro Hac Vice Appearance of Attorney Michael Wueste of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 04/12/2023) (2) |
| Apr 12, 2023 | 314 | Letter to the Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding Defendant Ebates Performance Marketing, Inc.'s Response to the Court's April 4, 2023 Oral Order (D.I. 309) - re 309 Order,. (Schladweiler, Benjamin) (Entered: 04/12/2023) (3) |
| Apr 12, 2023 | 315 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding response to the Court's April 4, 2023 Oral Order - re 309 Order,. (Moore, David) (Entered: 04/12/2023) (3) |
| Apr 10, 2023 | 311 | REDACTED VERSION of 305 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-19, # 2 Text of Proposed Order)(Moore, David) (Entered: 04/10/2023) (0) |
| Apr 6, 2023 | 310 | STIPULATION TO EXTEND TIME to file (1) Plaintiff's Final Infringement Contentions, and (2) Defendants' Final Invalidity Contentions to (1) May 24, 2023, and (2) June 7, 2023 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 04/06/2023) (2) |
| Apr 4, 2023 | 307 | Official Transcript of Hearing via Telephone held on March 30, 2023, before Judge Williams. Court Reporter Veritext, 215-241-1000. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (rcl) (Entered: 04/04/2023) (37) |
| Apr 4, 2023 | 308 | NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Third Set of Requests for Production (Nos. 86-92) filed by International Business Machines Corporation.(Moore, David) (Entered: 04/04/2023) (2) |
| Apr 4, 2023 | 309 | ORAL ORDER: For purposes of analyzing Plaintiff International Business Machines Corporation's pending Motion for Judgment on the Pleadings, D.I. 217, IT IS HEREBY ORDERED that, no later than Wednesday, April 12, 2023, each side shall file a one (1) page letter identifying which U.S. Supreme Court or Federal Circuit case(s) it contends is most similar to the patent(s)-at-issue. ORDERED by Judge Gregory B. Williams on 4/4/23. (ntl) (Entered: 04/04/2023) (0) |
| Apr 3, 2023 | 306 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding opposition to IBM's March 31, 2023 discovery dispute letter - re 305 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schladweiler, Benjamin) (Entered: 04/03/2023) (0) |
| Mar 31, 2023 | 303 | ORAL ORDER: IT IS HEREBY ORDERED that the transcript from the March 30, 2023 discovery teleconference shall serve as the Court's ruling resolving the discovery disputes relating to Plaintiff International Business Machines Corp.'s Request for Production No. 17 and Interrogatory No. 2. See D.I. 293, 296. ORDERED by Judge Gregory B. Williams on 3/31/23. (ntl) (Entered: 03/31/2023) (0) |
| Mar 31, 2023 | 304 | REDACTED VERSION of 296 Letter to the Honorable Gregory B. Williams regarding discovery dispute by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schladweiler, Benjamin) (Entered: 03/31/2023) (0) |
| Mar 31, 2023 | 305 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding opening discovery dispute letter brief. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1-19)(Moore, David) (Entered: 03/31/2023) (0) |
| Mar 30, 2023 | 302 | NOTICE OF SERVICE of Plaintiff's First Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 03/30/2023) (2) |
| Mar 29, 2023 | 297 | ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear Plaintiff International Business Machines Corporation's motion to compel, see D.I. 290, at the conclusion of the Markman hearing on April 4, 2023. IT IS FURTHER ORDERED that, not later than Friday, March 31, 2023, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Monday, April 3, 2023, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. ORDERED by Judge Gregory B. Williams on 3/29/23. (ntl) (Entered: 03/29/2023) (0) |
| Mar 29, 2023 | 298 | ORAL ORDER: In light of the parties withdrawing certain terms/term sets, D.I. 233; D.I. 234, IT IS HEREBY ORDERED that the Court will allocate 2.5 hours for the Markman hearing with the time to be split equally between the parties. Counsel is reminded that any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. ORDERED by Judge Gregory B. Williams on 3/29/23. (ntl) (Entered: 03/29/2023) (0) |
| Mar 29, 2023 | 299 | CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Amended Joint Claim Construction Chart)(Palapura, Bindu) (Entered: 03/29/2023) (0) |
| Mar 29, 2023 | 300 | REDACTED VERSION of 293 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-18)(Moore, David) (Entered: 03/29/2023) (0) |
| Mar 29, 2023 | 301 | NOTICE OF SERVICE of Defendants' Second Amended Initial Disclosures filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 03/29/2023) (3) |
| Mar 23, 2023 | 294 | NOTICE to Take Deposition of Yasufumi Hirai on March 29, 2023 (Amended Notice) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 03/23/2023) (3) |
| Mar 23, 2023 | 295 | NOTICE to Take Deposition of Hidemitsu Inamoto on March 30, 2023 (30(b)(6) Notice) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 03/23/2023) (30) |
| Mar 23, 2023 | 296 | [SEALED] Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler regarding discovery dispute - re 293 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Schladweiler, Benjamin) (Entered: 03/23/2023) (0) |
| Mar 22, 2023 | 293 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding opening discovery dispute letter brief. (Attachments: # 1 Exhibit 1-9, # 2 Exhibit 10-18)(Moore, David) (Entered: 03/22/2023) (0) |
| Mar 20, 2023 | 291 | NOTICE of Subsequent Authority by International Business Machines Corporation (Attachments: # 1 Exhibit 1-4)(Palapura, Bindu) (Entered: 03/20/2023) (0) |
| Mar 20, 2023 | 292 | NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' Fourth Set of Requests for the Production of Documents and Things to International Business Machines Corporation (Nos. 93-113) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 03/20/2023) (3) |
| Mar 15, 2023 | 289 | NOTICE OF SERVICE of Defendant Rakuten, Inc.'s Objections and Responses to Plaintiff's Amended Notice of Taking 30(b)(6) Deposition (Deposition Topic Nos. 42-57) filed by Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 03/15/2023) (3) |
| Mar 15, 2023 | 290 | Letter to The Honorable Gregory B. Williams from Bindu A. Palapura and Benjamin J. Schladweiler regarding the parties request for the scheduling of a discovery teleconference. (Palapura, Bindu) (Entered: 03/15/2023) (2) |
| Mar 13, 2023 | 288 | STATEMENT re 277 Notice (Other), [Plaintiff International Business Machines Corporation's Response to Defendant Rakuten's Notice of Subsequent Authority] by International Business Machines Corporation. (Palapura, Bindu) (Entered: 03/13/2023) (3) |
| Mar 10, 2023 | 277 | NOTICE of Subsequent Authority by Ebates Performance Marketing, Inc. re 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] (Attachments: # 1 Exhibit A)(Schladweiler, Benjamin) (Entered: 03/10/2023) (0) |
| Mar 10, 2023 | 278 | NOTICE to Take Deposition of Balasz Vida on April 13, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 279 | NOTICE to Take Deposition of Bill Looby on April 21, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 280 | NOTICE to Take Deposition of Ellen Knickle on April 10, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 281 | NOTICE to Take Deposition of Krisztian Benda on April 12, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 282 | NOTICE to Take Deposition of Robert Nyitrai on April 14, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 283 | NOTICE to Take Deposition of Szabolcs Heilig on April 11, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 284 | NOTICE to Take Deposition of Lauren Horaist on April 20, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 285 | NOTICE to Take Deposition of Tamas Baranyai on April 19, 2023 filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 286 | NOTICE to Take Deposition of Leann Pinto on April 18, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 10, 2023 | 287 | NOTICE to Take Deposition of Tom McBride on April 17, 2023 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 03/10/2023) (3) |
| Mar 9, 2023 | 275 | REPLY BRIEF re 250 MOTION to Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office filed by International Business Machines Corporation. (Moore, David) (Entered: 03/09/2023) (14) |
| Mar 9, 2023 | 276 | DECLARATION re 275 Reply Brief, [Declaration of Amy I. Wann] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-4)(Moore, David) (Entered: 03/09/2023) (0) |
| Mar 8, 2023 | 271 | NOTICE to Take Deposition of Bill Keenan on March 24, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 03/08/2023) (2) |
| Mar 8, 2023 | 272 | NOTICE to Take Deposition of Victor Nazareth on April 7, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 03/08/2023) (2) |
| Mar 8, 2023 | 273 | NOTICE of Issuance of Subpoenas upon Brian Glen Barnier, Thomas Terence Dean, Robert T. Fudge, Richard T. Madrid, Randy S. Mueller, and Yaodong (Terry) Yu by International Business Machines Corporation (Moore, David) (Entered: 03/08/2023) (30) |
| Mar 8, 2023 | 274 | NOTICE to Take Deposition of Makarand Kharche on April 6, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 03/08/2023) (2) |
| Mar 7, 2023 | 270 | ORAL ORDER: Having reviewed the parties' joint letter requesting a discovery teleconference (D.I. 266), IT IS HEREBY ORDERED that a discovery teleconference is scheduled for Thursday, March 30, 2023 at 4:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. By no later than 5:00 p.m. on Wednesday, March 22, 2023, Plaintiff shall file with the Court a letter, not to exceed three (3) pages and in no less than 12-point font, outlining its positions and reasons for its positions. By no later than 5:00 p.m. on Thursday, March 23, 2023, Defendants shall file a letter, not to exceed three (3) pages and in no less than 12-point font, outlining their positions and reasons for their positions. The parties shall provide the Court with two (2) courtesy paper copies of the respective letters with hard tabs inserted before any exhibits. ORDERED by Judge Gregory B. Williams on 3/7/23. (ntl) (Entered: 03/07/2023) (0) |
| Mar 3, 2023 | 269 | ANSWER to 254 Answer to Amended Complaint, Counterclaim by International Business Machines Corporation.(Brown, Andrew) (Entered: 03/03/2023) (6) |
| Mar 2, 2023 | 267 | STIPULATION TO EXTEND TIME for Plaintiff to file its reply brief in support of its Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter Partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office (D.I. 250), and Opposition to Defendant Rakutens Motion to Stay (D.I. 263) to March 9, 2023 - filed by International Business Machines Corporation. (Brown, Andrew) (Entered: 03/02/2023) (2) |
| Mar 2, 2023 | 268 | NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' Third Set of Requests for the Production of Documents and Things to International Business Machines Corporation (Nos. 86-92) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Main Document 268 replaced on 3/2/2023) (ntl). Modified on 3/2/2023 (ntl). (Entered: 03/02/2023) (3) |
| Mar 1, 2023 | 266 | Joint Letter to The Honorable Gregory B. Williams from David E. Moore regarding the parties request for the scheduling of a discovery teleconference. (Moore, David) (Entered: 03/01/2023) (2) |
| Feb 24, 2023 | 265 | DEPOSITION ORDER re 258 Joint STIPULATION Regarding [Proposed] Deposition Order filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 2/23/23. (ntl) (Entered: 02/24/2023) (3) |
| Feb 23, 2023 | 259 | NOTICE to Take Deposition of Gregg Dessen on March 9, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 02/23/2023) (2) |
| Feb 23, 2023 | 260 | NOTICE to Take Deposition of Jane Chun on March 10, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 02/23/2023) (2) |
