Case number 1:22-cv-00590
International Business Machines Corporation v. Zynga Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 29, 2025 | 575 | ACKNOWLEDGMENT OF RECEIPT of Plaintiff's trial exhibits for the jury trial held on September 9, 2024 through September 13, 2024. (lnb) (Entered: 04/29/2025) (1) |
| Apr 29, 2025 | 576 | Remark: Per counsel's letter at D.I. 574, Defendant's exhibits have been destroyed. (lnb) (Entered: 04/29/2025) (0) |
| Apr 25, 2025 | 574 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Trial Exhibits. (Farnan, Michael) (Entered: 04/25/2025) (1) |
| Apr 11, 2025 | 573 | Letter to David Ellis Moore & Kelly E. Farnan from Chambers regarding Trial Exhibits return. (slk) (Entered: 04/11/2025) (1) |
| Dec 31, 2024 | 572 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s). (jaa) (Entered: 12/31/2024) (3) |
| Dec 30, 2024 | 571 | STIPULATION of Dismissal filled by International Business Machines Corporation (Moore, David) Modified on 12/30/2024 (oam). (Entered: 12/30/2024) (2) |
| Dec 13, 2024 | 565 | REDACTED VERSION of 563 Answering Brief in Opposition, by Zynga Inc.. (Farnan, Brian) (Entered: 12/13/2024) (30) |
| Dec 13, 2024 | 566 | REDACTED VERSION of 564 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits A-P)(Farnan, Brian) (Entered: 12/13/2024) (0) |
| Dec 13, 2024 | 567 | STIPULATION and [Proposed] Order to Stay by Zynga Inc.. (Farnan, Brian) (Entered: 12/13/2024) (2) |
| Dec 13, 2024 | 568 | REDACTED VERSION of 560 Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David) (Entered: 12/13/2024) (30) |
| Dec 13, 2024 | 569 | REDACTED VERSION of 562 Notice of Filing Multi Media Materials, by International Business Machines Corporation. (Moore, David) (Entered: 12/13/2024) (3) |
| Dec 13, 2024 | 570 | REDACTED VERSION of 561 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-5, # 3 Exhibit 6-7, # 4 Exhibit 8-10, # 5 Exhibit DTX 474-1166, # 6 Exhibit JTX 001-002, # 7 Exhibit JTX 003-0320, # 8 Exhibit PTX 876-1470, # 9 Exhibit PTX 1478-1610, # 10 Exhibit PTX 1675-3138, # 11 Exhibit PTX 3140-3513)(Moore, David) (Entered: 12/13/2024) (0) |
| Dec 6, 2024 | 560 | [SEALED] ANSWERING BRIEF in Opposition re 547 MOTION for Judgment as a Matter of Law MOTION for New Trial MOTION for a Finding of Invalidity for Obviousness-Type Double Patenting filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 12/13/2024. (Moore, David) (Entered: 12/06/2024) (0) |
| Dec 6, 2024 | 561 | [SEALED] DECLARATION re 560 Answering Brief in Opposition, of Benjamin J. Rodd by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-5, # 3 Exhibit 6-7, # 4 Exhibit 8-10, # 5 Exhibit DTX 474-1166, # 6 Exhibit JTX 001-002, # 7 Exhibit JTX 003-0320, # 8 Exhibit PTX 876-1470, # 9 Exhibit PTX 1478-1610, # 10 Exhibit PTX 1675-3138, # 11 Exhibit PTX 3140-3513)(Moore, David) (Entered: 12/06/2024) (0) |
| Dec 6, 2024 | 562 | [SEALED] NOTICE of filing the following Non-Paper material(s) in multi media format: Native Files. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by David Ellis Moore on behalf of International Business Machines Corporation (Moore, David) (Entered: 12/06/2024) (0) |
| Dec 6, 2024 | 563 | [SEALED] ANSWERING BRIEF in Opposition re 543 MOTION for Enhanced Damages , 541 MOTION for Prejudgment and Post-Judgment Interest filed by Zynga Inc..Reply Brief due date per Local Rules is 12/13/2024. (Farnan, Michael) (Entered: 12/06/2024) (0) |
| Dec 6, 2024 | 564 | [SEALED] DECLARATION re 563 Answering Brief in Opposition, by Zynga Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Farnan, Michael) (Entered: 12/06/2024) (0) |
| Nov 12, 2024 | 559 | ORAL ORDER: Upon consideration of Defendant's Unopposed Motion to Seal Certain Trial Exhibits Regarding Financial Information and Source Code (D.I. 556) and accompanying declaration (D.I. 557), IT IS HEREBY ORDERED that the Motion is GRANTED. ORDERED by Judge Gregory B. Williams on 11/12/2024. (lnb) (Entered: 11/12/2024) (0) |
| Nov 8, 2024 | 556 | Unopposed MOTION to Seal Certain Trial Exhibits Regarding Financial Information and Source Code - filed by Zynga Inc.. (Farnan, Brian) (Entered: 11/08/2024) (5) |
| Nov 8, 2024 | 557 | DECLARATION re 556 Unopposed MOTION to Seal Certain Trial Exhibits Regarding Financial Information and Source Code of Nicholas Lam by Zynga Inc.. (Farnan, Brian) (Entered: 11/08/2024) (2) |
| Nov 8, 2024 | 558 | PROPOSED ORDER re 556 Unopposed MOTION to Seal Certain Trial Exhibits Regarding Financial Information and Source Code by Zynga Inc.. (Farnan, Brian) (Entered: 11/08/2024) (1) |
| Oct 29, 2024 | 550 | REDACTED VERSION of 548 Opening Brief in Support, by Zynga Inc.. (Farnan, Michael) (Entered: 10/29/2024) (30) |
| Oct 29, 2024 | 551 | REDACTED VERSION of 549 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits A-E)(Farnan, Michael) (Entered: 10/29/2024) (0) |
| Oct 29, 2024 | 552 | REDACTED VERSION of 541 MOTION for Prejudgment and Post-Judgment Interest by International Business Machines Corporation. (Moore, David) (Entered: 10/29/2024) (12) |
| Oct 29, 2024 | 553 | REDACTED VERSION of 542 Declaration of Sumeet Dang by International Business Machines Corporation. (Attachments: # 1 Exhibit A-F)(Moore, David) (Entered: 10/29/2024) (0) |
| Oct 29, 2024 | 554 | REDACTED VERSION of 544 Opening Brief in Support by International Business Machines Corporation. (Moore, David) (Entered: 10/29/2024) (29) |
| Oct 29, 2024 | 555 | REDACTED VERSION of 545 Declaration, of Benjamin J. Rodd by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-14, # 2 Exhibit DTX, # 3 Exhibit JTX, # 4 Exhibit PTX)(Moore, David) (Entered: 10/29/2024) (0) |
| Oct 22, 2024 | 541 | [SEALED] MOTION for Prejudgment and Post-Judgment Interest - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Counsel under Local Rule 7.1.1)(Moore, David) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 542 | [SEALED] DECLARATION re 541 MOTION for Prejudgment and Post-Judgment Interest of Sumeet Dang by International Business Machines Corporation. (Attachments: # 1 Exhibit A-F)(Moore, David) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 543 | MOTION for Enhanced Damages - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Counsel under Local Rule 7.1.1)(Moore, David) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 544 | [SEALED] OPENING BRIEF in Support re 543 MOTION for Enhanced Damages filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 11/5/2024. (Moore, David) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 545 | [SEALED] DECLARATION re 543 MOTION for Enhanced Damages of Benjamin J. Rodd by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-14, # 2 Exhibit DTX, # 3 Exhibit JTX, # 4 Exhibit PTX)(Moore, David) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 546 | NOTICE of filing the following Non-Paper material(s) in multi media format: Excel Spreadsheets in Native Format of Zynga Spreadsheet - May 2016 through May 2022 Bookings, Exhibit JTX-0196 to the Declaration of Benjamin J. Rodd in Support of Plaintiff's Motion for Enhanced Damages. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by David Ellis Moore on behalf of International Business Machines Corporation (Moore, David) (Entered: 10/22/2024) (2) |
| Oct 22, 2024 | 547 | MOTION for Judgment as a Matter of Law , MOTION for New Trial , MOTION for a Finding of Invalidity for Obviousness-Type Double Patenting - filed by Zynga Inc.. (Attachments: # 1 Rule 7.1.1 Certification)(Farnan, Brian) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 548 | [SEALED] OPENING BRIEF in Support re 547 MOTION for Judgment as a Matter of Law MOTION for New Trial MOTION for a Finding of Invalidity for Obviousness-Type Double Patenting filed by Zynga Inc..Answering Brief/Response due date per Local Rules is 11/5/2024. (Farnan, Brian) (Entered: 10/22/2024) (0) |
| Oct 22, 2024 | 549 | [SEALED] DECLARATION re 548 Opening Brief in Support, of Brooks J. Kenyon by Zynga Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farnan, Brian) (Entered: 10/22/2024) (0) |
| Sep 24, 2024 | 538 | REDACTED VERSION of 501 MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 8/29/2024.(lnb) (Entered: 09/24/2024) (30) |
| Sep 24, 2024 | 539 | Partial JUDGMENT following Jury Verdict in favor of International Business Machines Corporation against Zynga Inc. in the amount of $40,000,000.00 for Defendant's infringement of claims 8 and 13 of U.S. Patent N. 7,072,849 and in the amount of $4,900,000.00 for Defendant's infringement of claim 1 of U.S. Patent No. 7,702,719. Signed by Judge Gregory B. Williams on 9/24/2024. (lnb) (Entered: 09/24/2024) (3) |