| Feb 23, 2023 | 261 | NOTICE to Take Deposition of Tong-Mei Wu on March 13, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 02/23/2023) (2) |
| Feb 23, 2023 | 262 | NOTICE to Take Deposition of Mark Stange-Tregear on March 14, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 02/23/2023) (2) |
| Feb 23, 2023 | 263 | Cross MOTION to Stay --Defendants' Alternative Cross Motion to Stay All Claims - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Main Document 263 replaced on 2/24/2023) (ntl). (Entered: 02/23/2023) (3) |
| Feb 23, 2023 | 264 | ANSWERING BRIEF in Opposition re 250 MOTION to Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office and Brief in Support of Its Cross Motion, In The Alternative, to Stay All Patent Claims filed by Ebates Performance Marketing, Inc., Rakuten, Inc..Reply Brief due date per Local Rules is 3/2/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Schladweiler, Benjamin) (Entered: 02/23/2023) (0) |
| Feb 22, 2023 | 258 | Joint STIPULATION Regarding [Proposed] Deposition Order by International Business Machines Corporation. (Attachments: # 1 Exhibit A)(Moore, David) (Entered: 02/22/2023) (0) |
| Feb 16, 2023 | 257 | NOTICE OF SERVICE of Defendant Ebates Performance Marketing, Inc. dba Rakuten Rewards' Objections and Responses to Plaintiff's Amended Notice of Taking 30(b)(6) Deposition filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 02/16/2023) (3) |
| Feb 14, 2023 | 256 | NOTICE OF SERVICE of (1) Defendants First Supplemental Objections and Responses to International Business Machines Corporations Second Set of Interrogatories and (2) Defendants First Supplemental Objections and Responses to International Business Machines Corporations Third Set of Interrogatories filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 02/14/2023) (3) |
| Feb 10, 2023 | 253 | NOTICE OF SERVICE of IBM's First Supplemental Responses to Rakuten's Interrogatories Nos. 1, 8, 9, and 10 to IBM [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Moore, David) (Entered: 02/10/2023) (2) |
| Feb 10, 2023 | 254 | ANSWER to Amended Complaint, re: 70 Amended Complaint with Jury Demand , COUNTERCLAIM against International Business Machines Corporation by Rakuten, Inc., Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 02/10/2023) (30) |
| Feb 10, 2023 | 255 | Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 02/10/2023) (1) |
| Feb 9, 2023 | 249 | NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Fourth Set of Requests for Production of Documents filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 02/09/2023) (3) |
| Feb 9, 2023 | 250 | MOTION to Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 02/09/2023) (0) |
| Feb 9, 2023 | 251 | OPENING BRIEF in Support re 250 MOTION to Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 2/23/2023. (Moore, David) (Entered: 02/09/2023) (13) |
| Feb 9, 2023 | 252 | DECLARATION re 251 Opening Brief in Support, 250 MOTION to Stay Defendant Rakuten's Counterclaim Patents Pending Instituted Inter partes Review and Ex Parte Reexamination Proceedings Before the United States Patent and Trademark Office [Declaration of William A. Vieth] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-2)(Moore, David) (Entered: 02/09/2023) (0) |
| Feb 6, 2023 | 248 | NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Second Set of Requests for Production (Nos. 82-85) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 02/06/2023) (2) |
| Jan 19, 2023 | 247 | NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Amended Infringement Contentions filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 01/19/2023) (3) |
| Jan 13, 2023 | 241 | NOTICE to Take Deposition of Ebates Performance Marketing, Inc. dba Rakuten Rewards on January 31, 2023 (Amended Notice) filed by International Business Machines Corporation.(Palapura, Bindu) (Main Document 241 replaced on 1/17/2023) (srs). (Entered: 01/13/2023) (17) |
| Jan 13, 2023 | 242 | NOTICE to Take Deposition of Rakuten, Inc. on January 31, 2023 (Amended Notice) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/13/2023) (18) |
| Jan 13, 2023 | 243 | NOTICE to Take Deposition of Yasufumi Hirai on January 31, 2023 filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/13/2023) (3) |
| Jan 13, 2023 | 244 | NOTICE to Take Deposition of Noriel Cunanan on February 1, 2023 filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/13/2023) (2) |
| Jan 13, 2023 | 245 | NOTICE to Take Deposition of Benjamin Vogan on February 2, 2023 filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/13/2023) (2) |
| Jan 13, 2023 | 246 | Official Transcript of Oral Argument held on 12.13.2022 before Judge Gregory Williams. Court Reporter/Transcriber Michele Rolfe,Email: michele_rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 2/3/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/13/2023. (Rolfe, Michele) (Entered: 01/13/2023) (106) |
| Jan 11, 2023 | 240 | NOTICE OF SERVICE of IBM's Fourth Set of Requests for Production to Defendants (Nos. 103-121) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/11/2023) (2) |
| Jan 9, 2023 | 239 | ORAL ORDER: Due to a scheduling conflict, IT IS HEREBY ORDERED that the Markman hearing on January 12, 2023 at 10:00 am, in Courtroom 6B is rescheduled for April 4, 2023 at 10:00 am, in Courtroom 6B. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. ORDERED by Judge Gregory B. Williams on 1/9/23. (ntl) (Entered: 01/09/2023) (0) |
| Jan 6, 2023 | 237 | Amended JOINT CLAIM CONSTRUCTION BRIEF (Second Amended) filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 01/06/2023) (30) |
| Jan 6, 2023 | 238 | Joint APPENDIX re 237 Joint Claim Construction Brief [Revised] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-20, # 3 Exhibit 21-29, # 4 Exhibit 30-40)(Palapura, Bindu) (Entered: 01/06/2023) (0) |
| Jan 5, 2023 | 236 | REPLY BRIEF re 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] filed by International Business Machines Corporation. (Moore, David) (Entered: 01/05/2023) (14) |
| Jan 4, 2023 | 235 | NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' Second Set of Requests for the Production of Documents and Things to International Business Machines Corporation (Nos. 82-85) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 01/04/2023) (3) |
| Jan 3, 2023 | 234 | ORAL ORDER: IT IS HEREBY ORDERED that the Court will construe the terms/term sets listed in the parties' joint letter, D.I. 233, during the January 12, 2023 Markman hearing. No later than Friday, January 6, 2023, the parties shall file an Amended Joint Claim Construction Brief, which presents and addresses those terms/term sets the parties selected for construction by the Court in their joint letter, D.I. 233. Counsel is reminded to provide two (2) courtesy copies with hard tabs for any exhibits. The parties shall also provide the Court with electronic and hard copies of any presentation slides to be used during the Markman hearing by 10:00 a.m. on January 10, 2023. ORDERED by Judge Gregory B. Williams on 1/3/23. (ntl) (Entered: 01/03/2023) (0) |
| Dec 29, 2022 | 233 | Joint Letter to The Honorable Gregory B. Williams from David E. Moore regarding claim construction - re 230 Memorandum and Order,, 227 Joint Claim Construction Brief. (Moore, David) (Entered: 12/29/2022) (2) |
| Dec 27, 2022 | 232 | NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Amended Identification of Accused Products, Asserted Patents and Damages Model filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) (Entered: 12/27/2022) (2) |
| Dec 22, 2022 | 230 | MEMORANDUM ORDER re 111 MOTION for Leave to File a Third Amended Complaint filed by International Business Machines Corporation is DENIED; 132 Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by Rakuten, Inc. is DENIED; 99 Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by Ebates Performance Marketing, Inc. is GRANTED-IN-PART and DENIED-IN-PART. Signed by Judge Gregory B. Williams on 12/22/22. (ntl) (Entered: 12/22/2022) (24) |
| Dec 22, 2022 | 231 | ANSWERING BRIEF in Opposition re 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] filed by Ebates Performance Marketing, Inc..Reply Brief due date per Local Rules is 12/29/2022. (Schladweiler, Benjamin) (Entered: 12/22/2022) (26) |
| Dec 19, 2022 | 229 | REDACTED VERSION of 228 Appendix, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-20, # 3 Exhibit 21-29, # 4 Exhibit 30-40)(Moore, David) (Entered: 12/19/2022) (0) |
| Dec 16, 2022 | 227 | Amended JOINT CLAIM CONSTRUCTION BRIEF filed by International Business Machines Corporation. (Moore, David) (Entered: 12/16/2022) (30) |
| Dec 16, 2022 | 228 | [SEALED] Joint APPENDIX re 227 Joint Claim Construction Brief [Joint Revised Appendix] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-20, # 3 Exhibit 21-29, # 4 Exhibit 30-40)(Moore, David) (Entered: 12/16/2022) (0) |
| Dec 12, 2022 | 226 | ORDER re 223 MOTION for Extension of Time filed by Ebates Performance Marketing, Inc. Signed by Judge Gregory B. Williams on 12/12/22. (ntl) (Entered: 12/12/2022) (1) |
| Dec 9, 2022 | 223 | MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] - filed by Ebates Performance Marketing, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 12/09/2022) (0) |
| Dec 9, 2022 | 224 | Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding request for expedited treatment - re 223 MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] . (Schladweiler, Benjamin) (Entered: 12/09/2022) (1) |
| Dec 9, 2022 | 225 | RESPONSE to Motion re 223 MOTION for Extension of Time to File Response/Reply as to 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] [Plaintiff IBM's Opposition to Rakuten's Motion for Extension] filed by International Business Machines Corporation. (Moore, David) (Entered: 12/09/2022) (4) |
| Dec 6, 2022 | 221 | NOTICE of Subsequent Fact by International Business Machines Corporation re 99 Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, 134 Joinder (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 12/06/2022) (0) |
| Dec 6, 2022 | 222 | NOTICE OF SERVICE of Defendants' First Amended Initial Disclosures filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 12/06/2022) (2) |
| Dec 5, 2022 | 219 | REDACTED VERSION of 212 Joint Claim Construction Brief by International Business Machines Corporation. (Moore, David) (Entered: 12/05/2022) (30) |
| Dec 5, 2022 | 220 | REDACTED VERSION of 213 Appendix (Joint Appendix) by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-20, # 3 Exhibit 21-29, # 4 Exhibit 30-40)(Moore, David) (Entered: 12/05/2022) (0) |
| Dec 1, 2022 | 217 | MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 12/01/2022) (0) |
| Dec 1, 2022 | 218 | OPENING BRIEF in Support re 217 MOTION for Judgment on the Pleadings [Motion to Dismiss Counterclaims Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101] filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 12/15/2022. (Attachments: # 1 Exhibit 1-8)(Moore, David) (Entered: 12/01/2022) (0) |
| Nov 29, 2022 | 214 | NOTICE of Subsequent Fact by International Business Machines Corporation re 99 Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, 134 Joinder (Attachments: # 1 Exhibit 1)(Moore, David) (Entered: 11/29/2022) (0) |
| Nov 29, 2022 | 215 | SCHEDULING ORDER: Fact Discovery completed by 6/9/2023. Dispositive Motions due by 10/27/2023. A Markman Hearing is set for 1/12/2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A Final Pretrial Conference is set for 3/28/2024 at 01:00 PM in Courtroom 6B before Judge Gregory B. Williams. A 6-day Jury Trial is set for 4/8/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. Signed by Judge Gregory B. Williams on 11/29/2022. (etg) (Entered: 11/29/2022) (18) |
| Nov 29, 2022 | 216 | ORAL ORDER: Having reviewed the parties' Claim Construction Chart, D.I. 149, and Joint Claim Construction Brief, D.I. 212, IT IS HEREBY ORDERED that the Court will only construe ten (10) terms/term sets during the January 12, 2023 Markman hearing. The parties shall meet and confer and, no later than Friday, December 16, 2022, the parties shall file an Amended Joint Claim Construction Brief, which presents and addresses those ten (10) terms/term sets the parties selected for construction by the Court. Counsel is reminded to provide two (2) courtesy copies with hard tabs for any exhibits. The Court has also reviewed the parties' joint letter, D.I. 209, and will allocate three (3) hours for the Markman hearing with the time to be split equally between the parties. ORDERED by Judge Gregory B. Williams on 11/29/22. (ntl) (Entered: 11/29/2022) (0) |
| Nov 28, 2022 | 212 | [SEALED] JOINT CLAIM CONSTRUCTION BRIEF filed by International Business Machines Corporation. (Moore, David) (Entered: 11/28/2022) (0) |
| Nov 28, 2022 | 213 | [SEALED] Joint APPENDIX re 212 Joint Claim Construction Brief by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-5, # 2 Exhibit 6-20, # 3 Exhibit 21-29, # 4 Exhibit 30-40)(Moore, David) (Entered: 11/28/2022) (0) |
| Nov 23, 2022 | 210 | REDACTED VERSION of Defendant's Notice to Take Deposition of Plaintiff International Business Machines Corporation on December 5, 2022 by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # 1 Schedule A, # 2 Certificate of Service)(Schladweiler, Benjamin) (Entered: 11/23/2022) (0) |
| Nov 23, 2022 | 211 | PROPOSED ORDER [Revised Joint Amended [Proposed] Scheduling Order] re 67 Scheduling Order,, 204 Order,,,,,,,,, by International Business Machines Corporation. (Palapura, Bindu) (Entered: 11/23/2022) (18) |
| Nov 22, 2022 | 207 | Official Transcript of Rule 16 held on 11.18.2022 before Judge Gregory B. Williams. Court Reporter/Transcriber Michele Rolfe,Email: Michele_Rolfe@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 12/13/2022. Redacted Transcript Deadline set for 12/27/2022. Release of Transcript Restriction set for 2/21/2023. (Rolfe, Michele) (Entered: 11/22/2022) (17) |
| Nov 22, 2022 | 208 | STIPULATION TO EXTEND TIME for the parties to submit the joint claim construction brief to November 28, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) (Entered: 11/22/2022) (1) |
| Nov 22, 2022 | 209 | Joint Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding Claim Construction Hearing. (Palapura, Bindu) (Entered: 11/22/2022) (1) |
| Nov 21, 2022 | 204 | ORAL ORDER: IT IS HEREBY ORDERED that the parties shall amend their Joint Amended Proposed Scheduling Order according to the Court's rulings during the status teleconference held on Friday, November 18, 2022 and submit a revised version by Wednesday, November 23, 2022. The Court's rulings regarding the Joint Amended Proposed Scheduling Order are summarized as follows: (1) Plaintiff and Counterclaim-Plaintiff shall provide final infringement contentions by April 12, 2023 (Paragraph 3(e)); (2) Defendant and Counterclaim-Defendant shall provide final invalidity contentions by April 28, 2023 (Paragraph 3(f)); (3) fact discovery shall be completed on or before June 9, 2023 (Paragraph 4(b)); (4) Document production shall be substantially complete by February 9, 2023 (Paragraph 4(c)); (5) The initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is due on or before July 10, 2023, the supplemental disclosure to contradict or rebut evidence on the same matter identified by another party is due on or before August 10, 2023, and reply expert reports from the party with the initial burden of proof are due on or before August 31, 2023 (Paragraph 4(g)(i)); (6) Expert discovery shall be completed on or before September 28, 2023 (Paragraph 4(g)(iii)); (7) No later than April 28, 2023, the patentees must finally supplement the identification of all accused products and serve final infringement contentions (Paragraph 12(a)); (8) No later than April 28, 2023, the accused infringers must finally supplement the identification of all invalidity references and serve final invalidity contentions (Paragraph 12(b)); (9) All case dispositive motions, an opening brief, and affidavits, if any, in support of the motion shall be served and filed on or before October 27, 2023. Responses to dispositive motions shall be served and filed on or before November 21, 2023 and Replies to dispositive motions shall be served and filed on or before December 5, 2023 (Paragraph 13); (10) the pre-trial conference shall be held on March 28, 2024 at 1:00 p.m. (Paragraph 19); and (11) A six (6) day jury trial will be held on April 8, 2024 beginning at 9:30 a.m. (Paragraph 21). ORDERED by Judge Gregory B. Williams on 11/21/22. (ntl) (Entered: 11/21/2022) (0) |
| Nov 21, 2022 | 205 | ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the Partial Motion to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings (D.I. 99), Motion for Leave to File a Third Amended Complaint (D.I. 111), and Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) (D.I. 132) on December 13, 2022, beginning at 2:00 p.m., in Courtroom 6B. Each side will be allocated up to forty-five (45) minutes to present its argument. ORDERED by Judge Gregory B. Williams on 11/21/22. (ntl) (Entered: 11/21/2022) (0) |
| Nov 21, 2022 | 206 | MOTION for Pro Hac Vice Appearance of Attorney Jordan N. Malz of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 11/21/2022) (2) |
| Nov 17, 2022 | 202 | [SEALED] NOTICE to Take Deposition of Plaintiff International Business Machines Corporation on December 5, 2022 filed by Ebates Performance Marketing, Inc.. (Attachments: # 1 Schedule A, # 2 Certificate of Service)(Schladweiler, Benjamin) (Entered: 11/17/2022) (0) |
| Nov 17, 2022 | 203 | NOTICE OF SERVICE of IBM's Subpoena to Testify at a Deposition in a Civil Action Directed to Musarubra US LLC filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 11/17/2022) (2) |
| Nov 16, 2022 | 201 | ORAL ORDER: Having reviewed the parties' Joint Amended Proposed Scheduling Order and joint cover letter attached thereto, D.I. 198, a status teleconference will be held on Friday, November 18, 2022 at 3:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. ORDERED by Judge Gregory B. Williams on 11/16/22. (ntl) (Entered: 11/16/2022) (0) |
| Nov 15, 2022 | 200 | NOTICE OF SERVICE of Defendants' Sur-Reply Claim Construction Brief filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) (Entered: 11/15/2022) (2) |
| Nov 14, 2022 | 198 | Proposed Order (Main Document) (18) Docket Text: Joint PROPOSED ORDER Joint Amended Proposed Scheduling Order with cover letter by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order)(Schladweiler, Benjamin) |
| Nov 14, 2022 | 198 | Proposed Order (Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order) (1) Docket Text: Joint PROPOSED ORDER Joint Amended Proposed Scheduling Order with cover letter by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order)(Schladweiler, Benjamin) |
| Nov 14, 2022 | 199 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of Supplemental Authority Regarding Claim Construction of U.S. Patent No. 7,962,960 by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Moore, David) |
| Nov 14, 2022 | 199 | Notice (Other) (Exhibit A) (30) Docket Text: NOTICE of Supplemental Authority Regarding Claim Construction of U.S. Patent No. 7,962,960 by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Moore, David) |
| Nov 11, 2022 | 197 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Amy I. Wann of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David) |
| Nov 8, 2022 | 194 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's First Supplemental Response to Rakuten's Interrogatory No. 2 to IBM filed by International Business Machines Corporation.(Palapura, Bindu) |
| Nov 8, 2022 | 195 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Reply Claim Construction Brief with Exhibits 32-35 filed by International Business Machines Corporation.(Palapura, Bindu) |
| Nov 8, 2022 | 196 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Objections to Plaintiff International Business Machines Corporation's Subpoenas to AT&T Intellectual Property, LLC and AT&T Intellectual Property, Inc. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Nov 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [192] STIPULATION and Order to Extend Time of the schedule for the exchange of claim construction briefs and deadline for deposition of inventor re [67] Scheduling Order, [174] Order - by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 11/7/2022. (etg) |
| Nov 4, 2022 | 193 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of IBM's Response to Rakuten's Second Notice of Subsequent Fact by International Business Machines Corporation re [191] Notice (Other), (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu) |
| Nov 4, 2022 | 193 | Notice (Other) (Exhibit 1-3) (30) Docket Text: NOTICE of IBM's Response to Rakuten's Second Notice of Subsequent Fact by International Business Machines Corporation re [191] Notice (Other), (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu) |
| Nov 3, 2022 | 192 | Stipulation (2) Docket Text: STIPULATION and Order to Extend Time of the schedule for the exchange of claim construction briefs and deadline for deposition of inventor re [67] Scheduling Order,, [174] Order,,,,,, by International Business Machines Corporation. (Palapura, Bindu) |
| Nov 2, 2022 | 191 | Notice (Other) (Main Document) (3) Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Nov 2, 2022 | 191 | Notice (Other) (Exhibit 1) (7) Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Nov 2, 2022 | 191 | Notice (Other) (Exhibit 2) (3) Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Oct 31, 2022 | 190 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants Objections and Responses to International Business Machines Corporations Third Set of Requests for Production of Documents (Nos. 79-102) and Defendants Objections and Responses to International Business Machines Corporations Third Set of Interrogatories (Nos. 13-20) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Oct 28, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that, not later than fourteen (14) days from the date of this Order, the parties shall meet and confer and file a joint amended proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (See Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint amended proposed Scheduling Order (if there are no disputes or other issues concerning scheduling in the joint amended proposed Scheduling Order that the Court needs to address) or to schedule a status conference. If there are disputes or other issues the Court needs to address in the joint amended proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint amended proposed Scheduling Order which those appear. Except for good cause shown, the parties shall not change any of the dates included in the existing scheduling order in this action. ORDERED by Judge Gregory B. Williams on 10/28/22. Associated Cases: 1:22-cv-00590-GBW, 1:21-cv-00461-GBW (ntl) |
| Oct 25, 2022 | 187 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl). |
| Oct 25, 2022 | 187 | Notice (Other) (Exhibit 1) (30) Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl). |
| Oct 25, 2022 | 187 | Notice (Other) (Exhibit 2) (3) Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl). |
| Oct 25, 2022 | 188 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendants' Objections to Plaintiff International Business Machines Corporation's Subpoena to Verizon Patent and Licensing Inc. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Oct 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [185] MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/22/22. (ntl) |
| Oct 24, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Benjamin J. Rodd for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr) |