| Sep 24, 2024 | 540 | Supplemental Scheduling Order. Signed by Judge Gregory B. Williams on 9/24/2024. (lnb) (Entered: 09/24/2024) (2) |
| Sep 23, 2024 | 537 | ORDER re 536 Unopposed MOTION to Seal Limited Information From The Court's Summary Judgment and Daubert Opinion (D.I. 501) filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/23/2024. (lnb) (Entered: 09/23/2024) (1) |
| Sep 20, 2024 | 534 | Joint STATUS REPORT by Zynga Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 09/20/2024) (0) |
| Sep 20, 2024 | 535 | REDACTED VERSION of 519 Letter by International Business Machines Corporation. (Palapura, Bindu) (Entered: 09/20/2024) (3) |
| Sep 20, 2024 | 536 | [SEALED] Unopposed MOTION to Seal Limited Information From The Court's Summary Judgment and Daubert Opinion (D.I. 501) - filed by International Business Machines Corporation. (Attachments: # 1 Exhibit A-B, # 2 Text of Proposed Order)(Palapura, Bindu) (Entered: 09/20/2024) (0) |
| Sep 17, 2024 | 530 | REDACTED VERSION of 506 Letter by Zynga Inc.. (Farnan, Brian) (Entered: 09/17/2024) (5) |
| Sep 17, 2024 | 531 | REDACTED VERSION of 507 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits 1-7)(Farnan, Brian) (Entered: 09/17/2024) (0) |
| Sep 17, 2024 | 532 | REDACTED VERSION of 518 Letter by Zynga Inc.. (Farnan, Brian) (Entered: 09/17/2024) (2) |
| Sep 17, 2024 | 533 | REDACTED VERSION of 520 Letter by Zynga Inc.. (Farnan, Brian) (Entered: 09/17/2024) (1) |
| Sep 13, 2024 | 527 | [SEALED] Jury Notes. (lnb) (Entered: 09/13/2024) (0) |
| Sep 13, 2024 | 528 | [SEALED] JURY VERDICT. (lnb) (Entered: 09/13/2024) (0) |
| Sep 13, 2024 | 529 | REDACTED VERSION of 528 Jury Verdict. (lnb) (Entered: 09/13/2024) (7) |
| Sep 11, 2024 | 524 | VERDICT SHEET by Zynga Inc. Zynga's Proposed Verdict Form. (Farnan, Michael) (Entered: 09/11/2024) (8) |
| Sep 11, 2024 | 525 | [SEALED] Proposed Jury Instructions by International Business Machines Corporation - [Joint Proposed] Final Jury Instructions. (Moore, David) (Entered: 09/11/2024) (0) |
| Sep 11, 2024 | 526 | VERDICT SHEET by International Business Machines Corporation - IBM's [Proposed] Verdict Form. (Moore, David) (Entered: 09/11/2024) (6) |
| Sep 10, 2024 | 522 | REDACTED VERSION of 509 Letter by International Business Machines Corporation. (Moore, David) (Entered: 09/10/2024) (5) |
| Sep 10, 2024 | 523 | REDACTED VERSION of 510 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit A-I)(Moore, David) (Entered: 09/10/2024) (0) |
| Sep 9, 2024 | 521 | Proposed Jury Instructions by International Business Machines Corporation [Preliminary Jury Instructions]. (Moore, David) (Entered: 09/09/2024) (22) |
| Sep 8, 2024 | 520 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's September 7, 2024 Letter Concerning Additional Undisputed Fact - re 519 Letter. (Farnan, Brian) (Entered: 09/08/2024) (0) |
| Sep 7, 2024 | 519 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding Response to Defendant's Letter regarding Addition to Undisputed Statement of Facts - re 518 Letter. (Palapura, Bindu) (Entered: 09/07/2024) (0) |
| Sep 6, 2024 | 515 | [SEALED] FINAL PRETRIAL ORDER. Signed by Judge Gregory B. Williams on 9/6/2024.This order has been emailed to local counsel. (lnb) (Entered: 09/06/2024) (0) |
| Sep 6, 2024 | 516 | MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 9/6/2024. (lnb) (Entered: 09/06/2024) (9) |
| Sep 6, 2024 | 517 | ORDER re 516 Memorandum Opinion. Signed by Judge Gregory B. Williams on 9/6/2024. (lnb) (Entered: 09/06/2024) (2) |
| Sep 6, 2024 | 518 | [SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Addition to Undisputed Statement of Facts. (Farnan, Michael) (Entered: 09/06/2024) (0) |
| Sep 5, 2024 | 514 | REDACTED VERSION of 497 Proposed Pretrial Order by International Business Machines Corporation. (Attachments: # 1 Exhibit A-K)(Moore, David) (Entered: 09/05/2024) (0) |
| Sep 4, 2024 | 511 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Defendant's Response to Plaintiff's September 3, 2024 Letter - re 509 Letter. (Farnan, Brian) (Entered: 09/04/2024) (3) |
| Sep 4, 2024 | 512 | DECLARATION re 511 Letter of Sarah K. Mullins by Zynga Inc.. (Attachments: # 1 Exhibit 8)(Farnan, Brian) (Entered: 09/04/2024) (0) |
| Sep 4, 2024 | 513 | SO ORDERED, re 508 MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (re 9/6/24 pre-trial set up, and 9/9/24-9/13/24 trial)] filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/4/2024. (lnb) (Entered: 09/04/2024) (3) |
| Sep 3, 2024 | 508 | MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (re 9/6/24 pre-trial set up, and 9/9/24-9/13/24 trial)] - filed by International Business Machines Corporation. (Moore, David) (Entered: 09/03/2024) (3) |
| Sep 3, 2024 | 509 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding Plaintiff's Response to Defendant's Second O2 Micro Letter Motion - re 506 Letter. (Moore, David) (Entered: 09/03/2024) (0) |
| Sep 3, 2024 | 510 | [SEALED] DECLARATION re 509 Letter [Declaration of Michael K. Hilyard] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-I)(Moore, David) (Entered: 09/03/2024) (0) |
| Sep 2, 2024 | 506 | [SEALED] Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Regarding Claim Construction Pursuant to O2 Micro. (Farnan, Michael) (Entered: 09/02/2024) (0) |
| Sep 2, 2024 | 507 | [SEALED] DECLARATION re 506 Letter by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Farnan, Michael) (Entered: 09/02/2024) (0) |
| Aug 29, 2024 | 501 | [SEALED] MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 8/29/2024. This order has been emailed to local counsel. (lnb) (Entered: 08/29/2024) (0) |
| Aug 29, 2024 | 502 | ORDER re 501 Memorandum Opinion. Signed by Judge Gregory B. Williams on 8/29/2024. (lnb) (Main Document 502 replaced on 8/29/2024) (lnb). (Entered: 08/29/2024) (3) |
| Aug 29, 2024 | 503 | MEMORANDUM ORDER re 485 Proposed Pretrial Order filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 8/29/2024. (lnb) (Entered: 08/29/2024) (8) |
| Aug 29, 2024 | 504 | STIPULATION TO EXTEND TIME to file the redacted Proposed Final Pretrial Order to 9/5/2024 - filed by Zynga Inc.. (Farnan, Brian) (Entered: 08/29/2024) (1) |
| Aug 29, 2024 | 505 | ORAL ORDER: As discussed during the pre-trial conference, each party will be allocated eleven hours (11), all-inclusive, to present their respective cases. By no later than Thursday, September 5, 2024, at 3:00 pm, the parties shall file a joint letter informing the Court whether they have agreed to designate a predetermined portion of the eleven (11) hours for opening and closing statements. ORDERED by Judge Gregory B. Williams on 8/29/2024. (lnb) (Entered: 08/29/2024) (0) |
| Aug 28, 2024 | 495 | MEMORANDUM OPINION Signed by Judge Gregory B. Williams on 8/28/2024. (lnb) (Entered: 08/28/2024) (12) |
| Aug 28, 2024 | 496 | ORDER re 495 Memorandum Opinion. Signed by Judge Gregory B. Williams on 8/28/2024. (lnb) (Entered: 08/28/2024) (1) |
| Aug 28, 2024 | 497 | [SEALED] Proposed Pretrial Order -Revised by International Business Machines Corporation. (Attachments: # 1 Exhibit A-K)(Moore, David) (Entered: 08/28/2024) (0) |
| Aug 28, 2024 | 498 | Proposed Jury Instructions by International Business Machines Corporation - [Joint Proposed] Preliminary Jury Instructions - Revised. (Moore, David) (Entered: 08/28/2024) (24) |
| Aug 28, 2024 | 499 | Proposed Voir Dire by International Business Machines Corporation. (Moore, David) (Entered: 08/28/2024) (5) |
| Aug 28, 2024 | 500 | Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding pretrial conference. (Palapura, Bindu) (Entered: 08/28/2024) (1) |
| Aug 27, 2024 | 492 | SO ORDERED, re 491 Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices re August 29, 2024 Pretrial Conference filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 8/27/2024. (lnb) (Entered: 08/27/2024) (3) |
| Aug 27, 2024 | 493 | NOTICE of Subsequent Authority Regarding Zynga's Opposition to IBM MIL No. 1 by Zynga Inc. (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 08/27/2024) (0) |
| Aug 27, 2024 | 494 | STATEMENT re 493 Notice (Other) [Plaintiff's Response to Zynga's Notice of Subsequent Authority Regarding Zynga's Opposition to IBM MIL No. 1] by International Business Machines Corporation. (Moore, David) (Entered: 08/27/2024) (2) |
| Aug 26, 2024 | 491 | MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (re August 29, 2024 Pretrial Conference)] - filed by International Business Machines Corporation. (Moore, David) (Entered: 08/26/2024) (3) |