| Oct 24, 2022 | 186 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to STG Partners, LLC filed by International Business Machines Corporation.(Palapura, Bindu) |
| Oct 21, 2022 | 185 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Oct 19, 2022 | 184 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to AT&T Intellectual Property, Inc. filed by International Business Machines Corporation.(Moore, David) |
| Oct 14, 2022 | 183 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to Verizon Patent and Licensing Inc.; Subpoena to Testify at a Deposition in a Civil Action Directed to Adobe Inc.; and Subpoena to Testify at a Deposition in a Civil Action Directed to McAfee Corporation filed by International Business Machines Corporation.(Palapura, Bindu) |
| Oct 13, 2022 | 180 | Notice (Other) (30) Docket Text: NOTICE of Issuance of Subpoena for Production of Documents to Cisco Systems, Inc. by International Business Machines Corporation (Palapura, Bindu) |
| Oct 13, 2022 | 181 | Notice (Other) (30) Docket Text: NOTICE of Issuance of Deposition Subpoena to Cisco Systems, Inc. by International Business Machines Corporation (Palapura, Bindu) |
| Oct 13, 2022 | 182 | Notice (Other) (2) Docket Text: NOTICE of of Service regarding Defendants' Answering Claim Construction Brief by Ebates Performance Marketing, Inc., Rakuten, Inc. (Schladweiler, Benjamin) |
| Oct 11, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [179] MOTION for Pro Hac Vice Appearance of Attorney Benjamin Rodd filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/11/22. (ntl) |
| Oct 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [176] STIPULATION TO EXTEND TIME of Final Infringement and Final Invalidity Contentions to February 10, 2023 and February 26, 2023 filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/07/2022. (etg) |
| Oct 7, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Having reviewed Defendants' letter (D.I. 177), IT IS HEREBY ORDERED that the Markman Hearing on December 20, 2022, at 10:00 am, in Courtroom 6B is rescheduled for January 12, 2023 at 10:00 am, in Courtroom 6B. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. Ordered by Judge Gregory B. Williams on 10/7/2022. (etg) |
| Oct 7, 2022 | 179 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin Rodd - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Oct 6, 2022 | 176 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME of Final Infringement and Final Invalidity Contentions to February 10, 2023 and February 26, 2023 - filed by International Business Machines Corporation. (Moore, David) |
| Oct 6, 2022 | 177 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding request to reschedule Markman hearing. (Schladweiler, Benjamin) |
| Oct 5, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' letters regarding their discovery dispute (D.I. 163, D.I. 169, D.I. 171), and having heard arguments on October 4, 2022, IT IS HEREBY ORDERED that Defendants' request that the Court compel Plaintiff to make named inventors of United States Patent No. 7,631,346 (the "'346 patent") available for deposition prior to the November 10, 2022 deadline for Defendants' Sur-Reply Claim Construction Brief is GRANTED. Defendants served their Rule 30(b)(1) Notice of Deposition for the named inventors of the '346 patent four months ago and Plaintiff continually failed to make those inventors available for their depositions. Defendants will only get to depose the named inventors of the '346 patent once, but this is contingent on Plaintiff producing non-privileged, responsive documents relating to the '346 patent prior to the depositions. Plaintiff shall also identify its corporate designees in response to Defendants' Notice of Taking 30(b)(6) Deposition of Plaintiff International Business Machines Corporations prior to the depositions to determine whether the named inventors of the '346 patent will be deposed in their personal capacity under Federal Rule of Civil Procedure 30(b)(1) and/or as corporate witnesses under Federal Rule of Civil Procedure 30(b)(6). The parties shall meet and confer regarding the appropriate dates for the depositions of the named inventors of the '346 patent, which must occur before November 8, 2022 when document production is substantially completed. ORDERED by Judge Gregory B. Williams on 10/5/22. (ntl) |
| Oct 5, 2022 | 175 | Redacted Document (Main Document) (15) Docket Text: REDACTED VERSION of [166] Reply Brief, Defendant Rakuten, Inc.'s Reply Brief in Further Support of its Motion to Dismiss Plaintiff's Second Amended Complaint by Rakuten, Inc.. (Attachments: # (1) Exhibit 1 - Redacted)(Schladweiler, Benjamin) |
| Oct 5, 2022 | 175 | Redacted Document (Exhibit 1 - Redacted) (1) Docket Text: REDACTED VERSION of [166] Reply Brief, Defendant Rakuten, Inc.'s Reply Brief in Further Support of its Motion to Dismiss Plaintiff's Second Amended Complaint by Rakuten, Inc.. (Attachments: # (1) Exhibit 1 - Redacted)(Schladweiler, Benjamin) |
| Oct 4, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 10/4/2022. (Court Reporter M. Rolfe.) (ntl) |
| Oct 4, 2022 | 172 | SO ORDERED (2) Docket Text: SO ORDERED, re [170] STIPULATION TO EXTEND TIME for Defendants to file their Claim Construction Answering Brief to October 13, 2022; Plaintiff's Reply Brief to November 3, 2022, Defendants' Sur-Reply Brief to November 10, 2022 and Parties' Joint Claim Construction Brief due by 11/17/2022. A Markman Hearing is set for 12/20/2022 at 10:00 AM in Courtroom 6B. Signed by Judge Gregory B. Williams on 10/3/22. (ntl) |
| Oct 4, 2022 | 173 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Third Set of Requests For Production To Defendants (Nos. 79-102) and IBM's Third Set of Interrogatories To Defendants (Nos. 13-20) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 30, 2022 | 171 | Letter (4) Docket Text: Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding response to discovery dispute letter - re [169] Letter. (Palapura, Bindu) |
| Sep 29, 2022 | 169 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin) |
| Sep 29, 2022 | 169 | Letter (Exhibit A) (5) Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin) |
| Sep 29, 2022 | 169 | Letter (Exhibit B) (6) Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin) |
| Sep 29, 2022 | 169 | Letter (Exhibit C) (4) Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin) |
| Sep 29, 2022 | 170 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to file their Claim Construction Briefs to Defendants Answering Brief to October 13, 2022; Plaintiffs Reply Brief to November 3, 2022, Defendants Sur-Reply Brief to November 10, 2022 and Parties Joint Claim Construction Brief to November 17, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) |
| Sep 28, 2022 | 168 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by International Business Machines Corporation re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Moore, David) |
| Sep 27, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that for the discovery teleconference scheduled for Tuesday, October 4, 2022 at 3:00 p.m., not later than Thursday, September 29, 2022 any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Friday, September 30, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Gregory B. Williams on 9/27/22. (ntl) |
| Sep 26, 2022 | N/A | Case No Longer Referred (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that this matter is no longer referred to Magistrate Judge Fallon. ORDERED by Judge Gregory B. Williams on 9/26/22. Associated Cases: 1:21-cv-00461-GBW-SRF, 1:22-cv-00590-GBW-SRF (ntl) |
| Sep 26, 2022 | 164 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [160] Notice (Other) of Subpoena to AT&T Intellectual Property, Inc. by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to AT&T with redacted attachment)(Schladweiler, Benjamin) |
| Sep 26, 2022 | 164 | Redacted Document (Exhibit Subpoena to AT&T with redacted attachment) (5) Docket Text: REDACTED VERSION of [160] Notice (Other) of Subpoena to AT&T Intellectual Property, Inc. by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to AT&T with redacted attachment)(Schladweiler, Benjamin) |
| Sep 26, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: A twenty (20) minute discovery teleconference will be held on Tuesday, October 4, 2022 at 3:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. ORDERED by Judge Gregory B. Williams on 9/26/22. (ntl) |
| Sep 23, 2022 | 163 | Letter (1) Docket Text: Joint Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding request for a discovery teleconference. (Schladweiler, Benjamin) |
| Sep 21, 2022 | 161 | Redacted Document (27) Docket Text: REDACTED VERSION of [150] Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David) |
| Sep 21, 2022 | 162 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [151] Declaration, of William Vieth by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-40)(Moore, David) |
| Sep 21, 2022 | 162 | Redacted Document (Exhibit 1-40) (30) Docket Text: REDACTED VERSION of [151] Declaration, of William Vieth by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-40)(Moore, David) |
| Sep 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [159] STIPULATION TO EXTEND TIME for Plaintiff to submit a public version of the sealed Answering Brief in Opposition to Defendants' Renewed Motion to Dismiss Second Amended Complaint (D.I. 150) and the sealed Declaration of William Vieth (D.I. 151) to 9/21/22 filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/19/22. (ntl) |
| Sep 16, 2022 | 159 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to submit a public version of the sealed Answering Brief in Opposition to Defendants' Renewed Motion to Dismiss Second Amended Complaint (D.I. 150) and the sealed Declaration of William Vieth (D.I. 151) to September 21, 2022 - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 15, 2022 | 157 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [153] Notice (Other) Notice of Subpoena to Dreyfus Service Corporation by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments)(Schladweiler, Benjamin) |
| Sep 15, 2022 | 157 | Redacted Document (Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments) (30) Docket Text: REDACTED VERSION of [153] Notice (Other) Notice of Subpoena to Dreyfus Service Corporation by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments)(Schladweiler, Benjamin) |
| Sep 15, 2022 | 158 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Opening Claim Construction Brief filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 14, 2022 | 156 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Amended Initial Invalidity Contentions filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Sep 12, 2022 | 154 | Notice to Take Deposition (14) Docket Text: NOTICE to Take Deposition of Rakuten, Inc. on September 30, 2022 [Notice of 30(b)(6) Deposition] filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 12, 2022 | 155 | Notice to Take Deposition (14) Docket Text: NOTICE to Take Deposition of Ebates Performance Marketing, inc. dba Rakuten Rewards on September 30, 2022 [Notice of 30(b)(6) Deposition] filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 8, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg) |
| Sep 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [148] STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 6, 2022 and September 27, 2022 respectively. Set Briefing Schedule: (Answering Brief due 9/6/2022., Reply Brief due 9/27/2022.) Signed by Judge Sherry R. Fallon on 9/7/2022. (lih) |