| Aug 22, 2024 | 483 | SO ORDERED, re 482 MOTION for Limited Exemption from the Standing Order regarding Personal Electronic Devices filed by Zynga Inc. Signed by Judge Gregory B. Williams on 8/22/2024. (lnb) (Entered: 08/22/2024) (6) |
| Aug 22, 2024 | 484 | VERDICT SHEET by Zynga Inc. [Proposed] Verdict Form. (Farnan, Michael) (Entered: 08/22/2024) (11) |
| Aug 22, 2024 | 485 | [SEALED] Proposed Pretrial Order by International Business Machines Corporation. (Attachments: # 1 Exhibit A-K)(Moore, David) (Entered: 08/22/2024) (0) |
| Aug 22, 2024 | 486 | VERDICT SHEET by International Business Machines Corporation [Proposed] Verdict Form. (Moore, David) (Entered: 08/22/2024) (5) |
| Aug 22, 2024 | 487 | Proposed Voir Dire by International Business Machines Corporation. (Moore, David) (Entered: 08/22/2024) (5) |
| Aug 22, 2024 | 488 | Proposed Jury Instructions by International Business Machines Corporation [Joint Proposed] Preliminary Jury Instructions. (Moore, David) (Entered: 08/22/2024) (24) |
| Aug 22, 2024 | 489 | Proposed STATEMENT [Proposed] Juror Questionnaire by International Business Machines Corporation. (Moore, David) (Entered: 08/22/2024) (5) |
| Aug 22, 2024 | 490 | [SEALED] Proposed Jury Instructions by International Business Machines Corporation - [Joint Proposed] Final Jury Instructions. (Moore, David) (Main Document 490 replaced on 8/23/2024) (mws). (Entered: 08/22/2024) (0) |
| Aug 21, 2024 | 482 | MOTION for Limited Exemption from the Standing Order regarding Personal Electronic Devices - filed by Zynga Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Michael) (Entered: 08/21/2024) (0) |
| Aug 9, 2024 | 481 | NOTICE OF SERVICE of Zynga's Notice Pursuant to 35 U.S.C. § 282 filed by Zynga Inc..(Farnan, Michael) (Entered: 08/09/2024) (2) |
| Aug 6, 2024 | 479 | NOTICE OF SERVICE of Supplemental Expert Report of Kevin C. Almeroth, Ph.D. on Invalidity of U.S. Patent No. 7,072,849 filed by Zynga Inc..(Farnan, Brian) (Entered: 08/06/2024) (2) |
| Aug 6, 2024 | 480 | STIPULATION Regarding Pre-Recorded Trial Testimony by International Business Machines Corporation. (Moore, David) (Entered: 08/06/2024) (2) |
| Aug 5, 2024 | 478 | STIPULATION TO EXTEND TIME to Serve Supplemental Expert Reports to August 5, 2024 and August 12, 2024 - filed by Zynga Inc.. (Farnan, Michael) (Entered: 08/05/2024) (2) |
| Aug 2, 2024 | 477 | REDACTED VERSION of 475 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit A-D)(Moore, David) (Entered: 08/02/2024) (0) |
| Jul 31, 2024 | 475 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding Plaintiff Seeking Leave to Preserve Trial Testimony of Thomas McBride. (Attachments: # 1 Exhibit A-D)(Moore, David) (Entered: 07/31/2024) (0) |
| Jul 31, 2024 | 476 | ORAL ORDER: IT IS HEREBY ORDERED that Zynga shall file any response to IBM's letter regarding the testimony of Mr. McBride (D.I. 475) by no later than 5:00 p.m. on August 7, 2024. The response shall be in the form of a letter, not to exceed three (3) pages. ORDERED by Judge Gregory B. Williams on 7/31/24. (jaa) (Entered: 07/31/2024) (0) |
| Jul 19, 2024 | 474 | REDACTED VERSION of 471 Declaration of Caitrianne Feddeler by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 07/19/2024) (0) |
| Jul 16, 2024 | 472 | MOTION for Pro Hac Vice Appearance of Attorney Elizabeth R. Moulton and Joseph R. Kolker - filed by Zynga Inc.. (Farnan, Brian) (Entered: 07/16/2024) (3) |
| Jul 16, 2024 | 473 | Pro Hac Vice Fee - Credit Card Payment received for Elizabeth R. Moulton and Joseph R. Kolker. ( re 472 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth R. Moulton and Joseph R. Kolker )( Payment of $ 100, receipt number ADEDC-4452123).(Farnan, Brian) (Entered: 07/16/2024) (0) |
| Jul 12, 2024 | 469 | REDACTED VERSION of 468 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-11)(Farnan, Brian) (Entered: 07/12/2024) (0) |
| Jul 12, 2024 | 470 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding Plaintiff's Response to Defendant's O2 Micro Letter Motion - re 467 Letter. (Moore, David) (Entered: 07/12/2024) (8) |
| Jul 12, 2024 | 471 | [SEALED] DECLARATION re 470 Letter [Declaration of Caitrianne Feddeler] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 07/12/2024) (0) |
| Jul 5, 2024 | 467 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Defendant's O2 Micro Letter Motion for Resolution of Claim Construction Disputes. (Farnan, Brian) (Entered: 07/05/2024) (8) |
| Jul 5, 2024 | 468 | [SEALED] DECLARATION re 467 Letter of Sarah K. Mullins by Zynga 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)(Farnan, Brian) (Entered: 07/05/2024) (0) |
| Jul 1, 2024 | 466 | REDACTED VERSION of 461 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits A-C)(Farnan, Brian) (Entered: 07/01/2024) (0) |
| Jun 28, 2024 | 462 | REDACTED VERSION of 456 Opening Brief in Support by Zynga Inc.. (Farnan, Michael) (Entered: 06/28/2024) (26) |
| Jun 28, 2024 | 463 | REDACTED VERSION of 457 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-11)(Farnan, Michael) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | 464 | ORAL ORDER: The Court has reviewed the parties' letters regarding Zynga's Motion for Resolution of Claim Construction Disputes (D.I. 455) ("the O2 Micro motion"). D.I. 458, D.I. 460. First, with respect to IBM's claim that Zynga violated the Court's Scheduling Order by not counting the pages of its Rule 12(c) Motion for Judgment on the Pleadings within the page limits for dispositive motions in accordance with paragraph 14 of the Court's Scheduling Order, the Court disagrees with IBM and, thus, denies IBM's requested relief that the Court order Zynga to refile all pending dispositive motions. The Court's case dispositive motion procedure applies to "dispositive motion[s] under Rule 56" and Daubert motions. D.I. 89 para. 14. In this action, the Rule 12(c) motion on § 101 was filed seven (7) months before the summary judgment motions and will not delay trial. See Ecolab Inc. et al v. DuBois Chemicals, Inc., C.A. No. 21-567-RGA, D.I. 265 (D. Del. Oct. 25, 2023) (rejecting a 12(c) motion filed contemporaneously with summary judgment briefing). Second, Zynga concedes that at least a portion of the O2 Micro motion is "substantively identical" to its second summary judgment motion. The Court will not permit additional briefing on issues already briefed, particularly when the briefing deadline has past. However, the Court will resolve the claim construction dispute(s) identified in the supplemental briefing to be submitted by the parties as described below. Third, the Court finds that the O2 Micro motion is not a dispositive motion subject to its Scheduling Order, since it does not seek affirmative relief. Indeed, "[w]hen the parties raise an actual dispute regarding the proper scope of... claims, the court, not the jury, must resolve that dispute." O2 Micro, 521 F.3d, 1351, 1360 (Fed. Cir. 2008). Here, the parties have disputes about the scope of claims; thus, O2 Micro requires the Court to resolve those disputes. Nonetheless, the Court has the power to set its own briefing schedule and page limits, and this Court typically resolves supplemental claim disputes under O2 Micro on more limited briefing. Allowing fifty (50) pages of briefing every time a O2 Micro claim construction dispute arises would inundate the Court and incentivize parties to reserve such disputes until after the Court's initial claim construction hearing. Accordingly, IT IS HEREBY ORDERED that the O2 Micro motion (D.I. 455) is STRICKEN. Zynga shall, by no later than July 5, 2024, file a letter brief, not to exceed six (6) pages, identifying any claim terms it contends require construction by the Court under O2 Micro, set forth its proposed constructions of those terms, and set forth its arguments and authority in support of its proposed claim constructions. IBM shall, by no later than July 12, 2024, file a responsive letter brief, not to exceed six (6) pages, containing IBM's proposed constructions of the claim terms identified by Zynga in its opening letter, and set forth IBM's arguments and authority in support of its proposed constructions of the claim terms in dispute. ORDERED by Judge Gregory B. Williams on 6/28/24. (ntl) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | 465 | REDACTED VERSION of 458 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 06/28/2024) (0) |
| Jun 24, 2024 | 460 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Response to IBM's Letter on Dispositive Motions - re 458 Letter. (Farnan, Brian) (Entered: 06/24/2024) (4) |
| Jun 24, 2024 | 461 | [SEALED] DECLARATION re 460 Letter of Sarah K. Mullins by Zynga Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Farnan, Michael) (Entered: 06/24/2024) (0) |
| Jun 21, 2024 | 455 | MOTION for Resolution of Claim Construction Disputes - filed by Zynga Inc.. (Farnan, Michael) (Entered: 06/21/2024) (3) |
| Jun 21, 2024 | 456 | [SEALED] OPENING BRIEF in Support re 455 MOTION for Resolution of Claim Construction Disputes filed by Zynga Inc..Answering Brief/Response due date per Local Rules is 7/5/2024. (Farnan, Michael) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 457 | [SEALED] DECLARATION re 456 Opening Brief in Support of Sarah K. Mullins by Zynga 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)(Farnan, Michael) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 458 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding Defendant's Dispositive Motion Briefing. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 06/21/2024) (0) |
| Jun 21, 2024 | 459 | ORAL ORDER: IT IS HEREBY ORDERED that Zynga shall file any response to IBMs letter regarding Defendant's Dispositive Motion Briefing (D.I. 458) by no later than 3:00 p.m. on June 25, 2024. Zynga's responsive letter shall not exceed three (3) pages.Ordered by Judge Gregory B. Williams on 6/21/2024. (lnb) (Entered: 06/21/2024) (0) |
| May 30, 2024 | 453 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Section 101 Authority - re 448 Order,. (Farnan, Brian) (Entered: 05/30/2024) (2) |
| May 30, 2024 | 454 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding response to the Court's May 16, 2024 Oral Order - re 448 Order,. (Moore, David) (Entered: 05/30/2024) (3) |
| May 24, 2024 | 452 | REDACTED VERSION of 450 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit A-B)(Palapura, Bindu) (Entered: 05/24/2024) (0) |
| May 20, 2024 | 451 | ORAL ORDER: The Court has reviewed the parties' letters regarding the trial schedule (D.I. 445, 449, 450). Zynga's request to alter the trial schedule is DENIED. First, Zynga again requests an increase in trial days from five (5) to eight (8). The Court has previously denied this request, but stated that "[i]n the event that substantial differences between WWF1, NWWF, and WWF2 are discovered that make a five-day trial impracticable, the Court may reconsider the request before trial." D.I. 287. Zynga has not identified any such differences, and the Court does not believe that it is impracticable to try a case with two (2) patents and ten (10) claims in a five (5) day trial, given the overlap between the claims. To the extent there are differences in infringement theories across games, IBM has the burden of proving infringement and the parties will be impacted equally. Moreover, the Court's resolution of dispositive motions may narrow the case, as Zynga itself recognizes. D.I. 445 at 2. Zynga further requests to move the trial date to April 2025. Zynga argues that this request is warranted to increase time between the Court's dispositive motion rulings and trial, to permit the filing of a new O2 Micro issue, and to permit supplementation based on newly produced evidence and a trial scheduled to proceed in June. Courts routinely resolve dispositive motions and O2 Micro issues in the weeks leading up to trial; thus, Zynga's arguments on these factors do not constitute good cause to delay the trial date. Also, Zynga has not identified why supplementation of expert reports from a trial in June 2024 would require pushing a trial in September 2024 to April 2025. With regards to the new evidence, Zynga had the opportunity to review the evidence during discovery, but opted not to, relying on a representation that the data was fragmented. Rakuten (a defendant in another case) recovered that data, and IBM produced it to Zynga. Zynga has not identified any material new information that it has uncovered or any specific opinions that it intends to supplement. In fact, Zynga admits that the scope of required supplementation "is currently unknown", and it has not shown that any of the data is relevant or requires the supplementation of expert reports. D.I. 445 at 3 n. 3. Therefore, the Court will not move the trial based on some hypothetical supplementing of expert discovery, particularly when there is still approximately four months remaining before trial for the parties to complete any necessary supplementing of expert discovery, if any is ultimately warranted. ORDERED by Judge Gregory B. Williams on 5/20/2024. (lnb) (Entered: 05/20/2024) (0) |
| May 17, 2024 | 449 | Joint STATUS REPORT by International Business Machines Corporation. (Palapura, Bindu) (Entered: 05/17/2024) (6) |
| May 17, 2024 | 450 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding Opposition to Defendant's Letter Request to Adjust Schedule - re 445 Letter. (Attachments: # 1 Exhibit A-B)(Palapura, Bindu) (Entered: 05/17/2024) (0) |
| May 16, 2024 | 448 | ORAL ORDER: For purposes of analyzing the motion to dismiss based on invalidity pursuant to 35 U.S.C. § 101, IT IS HEREBY ORDERED that, no later than May 30, 2024, 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 5/16/24. (ntl) (Entered: 05/16/2024) (0) |
| May 15, 2024 | 446 | ORAL ORDER: IT IS HEREBY ORDERED that any letter response of Plaintiff IBM to Defendant's Letter Regarding Request to Adjust Schedule, D.I. 445, shall be filed no later than 3:00 pm on May 17, 2024, and shall not exceed three (3) pages. ORDERED by Judge Gregory B. Williams on 5/15/24. (ntl) (Entered: 05/15/2024) (0) |
| May 15, 2024 | 447 | ORAL ORDER: IT IS HEREBY ORDERED that, by no later than 3:00 pm on May 17, 2024, the parties shall file a joint status report updating the Court on the current status of the narrowing by Plaintiff of the number of asserted claims for each patent remaining at issue and the narrowing by Defendant of the invalidity references for each of those asserted claims. Plaintiff shall specifically identify each of the asserted claims per patent remaining at issue and Defendant shall specifically identify each invalidity reference remaining at issue for each asserted claim by Plaintiff. Plaintiff also shall identify each asserted claim per patent that it has previously identified but set aside during the narrowing process, and Defendant also shall identify each invalidity reference per asserted claim that it has previously identified but set aside during the narrowing process. ORDERED by Judge Gregory B. Williams on 5/14/2024. (lnb) (Entered: 05/15/2024) (0) |
| May 14, 2024 | 445 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Request to Adjust Schedule. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Brian) (Entered: 05/14/2024) (0) |
| May 6, 2024 | 434 | REDACTED VERSION of 388 Reply Brief by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (9) |
| May 6, 2024 | 435 | REDACTED VERSION of 389 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (6) |
| May 6, 2024 | 436 | REDACTED VERSION of 390 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit 1I-1J)(Moore, David) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 437 | REDACTED VERSION of 382 Reply Brief by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (14) |
| May 6, 2024 | 438 | REDACTED VERSION of 384 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit O-T)(Moore, David) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 439 | REDACTED VERSION of 391 Reply Brief, by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (8) |
| May 6, 2024 | 440 | REDACTED VERSION of 394 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (6) |
| May 6, 2024 | 441 | REDACTED VERSION of 396 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit 2C-2F)(Moore, David) (Entered: 05/06/2024) (0) |
| May 6, 2024 | 442 | REDACTED VERSION of 379 Reply Brief by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (8) |
| May 6, 2024 | 443 | REDACTED VERSION of 380 Reply Brief, by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (5) |
| May 6, 2024 | 444 | REDACTED VERSION of 381 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/06/2024) (3) |
| May 3, 2024 | 399 | REDACTED VERSION of 350 Declaration,, by Zynga Inc.. (Attachments: # 1 Exhibits 1-26)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 400 | REDACTED VERSION of 355 Answering Brief in Opposition, by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (16) |
| May 3, 2024 | 401 | REDACTED VERSION of 356 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (5) |