| Sep 6, 2022 | 152 | Notice to Take Deposition (14) Docket Text: NOTICE to Take Deposition of International Business Machines Corporation on September 20, 2022 beginning at 9:30 a.m. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Main Document) (2) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit A) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit A-1) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit A-2 part 1) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit A-2 part 2) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit A-2 part 3) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit B-1) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit B-2) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit C-1) (14) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit C-2) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit D-1) (10) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit D-2) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit E-1) (17) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit E-2) (30) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit F-1) (12) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Sep 1, 2022 | 149 | Claim Construction Chart (Exhibit F-2) (12) Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu) |
| Aug 30, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [147] STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 5, 2022 and September 26, 2022 respectively filed by International Business Machines Corporation. Signed by Judge Sherry R. Fallon on 8/30/2022. (Polito, Rebecca) |
| Aug 30, 2022 | 148 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 6, 2022 and September 27, 2022 respectively - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Aug 29, 2022 | 147 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 5, 2022 and September 26, 2022 respectively - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Aug 24, 2022 | 146 | Status Report (6) Docket Text: Joint Interim STATUS REPORT by International Business Machines Corporation. (Palapura, Bindu) Modified on 8/24/2022 (lih). |
| Aug 18, 2022 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [142]. (lih) |
| Aug 18, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [143] STIPULATION TO EXTEND TIME. Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint. (Answering Brief due 9/2/2022., Reply Brief due 9/23/2022.) Signed by Judge Sherry R. Fallon on 8/18/2022. (lih) |
| Aug 18, 2022 | 143 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 2, 2022 and September 23, 2022 respectively - filed by International Business Machines Corporation. (Moore, David) |
| Aug 18, 2022 | 144 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove John Dao as co-counsel. Reason for request: no longer with the firm of Desmarais LLP. (Moore, David) |
| Aug 18, 2022 | 145 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih). |
| Aug 18, 2022 | 145 | Redacted Document (Subpoena to HCL America Inc. with attachments) (30) Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih). |
| Aug 18, 2022 | 145 | Redacted Document (Subpoena to USTA Incorporated with attachments) (30) Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih). |
| Aug 18, 2022 | 145 | Redacted Document (Subpoena to Coldwell Banker with attachments and exhibit (Redacted)) (30) Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih). |
| Aug 3, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [141] MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis. Signed by Judge Sherry R. Fallon on 8/3/2022. (lih) |
| Aug 3, 2022 | 141 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin) |
| Aug 3, 2022 | 141 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq.) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin) |
| Aug 3, 2022 | 141 | Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin) |
| Jul 29, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [140] Unopposed Motion to Extend Page Limits: IT IS HEREBY ORDERED that the unopposed motion to extend the page limits for claim construction briefing is GRANTED. In accordance with the parties' stipulation entered on July 27, 2022 (D.I. 139), the parties shall file a Joint Claim Construction Brief of no more than 120 pages on or before November 3, 2022. The format of the Joint Claim Construction Brief is governed by the procedures set forth in paragraph 10 of the undersigned judicial officers Form of Patent Scheduling Order found on the Courts website: The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order. https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 7/29/2022. (lih) |
| Jul 29, 2022 | 140 | Motion for Leave to File Excess Pages (Main Document) (3) Docket Text: UNOPPOSED Motion to Extend Page Limits for Claim Construction Briefing for all parties - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Schladweiler, Benjamin) Modified on 7/29/2022 (lih). |
| Jul 29, 2022 | 140 | Motion for Leave to File Excess Pages (Text of Proposed Order Proposed Order) (1) Docket Text: UNOPPOSED Motion to Extend Page Limits for Claim Construction Briefing for all parties - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Schladweiler, Benjamin) Modified on 7/29/2022 (lih). |
| Jul 27, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [139] STIPULATION to Extend Time of the schedule for the exchange of claim construction briefs. Set SCHEDULING ORDER deadlines: Claim Construction Opening Brief due by 9/15/2022., Claim Construction Answering Brief due by 10/6/2022., Claim Construction Reply Brief due by 10/20/2022., Claim Construction Surreply Brief due by 10/27/2022., Joint Claim Construction Brief due by 11/3/2022. Signed by Judge Sherry R. Fallon on 7/27/2022. (lih) |
| Jul 27, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb) |
| Jul 26, 2022 | 139 | Stipulation (2) Docket Text: STIPULATION to Extend Time of the schedule for the exchange of claim construction briefs re [67] Scheduling Order by International Business Machines Corporation. (Moore, David) Modified on 7/27/2022 (lih). |
| Jul 25, 2022 | N/A | Set Briefing Schedule (0) Docket Text: Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). Answering Brief due 8/19/2022. Reply Brief due 9/9/2022. (lih) |
| Jul 25, 2022 | 138 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [135] Declaration by Rakuten, Inc.. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) Modified on 7/25/2022 (lih). |
| Jul 25, 2022 | 138 | Redacted Document (Exhibit) (2) Docket Text: REDACTED VERSION of [135] Declaration by Rakuten, Inc.. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) Modified on 7/25/2022 (lih). |
| Jul 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [137] STIPULATION TO EXTEND TIME for IBM to respond to Rakuten Inc.'s renewed Motion to Dismiss the Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) and Rakuten Inc.'s deadline to file a reply in support of its motion. Signed by Judge Sherry R. Fallon on 7/22/2022. (Polito, Rebecca) |
| Jul 22, 2022 | 137 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for IBM to respond to Rakuten Inc.'s renewed Motion to Dismiss the Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) and Rakuten Inc.'s deadline to file a reply in support of its motion to August 19, 2022 and September 9, 2022, respectfully - filed by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Jul 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [136] STIPULATION TO EXTEND TIME to respond to [132] Renewed Motion to Dismiss Second Amended Complaint. Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Answering Brief due 8/12/2022., Reply Brief due 9/2/2022.) Signed by Judge Sherry R. Fallon on 7/19/2022. (lih) |
| Jul 18, 2022 | 136 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to August 12, 2022 and September 2, 2022 respectively - filed by International Business Machines Corporation. (Moore, David) |
| Jul 15, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Pursuant to conversation with the filer, the joinder previously filed as D.I. 134 has been deleted due to document being filed using the wrong event code. Counsel is advised to re-file the document using the joinder event code and not the motion event code. (lih) |
| Jul 15, 2022 | 132 | Motion to Dismiss/Lack of Personal Jurisdiction (3) Docket Text: Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) - filed by Rakuten, Inc.. (Schladweiler, Benjamin) Modified on 7/15/2022 (lih). |
| Jul 15, 2022 | 133 | Opening Brief in Support (26) Docket Text: OPENING BRIEF in Support re [132] Renewed Motion to Dismiss Second Amended Complaint filed by Rakuten, Inc..Answering Brief/Response due date per Local Rules is 7/29/2022. (Schladweiler, Benjamin) Modified on 7/15/2022 (lih). |
| Jul 15, 2022 | 134 | Joinder (3) Docket Text: JOINDER by Rakuten, Inc., joining in [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings . (Schladweiler, Benjamin) Modified on 7/15/2022 (lih). |
| Jul 13, 2022 | 131 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Identification of Preliminary Claim Constructions filed by International Business Machines Corporation.(Palapura, Bindu) |
| Jul 1, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERE- re [130] MOTION for Pro Hac Vice Appearance of Attorney William N. Yau. Signed by Judge Sherry R. Fallon on 7/1/2022. (lih) |
| Jun 30, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [129] STIPULATION TO EXTEND TIME for Rakuten, Inc. to respond to IBM's Second Amended Complaint to July 15, 2022. Reset Answer Deadlines: Rakuten, Inc. answer due 7/15/2022. Signed by Judge Sherry R. Fallon on 6/30/2022. (lih) |
| Jun 30, 2022 | 130 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William N. Yau of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Jun 29, 2022 | 129 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Rakuten, Inc. to respond to IBM's Second Amended Complaint to July 15, 2022 - filed by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Jun 23, 2022 | 127 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial Invalidity Contentions filed by International Business Machines Corporation.(Palapura, Bindu) |
| Jun 23, 2022 | 128 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Initial Invalidity Contentions, and document production, filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Jun 21, 2022 | 126 | Reply Brief (16) Docket Text: REPLY BRIEF re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Jun 16, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [121] MOTION for Pro Hac Vice Appearance of Attorney Edward Geist. Signed by Judge Sherry R. Fallon on 6/16/2022. (lih) |
| Jun 16, 2022 | 121 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edward Geist of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David) |
| Jun 16, 2022 | 122 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Heather Maria Hinton on August 1, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Jun 16, 2022 | 123 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Ivan Matthew Milman on August 2, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Jun 16, 2022 | 124 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Venkat Raghavan on August 3, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Jun 16, 2022 | 125 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Shane Bradley Weeden on August 4, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Jun 13, 2022 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [116]. (lih) |
| Jun 13, 2022 | 120 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [116] Notice of Subpoena by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena with Redacted Schedule A)(Schladweiler, Benjamin) Modified on 6/13/2022 (lih). |
| Jun 13, 2022 | 120 | Redacted Document (Subpoena with Redacted Schedule A) (4) Docket Text: REDACTED VERSION of [116] Notice of Subpoena by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena with Redacted Schedule A)(Schladweiler, Benjamin) Modified on 6/13/2022 (lih). |