| May 3, 2024 | 402 | REDACTED VERSION of 357 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (9) |
| May 3, 2024 | 403 | REDACTED VERSION of 358 Answering Brief in Opposition, by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (15) |
| May 3, 2024 | 404 | REDACTED VERSION of 359 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 405 | REDACTED VERSION of 360 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 406 | REDACTED VERSION of 361 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-15)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 407 | REDACTED VERSION of 362 Answering Brief in Opposition, by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (13) |
| May 3, 2024 | 408 | REDACTED VERSION of 363 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (4) |
| May 3, 2024 | 409 | REDACTED VERSION of 364 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (5) |
| May 3, 2024 | 410 | REDACTED VERSION of 365 Answering Brief in Opposition, by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (14) |
| May 3, 2024 | 411 | REDACTED VERSION of 366 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits 1-4)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 412 | REDACTED VERSION of 368 Answering Brief in Opposition by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (25) |
| May 3, 2024 | 413 | REDACTED VERSION of 371 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-11)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 414 | REDACTED VERSION of 383 Reply Brief by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (15) |
| May 3, 2024 | 415 | STATEMENT re 386 Reply Brief by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (11) |
| May 3, 2024 | 416 | REDACTED VERSION of 387 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits 13-14)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 417 | REDACTED VERSION of 392 Reply Brief, by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (18) |
| May 3, 2024 | 418 | REDACTED VERSION of 393 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits 27-28)(Farnan, Brian) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 419 | REDACTED VERSION of 395 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (7) |
| May 3, 2024 | 420 | REDACTED VERSION of 397 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (7) |
| May 3, 2024 | 421 | REDACTED VERSION of 398 Statement by Zynga Inc.. (Farnan, Brian) (Entered: 05/03/2024) (7) |
| May 3, 2024 | 422 | REDACTED VERSION of 353 Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (16) |
| May 3, 2024 | 423 | REDACTED VERSION of 354 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 424 | REDACTED VERSION of 351 Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (28) |
| May 3, 2024 | 425 | REDACTED VERSION of 352 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 05/03/2024) (0) |
| May 3, 2024 | 426 | REDACTED VERSION of 367 Answering Brief in Opposition,, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (21) |
| May 3, 2024 | 427 | REDACTED VERSION of 369 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 428 | REDACTED VERSION of 370 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 429 | REDACTED VERSION of 372 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (8) |
| May 3, 2024 | 430 | REDACTED VERSION of 373 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 431 | REDACTED VERSION of 374 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (4) |
| May 3, 2024 | 432 | REDACTED VERSION of 375 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 05/03/2024) (6) |
| May 3, 2024 | 433 | REDACTED VERSION of 376 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit A-A-3, # 2 Exhibit A4-A-8, # 3 Exhibit B-P)(Moore, David) (Entered: 05/03/2024) (0) |
| Apr 29, 2024 | 379 | [SEALED] REPLY BRIEF re 314 MOTION to Preclude [Plaintiff IBM's Motion to Exclude Expert Testimony of Mr. Douglas Kidder] filed by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 380 | [SEALED] REPLY BRIEF re 308 MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 filed by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 381 | [SEALED] STATEMENT re 363 Statement [IBM's Response to Defendant Zynga Inc.'s Statement of Disputed Material Facts in Support of its Opposition to IBM's Motion for Summary Judgment #3] by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 382 | [SEALED] REPLY BRIEF re 320 MOTION to Preclude and Exclude Expert Testimony of Drs. Almeroth and Bennett filed by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 383 | [SEALED] REPLY BRIEF re 299 MOTION to Preclude the Expert Testimony of Dominic M. Persechini filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 384 | [SEALED] DECLARATION re 382 Reply Brief [Declaration of Caitrianne Feddeler] by International Business Machines Corporation. (Attachments: # 1 Exhibit O-T)(Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 385 | DECLARATION re 383 Reply Brief of Sarah K. Mullins by Zynga Inc.. (Attachments: # 1 Exhibit 17, # 2 Exhibit 18)(Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 386 | [SEALED] REPLY BRIEF re 305 MOTION to Preclude the Expert Testimony of Christopher Thompson filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 387 | [SEALED] DECLARATION re 386 Reply Brief of Evan Brewer by Zynga Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14)(Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 388 | [SEALED] REPLY BRIEF re 294 MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 filed by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 389 | [SEALED] STATEMENT re 356 Statement [IBM's Response to Zynga's Statement of Disputed Material Facts Regarding IBM's Motion for Summary Judgment #1of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849] by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 390 | [SEALED] DECLARATION re 388 Reply Brief [Declaration of Benjamin J. Rodd] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1I - 1J)(Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 391 | [SEALED] REPLY BRIEF re 298 MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel filed by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 392 | [SEALED] REPLY BRIEF re 312 MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory, 315 MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719, 313 MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 393 | [SEALED] DECLARATION re 392 Reply Brief, of Brooks J. Kenyon by Zynga Inc.. (Attachments: # 1 Exhibit 27, # 2 Exhibit 28)(Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 394 | [SEALED] STATEMENT re 359 Statement [IBM's Response to Zynga's Statement of Disputed Facts regarding IBM's Motion for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel] by International Business Machines Corporation. (Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 395 | [SEALED] STATEMENT re 370 Statement, Response to IBM's Statement of Material Facts To Be Tried in Support of its Opposition to Zynga's Motion for Summary Judgment No. 1 by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 396 | [SEALED] DECLARATION re 391 Reply Brief, [Declaration of Michael K. Hilyard] by International Business Machines Corporation. (Attachments: # 1 Exhibit 2C-2F)(Moore, David) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 397 | [SEALED] STATEMENT re 373 Statement, Response to IBM's Statement of Material Facts To Be Tried in Support of its Opposition to Zynga's Motion for Summary Judgment No. 2 by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 29, 2024 | 398 | [SEALED] STATEMENT re 375 Statement, Response to IBM's Statement of Material Facts To Be Tried in Support of its Opposition to Zynga's Motion for Summary Judgment No. 3 by Zynga Inc.. (Farnan, Brian) (Entered: 04/29/2024) (0) |
| Apr 25, 2024 | 378 | STIPULATION TO EXTEND TIME to File Redacted Briefing to May 3, 2024 - filed by Zynga Inc.. (Farnan, Michael) (Entered: 04/25/2024) (1) |
| Apr 22, 2024 | 350 | [SEALED] DECLARATION re 319 Declaration,, of Brooks J. Kenyon - Corrected by Zynga 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 26)(Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 351 | [SEALED] ANSWERING BRIEF in Opposition re 299 MOTION to Preclude the Expert Testimony of Dominic M. Persechini filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 4/29/2024. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 352 | [SEALED] DECLARATION re 351 Answering Brief in Opposition, [Declaration of Sumeet Dang] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 353 | [SEALED] ANSWERING BRIEF in Opposition re 305 MOTION to Preclude the Expert Testimony of Christopher Thompson filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 4/29/2024. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 354 | [SEALED] DECLARATION re 353 Answering Brief in Opposition, [Declaration of Michael K. Hilyard] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 355 | [SEALED] ANSWERING BRIEF in Opposition re 294 MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 filed by Zynga Inc..Reply Brief due date per Local Rules is 4/29/2024. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 356 | [SEALED] STATEMENT re 355 Answering Brief in Opposition, Concise Statement of Disputed Facts by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 357 | [SEALED] STATEMENT re 296 Statement Response to Concise Statement of Facts regarding IBM's Motion for Summary Judgment #1 by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 358 | [SEALED] ANSWERING BRIEF in Opposition re 298 MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel filed by Zynga Inc..Reply Brief due date per Local Rules is 4/29/2024. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 359 | [SEALED] STATEMENT re 358 Answering Brief in Opposition, Concise Statement of Disputed Facts regarding Opposition to IBM's Motion for Summary Judgment #2 by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 360 | [SEALED] STATEMENT re 302 Statement, Response to Concise Statement of Facts regarding IBM's Motion for Summary Judgment #2 by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 361 | [SEALED] DECLARATION re 355 Answering Brief in Opposition, 358 Answering Brief in Opposition, of Brooks J. Kenyon by Zynga 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 362 | [SEALED] ANSWERING BRIEF in Opposition re 308 MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 filed by Zynga Inc..Reply Brief due date per Local Rules is 4/29/2024. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 363 | [SEALED] STATEMENT re 362 Answering Brief in Opposition, Concise Statement of Disputed Facts regarding Opposition to IBM's Motion for Summary Judgment #3 by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 364 | [SEALED] STATEMENT re 310 Statement, Response to Concise Statement of Facts regarding IBM's Motion for Summary Judgment #3 by Zynga Inc.. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 365 | [SEALED] ANSWERING BRIEF in Opposition re 314 MOTION to Preclude [Plaintiff IBM's Motion to Exclude Expert Testimony of Mr. Douglas Kidder] filed by Zynga Inc..Reply Brief due date per Local Rules is 4/29/2024. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 366 | [SEALED] DECLARATION re 365 Answering Brief in Opposition, of Sarah K. Mullins by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 367 | [SEALED] ANSWERING BRIEF in Opposition re 312 MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory, 315 MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719, 313 MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 4/29/2024. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 368 | [SEALED] ANSWERING BRIEF in Opposition re 320 MOTION to Preclude and Exclude Expert Testimony of Drs. Almeroth and Bennett filed by Zynga Inc..Reply Brief due date per Local Rules is 4/29/2024. (Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 369 | [SEALED] STATEMENT re 321 Statement [IBM's Response To Defendant's Statement Of Undisputed Facts Regarding Non-Infringement U.S. Patent No. 7,072,849 Under Third-Party Advertising Theory (1RSOF)] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 370 | [SEALED] STATEMENT re 321 Statement [IBM's Statement Of Material Facts To Be Tried In Support Of Its Opposition To Zynga's Motion For Summary Judgment Of Non-Infringement Of U.S. Patent No. 7,072,849 Under IBM's Third-Party Advertising Theory ("1SAF")] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 371 | [SEALED] DECLARATION re 368 Answering Brief in Opposition of Will Melehani by Zynga 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)(Farnan, Brian) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 372 | [SEALED] STATEMENT re 323 Statement [IBM's Response To "Defendant's Statement Of Undisputed Facts Regarding Non-Infringement Of U.S. Patent No. 7,072,849 Under IBM's 'In-App Offers' Theory" ("2RSOF")] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 373 | [SEALED] STATEMENT re 367 Answering Brief in Opposition,, [IBM's Statement Of Material Facts To Be Tried In Support Of Its Opposition To Zynga's Motion For Summary Judgment Of Non-Infringement Of U.S. Patent No. 7,072,849 Under IBM's "In-App Offer" Theory ("2SAF")] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 374 | [SEALED] STATEMENT re 324 Statement [IBM's Response To Defendant's Statement Of Undisputed Facts Regarding Non-Infringement Of U.S. Patent No. 7,702,719 ("3RSOF")] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 375 | [SEALED] STATEMENT re 367 Answering Brief in Opposition,, [IBM's Statement Of Material Facts To Be Tried In Support Of Its Opposition To Zynga's Motion For Summary Judgment Of Non- Infringement Of U.S. Patent No. 7,702,719 (No. #3) ("3SAF")] by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 376 | [SEALED] DECLARATION re 367 Answering Brief in Opposition,, [Declaration of Caitrianne E. Feddeler] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-A-3, # 2 Exhibit A-4-A-8, # 3 Exhibit B-P)(Moore, David) (Entered: 04/22/2024) (0) |
| Apr 22, 2024 | 377 | PROPOSED ORDER Denying Defendant Zynga Inc.'s Motions for Summary Judgment and Motions to Exclude Certain Expert Testimonies re 312 MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory, 305 MOTION to Preclude the Expert Testimony of Christopher Thompson, 299 MOTION to Preclude the Expert Testimony of Dominic M. Persechini, 315 MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719, 313 MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory by International Business Machines Corporation. (Moore, David) (Entered: 04/22/2024) (1) |
| Apr 12, 2024 | 328 | REDACTED VERSION of 301 Opening Brief in Support by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (29) |
| Apr 12, 2024 | 329 | REDACTED VERSION of 304 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-16)(Farnan, Brian) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 330 | REDACTED VERSION of 306 Opening Brief in Support by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (18) |
| Apr 12, 2024 | 331 | REDACTED VERSION of 307 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Brian) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 332 | REDACTED VERSION of 316 Opening Brief in Support,, by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (25) |
| Apr 12, 2024 | 333 | REDACTED VERSION of 319 Declaration,, by Zynga Inc.. (Attachments: # 1 Exhibits 1-26)(Farnan, Brian) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 334 | REDACTED VERSION of 321 Statement regarding Motion for Summary Judgment No. 1 by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (7) |
| Apr 12, 2024 | 335 | REDACTED VERSION of 323 Statement regarding Motion for Summary Judgment No. 2 by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (8) |
| Apr 12, 2024 | 336 | REDACTED VERSION of 324 Statement regarding Motion for Summary Judgment No. 3 by Zynga Inc.. (Farnan, Brian) (Entered: 04/12/2024) (5) |
| Apr 12, 2024 | 337 | REDACTED VERSION of 317 Opening Brief in Support, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (9) |
| Apr 12, 2024 | 338 | REDACTED VERSION of 318 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 339 | REDACTED VERSION of 300 Opening Brief in Support, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (10) |
| Apr 12, 2024 | 340 | REDACTED VERSION of 302 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (5) |
| Apr 12, 2024 | 341 | REDACTED VERSION of 303 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit 2A-2B)(Moore, David) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 342 | REDACTED VERSION of 322 Opening Brief in Support, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (30) |
| Apr 12, 2024 | 343 | REDACTED VERSION of 325 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-N)(Moore, David) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 344 | REDACTED VERSION of 295 Opening Brief in Support, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (14) |
| Apr 12, 2024 | 345 | REDACTED VERSION of 296 Statement by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (8) |