| Jun 9, 2022 | 119 | Notice (Other) (2) Docket Text: NOTICE of Defendants' Supplemental Objections and Responses to Plaintiff's Amended Notice of Taking Jurisdictional 30(B)(6) Depositions by Ebates Performance Marketing, Inc. (Schladweiler, Benjamin) |
| Jun 3, 2022 | 117 | Letter (4) Docket Text: Letter to the Court from David E. Moore regarding Reply Letter Brief regarding Plaintiff International Business Machines Corporation's Motion for Leave to File its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Moore, David) |
| Jun 3, 2022 | 118 | Letter (2) Docket Text: Joint Letter to the Court from David E. Moore regarding Request for Teleconference - re [111] MOTION for Leave to File a Third Amended Complaint. (Moore, David) |
| May 31, 2022 | 113 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Jurisdictional Interrogatories (Nos. 10) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| May 31, 2022 | 114 | Letter (Main Document) (8) Docket Text: Letter to the Court from Counsel for Defendants regarding Letter Brief in Opposition to Plaintiff's Motion For Leave To File Its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Attachments: # (1) Exhibit 1)(Schladweiler, Benjamin) |
| May 31, 2022 | 114 | Letter (Exhibit 1) (6) Docket Text: Letter to the Court from Counsel for Defendants regarding Letter Brief in Opposition to Plaintiff's Motion For Leave To File Its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Attachments: # (1) Exhibit 1)(Schladweiler, Benjamin) |
| May 31, 2022 | 115 | Answering Brief in Opposition (Main Document) (27) Docket Text: ANSWERING BRIEF in Opposition re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 6/7/2022. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| May 31, 2022 | 115 | Answering Brief in Opposition (Exhibit 1-6) (30) Docket Text: ANSWERING BRIEF in Opposition re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 6/7/2022. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu) |
| May 23, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [110] STIPULATION to Extend Time for Plaintiff's to file its answering brief to May 31, 2022, and Defendant's to file its reply brief to June 21, 2022 re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. (Answering Brief due 5/31/2022., Reply Brief due 6/21/2022.) Signed by Judge Sherry R. Fallon on 5/20/2022. (lih) |
| May 23, 2022 | 111 | Motion for Leave to File (Main Document) (2) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit 1 - Third Amended Complaint) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit A-M to Ex. 1) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit N-Y to Ex. 1) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit Z part 1 to Ex. 1) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit Z part 2 to Ex. 1) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit AA-FF to Ex. 1) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Exhibit 2 - Blackline) (30) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 111 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 23, 2022 | 112 | Letter (4) Docket Text: Letter to the Court from Bindu A. Palapura regarding Letter Brief In Support of [111] MOTION for Leave to File a Third Amended Complaint. (Palapura, Bindu) Modified on 5/24/2022 (lih). |
| May 20, 2022 | 110 | Stipulation (2) Docket Text: STIPULATION to Extend Time for Plaintiff's to file its answering brief to May 31, 2022, and Defendant's to file its reply brief to June 21, 2022 re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings by International Business Machines Corporation. (Moore, David) Modified on 5/23/2022 (lih). |
| May 18, 2022 | 108 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' Initial Infringement Contentions filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) |
| May 18, 2022 | 109 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Initial Infringement Contentions, Exs. A-G [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) |
| May 17, 2022 | 107 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff IBM's Objections and Responses to Defendants' First Set of Requests for Production (Nos. 1-81); and Plaintiff IBM's Response to Rakuten's First Set of Interrogatories to IBM (Nos. 1-15)[Confidential] filed by International Business Machines Corporation.(Palapura, Bindu) |
| May 16, 2022 | 106 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's April 26, 2022 Amended Notice of Taking Jurisdictional 30(B)(6) Deposition filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| May 2, 2022 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Second Set of Jurisdictional Interrogatories to Defendants (No. 10) filed by International Business Machines Corporation.(Palapura, Bindu) |
| May 2, 2022 | 105 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Requests for Production of Documents (Nos. 1-78) and Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Interrogatories (Nos. 1-12) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Apr 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [102] STIPULATION to Extend Time for briefing re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. Set Briefing Schedule: re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. (Answering Brief due 5/23/2022., Reply Brief due 6/6/2022.) Signed by Judge Sherry R. Fallon on 4/29/2022. (lih) |
| Apr 29, 2022 | 102 | Stipulation (2) Docket Text: STIPULATION to Extend Time for briefing re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings by International Business Machines Corporation. (Palapura, Bindu) Modified on 4/29/2022 (lih). |
| Apr 29, 2022 | 103 | Notice (Other) (2) Docket Text: NOTICE of Service of Defendants' Second Supplemental Objections and Responses to International Business Machines Corporation's First Set of Jurisdictional Interrogatories (Nos. 1-9) by Ebates Performance Marketing, Inc. (Schladweiler, Benjamin) |
| Apr 28, 2022 | 101 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Amended Notice of Taking Jurisdictional 30(b)(6) Deposition filed by International Business Machines Corporation.(Palapura, Bindu) |
| Apr 25, 2022 | 98 | Notice (Other) (3) Docket Text: NOTICE of Withdrawal re [82] MOTION to Dismiss for Failure to State a Claim (Schladweiler, Benjamin) Modified on 4/26/2022 (lih). |
| Apr 25, 2022 | 99 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) Modified on 4/26/2022 (lih). |
| Apr 25, 2022 | 100 | Opening Brief in Support (24) Docket Text: OPENING BRIEF in Support re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 5/9/2022. (Schladweiler, Benjamin) Modified on 4/26/2022 (lih). |
| Apr 22, 2022 | 95 | Notice to Take Deposition (8) Docket Text: NOTICE to Take Deposition of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards on May 6, 2022 (Notice of Jurisdictional 30(b)(6) Deposition) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Apr 22, 2022 | 96 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Kentaro Hyakuno on May 6, 2022 filed by International Business Machines Corporation.(Palapura, Bindu) |
| Apr 22, 2022 | 97 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Amit Patel on May 9, 2022 filed by International Business Machines Corporation.(Palapura, Bindu) |
| Apr 19, 2022 | 94 | Letter (2) Docket Text: Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Joint status update re [60] MOTION to Dismiss for Failure to State a Claim. (Schladweiler, Benjamin) Modified on 4/19/2022 (lih). |
| Apr 14, 2022 | 93 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Objections and Responses to International Business Machines Corporation's First Set of Jurisdictional Interrogatories (Nos. 1-9) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Apr 12, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER- IT IS HEREBY ORDERED that, in accordance with the oral order issued on April 7, 2022 (D.I. 92) and paragraph 3(d) of Standing Order No. 2022-3, all dates in the scheduling order issued on February 16, 2022 (D.I. 67) shall remain in effect except for the following hearings; the Markman Hearing set for September 30, 2022 (D.I. 67 at paragraph 14) and Oral Argument on case dispositive and Daubert motions set for October 2, 2023 (D.I. 67 at paragraph 17 (c) ). IT IS FURTHER ORDERED that, in accordance with the Oral Order issued on April 7, 2022, and paragraph 3(a) of Standing Order No. 2022-3, the referral to the undersigned judicial officer is limited to: (1) adjudicating discovery and protective order disputes; (2) modifying a scheduling order; (3) reviewing stipulated orders and pro hac vice motions; and (4) reviewing requests for mediation by a Magistrate Judge in cases other than patent and securities cases. With respect to discovery disputes arising in this matter, the parties shall follow the Discovery Matters and Disputes procedure set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih) |
| Apr 12, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [60] and [82] Motions: In accordance with the Court's April 7, 2022 Oral Order and paragraph 3(d) of Standing Order No. 2022-3, the pending motions to dismiss (D.I.60; D.I. 82) do not fall within the scope of the referral to the undersigned judicial officer. Therefore, the motions will be addressed following the assignment of an Article III Judge. IT IS FURTHER ORDERED that re D.I. 60, the parties shall provide a joint letter to the court on or before April 19, 2022 informing whether the motion is withdrawn, moot or remains pending. If it remains pending, the parties shall include a briefing schedule for the motion with their joint letter. Pursuant to paragraph 3(g) of Standing Order 2022-3, the pending motions shall not be grounds to prevent the case from progressing and briefing re D.I. 82 shall be completed in accordance with the Stipulated briefing schedule entered on March 29, 2022 (D.I. 88). Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih) |
| Apr 7, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/7/22. (ntl) |
| Apr 6, 2022 | 91 | VAC - Magistrate Non-consent - completed by the parties (1) Docket Text: VAC Magistrate Non-Consent completed by the parties filed by International Business Machines Corporation. (Palapura, Bindu) |
| Mar 30, 2022 | 89 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Set of Requests for the Production of Documents and Things to International Business Machines Corporations (Nos. 1-81) and Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Set of Interrogatories to International Business Machines Corporations (Nos. 1-15) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Mar 30, 2022 | 90 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporations First Set of Jurisdictional Interrogatories (Nos. 1-9) and Defendants' Objections and Responses to International Business Machines Corporations First Set of Jurisdictional Requests for Production of Documents and Things (Nos. 1-15) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Mar 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [87] Protective Order Regarding the Disclosure and Use of Discovery Materials by International Business Machines Corporation. Signed by Judge Richard G. Andrews on 3/29/2022. (etg) |
| Mar 29, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [88] STIPULATION TO EXTEND TIME for Plaintiff's deadline to file a response to Ebates Performance Marketing's Partial Motion to Dismiss Second Amended Complaint (D.I.82) -- Set Briefing Schedule: re [82] MOTION to Dismiss for Failure to State a Claim -- Answering Brief due 5/2/2022. Reply Brief due 5/23/2022. Signed by Judge Richard G. Andrews on 3/29/22. (ntl) |