| Apr 12, 2024 | 346 | REDACTED VERSION of 297 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1A-1D, # 2 Exhibit 1E-1H)(Moore, David) (Entered: 04/12/2024) (0) |
| Apr 12, 2024 | 347 | REDACTED VERSION of 309 Opening Brief in Support, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (10) |
| Apr 12, 2024 | 348 | REDACTED VERSION of 310 Statement, by International Business Machines Corporation. (Moore, David) (Entered: 04/12/2024) (4) |
| Apr 12, 2024 | 349 | REDACTED VERSION of 311 Declaration, by International Business Machines Corporation. (Attachments: # 1 Exhibit 3A-3H)(Moore, David) (Entered: 04/12/2024) (0) |
| Apr 9, 2024 | 327 | [SEALED] MULTI MEDIA DOCUMENT filed by Zynga Inc. in the form of a USB drive. Filing related to 326 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (ntl) (Entered: 04/09/2024) (0) |
| Apr 5, 2024 | 293 | NOTICE of Subsequent Authority by Zynga Inc. re 168 MOTION for Judgment on the Pleadings (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 294 | MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 295 | [SEALED] OPENING BRIEF in Support re 294 MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 4/19/2024. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 296 | [SEALED] STATEMENT re 294 MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 [Concise Statement of Facts] by International Business Machines Corporation. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 297 | [SEALED] DECLARATION re 294 MOTION for Summary Judgment #1 of No Anticipation for the Asserted Claims of U.S. Patent No. 7,072,849 [Declaration of Benjamin J. Rodd] by International Business Machines Corporation. (Attachments: # 1 Exhibit 1A-1D, # 2 Exhibit 1E-1H)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 298 | MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 299 | MOTION to Preclude the Expert Testimony of Dominic M. Persechini - filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (4) |
| Apr 5, 2024 | 300 | [SEALED] OPENING BRIEF in Support re 298 MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 4/19/2024. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 301 | [SEALED] OPENING BRIEF in Support re 299 MOTION to Preclude the Expert Testimony of Dominic M. Persechini filed by Zynga Inc..Answering Brief/Response due date per Local Rules is 4/19/2024. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 302 | [SEALED] STATEMENT re 298 MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel [Concise Statement of Facts] by International Business Machines Corporation. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 303 | [SEALED] DECLARATION re 298 MOTION for Summary Judgment #2 of No Affirmative Defenses of Prosecution History Estoppel, Collateral Estoppel, Prosecution Laches, Unclean Hands, Waiver, and Equitable Estoppel [Declaration of Michael K. Hilyard] by International Business Machines Corporation. (Attachments: # 1 Exhibit 2A-2B)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 304 | [SEALED] DECLARATION re 301 Opening Brief in Support of Sarah K. Mullins by Zynga 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 305 | MOTION to Preclude the Expert Testimony of Christopher Thompson - filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (3) |
| Apr 5, 2024 | 306 | [SEALED] OPENING BRIEF in Support re 305 MOTION to Preclude the Expert Testimony of Christopher Thompson filed by Zynga Inc..Answering Brief/Response due date per Local Rules is 4/19/2024. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 307 | [SEALED] DECLARATION re 306 Opening Brief in Support of Evan Brewer by Zynga 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 - Part 1 of 3, # 12 Exhibit 11 - Part 2 of 3, # 13 Exhibit 11 - Part 3 of 3, # 14 Exhibit 12)(Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 308 | MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 309 | [SEALED] OPENING BRIEF in Support re 308 MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 4/19/2024. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 310 | [SEALED] STATEMENT re 308 MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 [Concise Statement of Facts] by International Business Machines Corporation. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 311 | [SEALED] DECLARATION re 308 MOTION for Summary Judgment #3 That the Appendices to the Yelon Patent Application are Not Prior Art to the Asserted Claims of U.S. Patent No. 7,702,719 [Declaration of Raymond N. Habbaz] by International Business Machines Corporation. (Attachments: # 1 Exhibit 3A-3H)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 312 | MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory - filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (3) |
| Apr 5, 2024 | 313 | MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory - filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (3) |
| Apr 5, 2024 | 314 | MOTION to Preclude [Plaintiff IBM's Motion to Exclude Expert Testimony of Mr. Douglas Kidder] - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 315 | MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719 - filed by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (3) |
| Apr 5, 2024 | 316 | [SEALED] OPENING BRIEF in Support re 312 MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory, 315 MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719, 313 MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory filed by Zynga Inc..Answering Brief/Response due date per Local Rules is 4/19/2024. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 317 | [SEALED] OPENING BRIEF in Support re 314 MOTION to Preclude [Plaintiff IBM's Motion to Exclude Expert Testimony of Mr. Douglas Kidder] filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 4/19/2024. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 318 | [SEALED] DECLARATION re 314 MOTION to Preclude [Plaintiff IBM's Motion to Exclude Expert Testimony of Mr. Douglas Kidder] [Declaration of Sumeet Dang] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-B)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 319 | [SEALED] DECLARATION re 316 Opening Brief in Support,, of Brooks J. Kenyon by Zynga 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 26)(Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 320 | MOTION to Preclude and Exclude Expert Testimony of Drs. Almeroth and Bennett - filed by International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 321 | [SEALED] STATEMENT re 312 MOTION for Summary Judgment No. 1 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM;s "Third-Party Advertising" Theory Concise Statement of Facts by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 322 | [SEALED] OPENING BRIEF in Support re 320 MOTION to Preclude and Exclude Expert Testimony of Drs. Almeroth and Bennett filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 4/19/2024. (Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 323 | [SEALED] STATEMENT re 313 MOTION for Summary Judgment No. 2 of Non-Infringement of U.S. Patent No. 7,072,849 under IBM's "In-App Offers" Theory Concise Statement of Facts by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 324 | [SEALED] STATEMENT re 315 MOTION for Summary Judgment No. 3 of Non-Infringement of U.S. Patent No. 7,702,719 Concise Statement of Facts by Zynga Inc.. (Farnan, Brian) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 325 | [SEALED] DECLARATION re 320 MOTION to Preclude and Exclude Expert Testimony of Drs. Almeroth and Bennett [Declaration of Caitrianne Feddeler] by International Business Machines Corporation. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E-J, # 3 Exhibit K-N)(Moore, David) (Entered: 04/05/2024) (0) |
| Apr 5, 2024 | 326 | NOTICE of filing the following Non-Paper material(s) in multi media format: two USBs containing sealed Exhibit 14 to the Declaration of Brooks J. Kenyon (D.I. 319). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of Zynga Inc. (Farnan, Brian) (Entered: 04/05/2024) (3) |
| Mar 29, 2024 | 292 | NOTICE OF SERVICE of IBM's Response to Zynga's Fourth Set of Interrogatories to IBM (No. 24) [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 03/29/2024) (2) |
| Mar 22, 2024 | 291 | NOTICE OF SERVICE of Supplemental Expert Report of Kevin C. Almeroth, Ph.D. on Non-Infringement of U.S. Patent No. 7,072,849 filed by Zynga Inc..(Farnan, Brian) (Entered: 03/22/2024) (2) |
| Mar 21, 2024 | 290 | STIPULATION to Amend Scheduling Order by Zynga Inc.. (Farnan, Michael) (Entered: 03/21/2024) (2) |
| Mar 20, 2024 | 289 | NOTICE OF SERVICE of (i) Reply Expert Report of Kevin C. Almeroth, Ph.D. on Invalidity of, and Non-Infringing Alternatives to, U.S. Patent No. 7,072,849 and (ii) Surrebutttal Expert Report of John K. Bennett, Ph.D. P.E. filed by Zynga Inc..(Farnan, Brian) (Entered: 03/20/2024) (2) |
| Mar 19, 2024 | 288 | NOTICE OF SERVICE of Defendant's Fourth Set of Interrogatories to Plaintiff (No. 24) filed by Zynga Inc..(Farnan, Brian) (Entered: 03/19/2024) (2) |
| Mar 18, 2024 | 287 | ORAL ORDER: The Court has reviewed the parties' joint letter regarding the timing and scope of supplemental discovery (D.I. 286). Zynga seeks the following: (1) supplemental discovery into IBM's basis for its view that Words With Friends 1 ("WWF1"), New Words With Friends ("NWWF"), and Words With Friends 2 ("WWF2") infringe each of the Asserted Claims in the same manner by serving an interrogatory on IBM attached to the joint letter as "Exhibit B"; (2) additional time to investigate the differences between WWF1, NWWF, and WWF2; (3) additional time to supplement its written discovery responses and document production to include WWF1 and NWWF; (4) additional time for the parties to exchange short supplemental expert reports addressing the new games, WWF1 and NWWF, as well as the Federal Circuit's decision in Chewy v. IBM; and (5) an increase in the number of trial days scheduled from five to eight. In response, IBM contends that (1) there is no need to change the current Scheduling Order; (2) any supplemental discovery necessary can proceed in tandem with other case deadlines; (3) extending the case schedule by putting the case on hold while Zygna completes supplemental discovery relating to WWF1 and NWWF will unnecessarily delay the trial; (4) Zynga's proposal includes a substantial amount of unnecessary discovery; (5) the only supplemental discovery that Zynga could possibly need is time to investigate the differences between WWF1, NWWF, and WWF2 for purposes of infringement and the submission of a supplemental expert report detailing any differences found; (6) any difficulties that Zynga has completing the supplemental discovery are of its own making since Zynga has been aware that WWF1 and NWWF may be among the accused for some time and should have begun investigating the issues long ago; and (7) there is no justification for Zygna's request to increase the allocated number of trial days from five to eight. Having considered the parties' respective arguments, the Court GRANTS Zynga's request to conduct some supplemental discovery into IBM's basis for its view that WWF1, NWWF, and WWF2 infringe each of the Asserted Claims in the same manner by requiring IBM to respond in writing, by no later March 28, 2024, to Zynga's interrogatory attached to the joint letter as "Exhibit B." The Court agrees with IBM that the case can proceed under the current case schedule and need not be paused while Zynga conducts the supplemental discovery investigating the differences, if any, between WWF1, NWWF, and WWF2. The Court will reconsider extending the current case schedule and moving the trial date if IBM does not cooperate in a reasonable and timely manner with Zyna's request for supplemental discovery during Zygna's investigation into the differences between WWF1, NWWF, and WWF2 or the Court otherwise finds that an extension of the current case schedule and/or moving the trial date is warranted. Also, in the event that Zynga's investigation does reveal additional differences between WWF1, NWWF, and WWF2, Zynga may seek leave to amend or supplement its pertinent discovery responses and/or dispositive motion briefing as necessary on or before ten (10) days after receiving notice of such differences. Both parties should update their discovery responses promptly with respect to damages. Both parties agree that supplemental expert reports addressing WWF1 and NWWF and the impact of the Chewy decision on each expert's opinions are necessary. Thus, the Court will allow both sides to submit such supplemental expert reports covering such matters. At this time, the Court will not increase the allocated number of trial days from five to eight. In the event that substantial differences between WWF1, NWWF, and WWF2 are discovered that make a five-day trial impracticable, the Court may reconsider the request before trial. Accordingly, IT IS HEREBY ORDERED that the parties shall meet and confer and submit a joint proposed revised scheduling order setting forth the agreed upon schedule for the submission of the parties' respective supplemental expert reports and incorporating the other rulings and requirements of this Order, for the Court's review and approval, by March 21, 2024. ORDERED by Judge Gregory B. Williams on 3/18/24. (ntl) (Entered: 03/18/2024) (0) |
| Mar 15, 2024 | 285 | NOTICE requesting Clerk to remove Amy I. Wann and Jonas R. McDavit as co-counsel. Reason for request: A. Wann is no longer with the firm of Desmarais LLP, and J. McDavit is no longer working on case. (Palapura, Bindu) (Entered: 03/15/2024) (2) |
| Mar 15, 2024 | 286 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Supplemental Discovery in Response to the Court's March 7th Oral Order Denying Zynga's Motion to Strike - re 277 Order,,,,,,,,,,,,,,,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Michael) (Entered: 03/15/2024) (0) |
| Mar 14, 2024 | 284 | STATEMENT Reply to Plaintiff's Response to Zynga's Notice of Subsequent Authority by Zynga Inc.. (Farnan, Brian) (Entered: 03/14/2024) (3) |
| Mar 12, 2024 | 283 | NOTICE OF SERVICE of IBM's Second Narrowing of the Asserted Claims: U.S. Patent No. 7,072,849 - Claims 1, 8, 9, 12, 13, 21, and 22; and U.S. Patent No. 7,702,719 - Claims 1, 2, and 12 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 03/12/2024) (3) |
| Mar 11, 2024 | 281 | STATEMENT re 278 Notice (Other) [Plaintiff's Response to Zynga's Notice of Subsequent Authority] by International Business Machines Corporation. (Palapura, Bindu) (Entered: 03/11/2024) (2) |
| Mar 11, 2024 | 282 | STIPULATION Regarding Protective Order by International Business Machines Corporation. (Palapura, Bindu) (Entered: 03/11/2024) (2) |
| Mar 8, 2024 | 279 | REDACTED VERSION of 270 Letter by Zynga Inc.. (Farnan, Michael) (Entered: 03/08/2024) (4) |
| Mar 8, 2024 | 280 | REDACTED VERSION of 271 Declaration by Zynga Inc.. (Attachments: # 1 Exhibits 13-17)(Farnan, Michael) (Entered: 03/08/2024) (0) |
| Mar 7, 2024 | 277 | ORAL ORDER: The Court has reviewed the parties' letters on Zynga's Motion to Strike IBM's Opening Expert Report (D.I. 263, D.I. 268, D.I. 270). As explained in more detail below, the motion to strike is DENIED. Zynga moves to strike portions of IBM's opening expert report that accuse Words With Friends 1 ("WWF1") and New Words With Friends ("NWWF") of infringing U.S. Patent No. 7,072,849. Zynga argues that IBM did not adequately disclose its infringement theory as to these games, but only accused a different game: Words With Friends 2 ("WWF2"). IBM did not specifically identify WWF1 and NWWF as "Accused Products" in the cover pleadings of its infringement contentions, and did not provide specific claim-by-claim infringement contentions for those games. However, IBM did identify WWF1 and NWWF, by name, as "Accused Products" in its claim charts. While the Court is not totally convinced by IBM's argument that WWF1 and NWWF were encompassed by "prior versions" in the cover pleadings to the claim charts and has some concerns about the completeness and clarity of IBM's disclosure, given the specific factual circumstances of this case, the Court finds that IBM's disclosure of its infringement theories for WWF1 and NWWF was adequate. First, WWF1 and NWWF were specifically identified as "Accused Products," on multiple occasions. See D.I. 263, Ex. 6 at 5, 7; Ex. 8 at 12, 15. Second, IBM provided enough extensive source code, screenshots, and technical documents from WWF1 and NWWF to, at least, put Zynga on notice that they those products may be among those accused. See D.I. 268, Ex. A at 22, 610-18, 690-93, 750-51, 790-802, 954, 979. Third, Zynga's witnesses were prepared to discuss all Words With Friends Games, and Zynga produced documents from WWF1 and NWWF during discovery, similar to what it did for other accused games. See D.I. 268, Ex. C (Lemer Dep. Tr.) at 11:1-4 ("Do you understand that you're here to testify with respect to Topic 2 for Zynga's Words with Friends games? [A] I do."). While