| Mar 29, 2022 | 88 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff's deadline to file a response to Ebates Performance Marketing's Partial Motion to Dismiss Second Amended Complaint (D.I.82), and Ebates Performance Marketing's deadline to file a reply to May 2, 2022 and May 23, 2022, respectively - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Mar 28, 2022 | 87 | Proposed Order (30) Docket Text: PROPOSED ORDER Protective Order Regarding the Disclosure and Use of Discovery Materials by International Business Machines Corporation. (Moore, David) |
| Mar 25, 2022 | 86 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's First Amended Identification of Accused Products filed by International Business Machines Corporation.(Moore, David) |
| Mar 23, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (ntl) |
| Mar 23, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/23/22. (ntl) |
| Mar 23, 2022 | 85 | VAC Notice, Consent, Non-Consent, Magistrate Referral (1) Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl) |
| Mar 18, 2022 | 82 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Mar 18, 2022 | 83 | Opening Brief in Support (Main Document) (23) Docket Text: OPENING BRIEF in Support re [82] MOTION to Dismiss for Failure to State a Claim filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 4/1/2022. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) |
| Mar 18, 2022 | 83 | Opening Brief in Support (Exhibit) (30) Docket Text: OPENING BRIEF in Support re [82] MOTION to Dismiss for Failure to State a Claim filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 4/1/2022. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) |
| Mar 16, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Vimal M. Kapadia for Ebates Performance Marketing, Inc. and Rakuten, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Mar 14, 2022 | 81 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Second Set of Interrogatories to Defendants (Nos. 1-12); and IBM's Second Set of Requets for Production to Defendants (Nos. 1-78) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Mar 11, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [80] STIPULATION TO EXTEND TIME to file a protective order to March 28, 2022 filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl) |
| Mar 10, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [79] MOTION for Pro Hac Vice Appearance of Attorney Eliyahu Balsam, William A. Vieth, and Kyle Curry of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 3/10/2022. (etg) |
| Mar 10, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Vieth William, Kyle Curry, and Eliyahu Balsam for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| Mar 10, 2022 | 79 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Eliyahu Balsam, William A. Vieth, and Kyle Curry of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Mar 10, 2022 | 80 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to file a protective order to March 28, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) |
| Mar 8, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [78] STIPULATION TO EXTEND TIME to Answer or Otherwise Respond to Second Amended Complaint to June 3, 2022 filed by Rakuten, Inc. Signed by Judge Leonard P. Stark on 3/8/22. (ntl) |
| Mar 8, 2022 | 78 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Answer or Otherwise Respond to Second Amended Complaint to June 3, 2022 - filed by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Mar 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [77] MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 3/7/22. (ntl) |
| Mar 4, 2022 | 75 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Preliminary Identification Of Accused Products filed by International Business Machines Corporation.(Moore, David) |
| Mar 4, 2022 | 76 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' Identification of Accused Products, Asserted Patents and Damage Model filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin) |
| Mar 4, 2022 | 77 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification of Vimal M. Kapadia)(Schladweiler, Benjamin) |
| Mar 4, 2022 | 77 | Motion for Leave to Appear Pro Hac Vice (Certification of Vimal M. Kapadia) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification of Vimal M. Kapadia)(Schladweiler, Benjamin) |
| Mar 1, 2022 | 74 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant To Fed. R. Civ. P. 26; IBM's First Set Of Jurisdictional Requests For Production To Defendants (Nos. 1-15); and IBM's First Set Of Jurisdictional Interrogatories To Defendants (Nos. 1-9) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Feb 28, 2022 | 73 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants' Initial Disclosures filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin) |
| Feb 25, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [72] STIPULATION TO EXTEND TIME to File Protective Order to March 14, 2022 filed by Rakuten USA, Inc., Ebates Performance Marketing, Inc.. Signed by Judge Leonard P. Stark on 2/25/2022. (etg) |
| Feb 24, 2022 | 72 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to File Protective Order to March 14, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten USA, Inc.. (Schladweiler, Benjamin) |
| Feb 18, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [71] STIPULATION TO EXTEND TIME to respond to Second Amended Complaint to March 18, 2022 filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 2/17/22. (ntl) |
| Feb 17, 2022 | 70 | Amended Complaint* (1) |
| Feb 17, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 2/17/2022. (dlb) |
| Feb 17, 2022 | 70 | Amended Complaint (Main Document) (30) Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu) |
| Feb 17, 2022 | 70 | Amended Complaint (Exhibit A-I) (30) Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu) |
| Feb 17, 2022 | 70 | Amended Complaint (Exhibit J-W) (30) Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu) |
| Feb 17, 2022 | 71 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to respond to Second Amended Complaint to March 18, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin) |
| Feb 16, 2022 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
| Feb 16, 2022 | 67 | Scheduling Order (15) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 3/13/2023. Status Report due by 8/24/2022. Dispositive Motions due by 8/4/2023. AN Oral Argument is set for 10/2/2023 at 10:00 AM before Judge Leonard P. Stark. Claim Construction Opening Brief due by 8/10/2022. Claim Construction Answering Brief due by 8/31/2022. A Markman Hearing is set for 9/30/2022 at 01:00 PM before Judge Leonard P. Stark. A Final Pretrial Conference is set for 12/29/2023 at 10:00 AM before Judge Leonard P. Stark. A 7-10 day Jury Trial is set for 1/15/2024 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 2/14/22. (ntl) |
| Feb 16, 2022 | 68 | Order (1) Docket Text: ORDER re [66] MOTION for Leave to File A Second Amended Complaint (Unopposed) filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 2/16/22. (ntl) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Main Document) (3) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Exhibit A - Second Amended Complaint) (30) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Exhibit A-I to Second Amended Complaint) (30) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Exhibit J-W to Second Amended Complaint) (30) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Exhibit B - Redline) (30) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 14, 2022 | 66 | Motion for Leave to File (Text of Proposed Order) (1) Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu) |
| Feb 4, 2022 | 64 | Proposed Order (15) Docket Text: PROPOSED ORDER Scheduling Order by International Business Machines Corporation. (Palapura, Bindu) |
| Feb 4, 2022 | 65 | Letter (1) Docket Text: Letter to The Honorable Leonard P. Stark from Bindu A. Palapura regarding joint status report and enclosing proposed scheduling order - re [64] Proposed Order. (Palapura, Bindu) |
| Jan 31, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [62] STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' Motion to Dismiss for Failure to State a Claim to February 14, 2022 filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 1/31/22. (ntl) |
| Jan 25, 2022 | N/A | Telephone Conference (0) Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Argument by Telephone Conference held on 1/25/2022. (Court Reporter M. Rolfe.) (ntl) |
| Jan 25, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: For the reasons stated during today's teleconference, IT IS HEREBY ORDERED that Defendant Rakuten, Inc.'s motion to dismiss (D.I. 31) is DENIED WITHOUT PREJUDICE to renew upon completion of jurisdictional discovery. IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than February 4, 2022, submit a joint status report and a proposed scheduling order (clearly indicating their competing proposals, if there are any). The scheduling order shall include provision for the scope and schedule governing jurisdictional discovery, as well as all the other components required by Judge Stark's form scheduling order for patent cases. ORDERED by Judge Leonard P. Stark on 1/25/22. (ntl) |
| Jan 21, 2022 | 62 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' Motion to Dismiss for Failure to State a Claim to February 14, 2022 - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Jan 17, 2022 | 60 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Jan 17, 2022 | 61 | Opening Brief in Support (23) Docket Text: OPENING BRIEF in Support re [60] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 1/31/2022. (Schladweiler, Benjamin) |
| Jan 14, 2022 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the hearing on January 25, 2022 at 2:00 p.m. will proceed by teleconference. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 1/14/22. (ntl) |
| Jan 6, 2022 | 58 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Stephanie E. O'Byrne by International Business Machines Corporation (Moore, David) |
| Dec 20, 2021 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the pending motions on January 25, 2022 beginning at 2:00 p.m. in Courtroom 6B. Each side will be allocated up to forty-five (45) minutes to present its argument. ORDERED by Judge Leonard P. Stark on 12/20/21. (ntl) |
| Dec 7, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [56] STIPULATION TO EXTEND TIME to Answer Amended Complaint to January 17, 2022 filed by Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 12/7/21. (ntl) |
| Dec 7, 2021 | 56 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to Answer Amended Complaint to January 17, 2022 - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Dec 3, 2021 | 55 | Notice (Other) (2) Docket Text: NOTICE of Partial Dismissal by International Business Machines Corporation (Palapura, Bindu) |
| Nov 17, 2021 | 54 | Answer to Counterclaim (16) Docket Text: ANSWER to [26] Counterclaim by International Business Machines Corporation.(Palapura, Bindu) |
| Nov 4, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [53] STIPULATION Of Withdrawal Of IBM's Partial Motion To Dismiss filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 11/4/21. (ntl) |
| Nov 2, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael Rhodes for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk) |
| Nov 2, 2021 | 53 | Stipulation (2) Docket Text: STIPULATION Of Withdrawal Of IBM's Partial Motion To Dismiss re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] by International Business Machines Corporation. (Palapura, Bindu) |
| Nov 1, 2021 | 52 | Request for Oral Argument (2) Docket Text: REQUEST for Oral Argument by International Business Machines Corporation re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Palapura, Bindu) |
| Oct 26, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [47] Stipulation of Voluntary Dismissal Without Prejudice of Ebates, Inc. DBA Rakuten -- Motion terminated: [28] MOTION to Dismiss filed by Ebates Inc. Signed by Judge Leonard P. Stark on 10/26/21. (ntl) |
| Oct 26, 2021 | 48 | Response to Motion (2) Docket Text: RESPONSE to Motion re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Oct 26, 2021 | 49 | Reply Brief (15) Docket Text: REPLY BRIEF re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Oct 26, 2021 | 50 | Declaration (5) Docket Text: DECLARATION re [49] Reply Brief, Reply Declaration of Noriel Cunanan in Support of Rakuten, Inc.'s Motion to Dismiss First Amended Complaint by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Oct 26, 2021 | 51 | Reply Brief (10) Docket Text: REPLY BRIEF re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Oct 25, 2021 | 47 | Stipulation of Dismissal (5) Docket Text: STIPULATION of Dismissal [Stipulation of Voluntary Dismissal Without Prejudice of Ebates, Inc. DBA Rakuten] by International Business Machines Corporation. (Palapura, Bindu) |
| Oct 12, 2021 | 38 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] - filed by International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Palapura, Bindu) |
| Oct 12, 2021 | 38 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] - filed by International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Palapura, Bindu) |
| Oct 12, 2021 | 39 | Opening Brief in Support (17) Docket Text: OPENING BRIEF in Support re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 10/26/2021. (Palapura, Bindu) |
| Oct 12, 2021 | 40 | Declaration (Main Document) (3) Docket Text: DECLARATION re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu) |
| Oct 12, 2021 | 40 | Declaration (Exhibit 1-11) (30) Docket Text: DECLARATION re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu) |
| Oct 12, 2021 | 41 | Answering Brief in Opposition (15) Docket Text: ANSWERING BRIEF in Opposition re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu) |
| Oct 12, 2021 | 42 | Declaration (Main Document) (2) Docket Text: DECLARATION re [41] Answering Brief in Opposition, [Declaration of Karim Z. Oussayef] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1)(Palapura, Bindu) |
| Oct 12, 2021 | 42 | Declaration (Exhibit 1) (11) Docket Text: DECLARATION re [41] Answering Brief in Opposition, [Declaration of Karim Z. Oussayef] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1)(Palapura, Bindu) |
| Oct 12, 2021 | 43 | Answering Brief in Opposition (13) Docket Text: ANSWERING BRIEF in Opposition re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu) |
| Oct 12, 2021 | 44 | Declaration (Main Document) (2) Docket Text: DECLARATION re [43] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu) |
| Oct 12, 2021 | 44 | Declaration (Exhibit 1-3) (30) Docket Text: DECLARATION re [43] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu) |
| Oct 12, 2021 | 45 | Answering Brief in Opposition (26) Docket Text: ANSWERING BRIEF in Opposition re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu) |
| Oct 12, 2021 | 46 | Declaration (Main Document) (3) Docket Text: DECLARATION re [45] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu) |
| Oct 12, 2021 | 46 | Declaration (Exhibit 1-11) (22) Docket Text: DECLARATION re [45] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu) |
| Sep 30, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [37] MOTION for Pro Hac Vice Appearance of Attorney Michael Rhodes of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 9/30/21. (ntl) |
| Sep 30, 2021 | 37 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael Rhodes of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 21, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [36] Stipulation and Order to Extend Time filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 9/21/21. (ntl) |
| Sep 17, 2021 | 36 | Stipulation (2) Docket Text: STIPULATION and Order to Extend Time for Briefing Deadlines re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6), [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2), [26] Counterclaim, [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 7, 2021 | 23 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 24 | Opening Brief in Support (10) Docket Text: OPENING BRIEF in Support re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Main Document) (3) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Exhibit 1) (10) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Exhibit 2) (18) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Exhibit 3) (16) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Exhibit 4) (13) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 25 | Declaration (Exhibit 5) (12) Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 26 | Counterclaim (Main Document) (27) Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 26 | Counterclaim (Exhibit 1) (17) Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 26 | Counterclaim (Exhibit 2) (12) Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 26 | Counterclaim (Exhibit 3) (10) Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 27 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,962,960 ;8,072,968 ;6,697,861 . (Schladweiler, Benjamin) |
| Sep 7, 2021 | 28 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Inc.. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 29 | Opening Brief in Support (12) Docket Text: OPENING BRIEF in Support re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 30 | Declaration (Main Document) (2) Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 30 | Declaration (Exhibit 1) (3) Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 30 | Declaration (Exhibit 2) (10) Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) |
| Sep 7, 2021 | 31 | Motion to Dismiss/Lack of Personal Jurisdiction (2) Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) - filed by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 32 | Opening Brief in Support (22) Docket Text: OPENING BRIEF in Support re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by Rakuten, Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 33 | Declaration (6) Docket Text: DECLARATION re [32] Opening Brief in Support, Declaration of Kentaro Hyakuno by Rakuten, Inc.. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 34 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ebates Inc. for Ebates Performance Marketing, Inc. filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) |
| Sep 7, 2021 | 35 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Rakuten USA, Inc. for Ebates Inc. filed by Ebates Inc.. (Schladweiler, Benjamin) |
| Jul 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [22] STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 7/9/2021. (etg) |
| Jul 8, 2021 | 21 | Waiver of Service Executed (1) Docket Text: WAIVER OF SERVICE returned executed by International Business Machines Corporation: For Rakuten, Inc. waiver sent on 6/24/2021, answer due 9/22/2021. (O'Byrne, Stephanie) |
| Jul 8, 2021 | 22 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 - filed by International Business Machines Corporation. (O'Byrne, Stephanie) |
| Jun 24, 2021 | 20 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Ebates Performance Marketing, Inc. served on 6/24/2021, answer due 7/15/2021. (Palapura, Bindu) |
| Jun 23, 2021 | 18 | Amended Complaint (Main Document) (30) Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu) |
| Jun 23, 2021 | 18 | Amended Complaint (Exhibit A-H) (30) Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu) |
| Jun 23, 2021 | 18 | Amended Complaint (Exhibit I) (30) Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu) |
| Jun 23, 2021 | 18 | Amended Complaint (Exhibit J-V) (30) Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu) |
| Jun 23, 2021 | 19 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,569,414 ;7,076,443 (Amended). (Palapura, Bindu) |
| Jun 8, 2021 | 17 | Notice (Other) (1) Docket Text: NOTICE of Withdrawal of Joseph D. Farris, III by International Business Machines Corporation (Palapura, Bindu) |
| May 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [16] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 5/27/21. (ntl) |
| May 26, 2021 | 16 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively - filed by International Business Machines Corporation. (Palapura, Bindu) |
| May 19, 2021 | 13 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Schladweiler, Benjamin) |
| May 19, 2021 | 14 | Opening Brief in Support (18) Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc..Answering Brief/Response due date per Local Rules is 6/2/2021. (Schladweiler, Benjamin) |
| May 19, 2021 | 15 | Declaration (Main Document) (2) Docket Text: DECLARATION re [14] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit A & B)(Schladweiler, Benjamin) |
| May 19, 2021 | 15 | Declaration (Exhibit A & B) (13) Docket Text: DECLARATION re [14] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit A & B)(Schladweiler, Benjamin) |
| Apr 14, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to March 29, 2021 filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/14/21. (ntl) |
| Apr 14, 2021 | 12 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to May 19, 2021 - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin) |
| Apr 7, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong, John Dao for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Apr 6, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [9] MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP filed by International Business Machines Corporation, [11] MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/6/21. (ntl) |
| Apr 6, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Allan A. Kassenoff,Julie P. Bookbinder,Joshua L. Raskin for Ebates Inc., for Rakuten Commerce, LLC, for Rakuten USA, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Apr 5, 2021 | 10 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin) |
| Apr 5, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (Main Document) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin) |
| Apr 5, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Joshua L. Raskin) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin) |
| Apr 5, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Allan A. Kassenoff) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin) |
| Apr 5, 2021 | 11 | Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Julie P. Bookbinder) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin) |
| Apr 1, 2021 | 9 | Motion for Leave to Appear Pro Hac Vice (7) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Mar 31, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Mar 30, 2021 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Rakuten USA, Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David) |
| Mar 30, 2021 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Rakuten Commerce, LLC served on 3/29/2021, answer due 4/19/2021. (Moore, David) |
| Mar 30, 2021 | 8 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Ebates Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David) |
| Mar 29, 2021 | 1 | Complaint* (1) |
| Mar 29, 2021 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg) |
| Mar 29, 2021 | 1 | Complaint (Exhibit A-D) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg) |
| Mar 29, 2021 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg) |
| Mar 29, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Mar 29, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,072,849; 7,631,346; 6,785,676; 7,543,234. (nmg) |
| Mar 29, 2021 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Business Machines Corporation. (nmg) |
| Mar 29, 2021 | 5 | Summons Issued - Electronic (8) Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg) |
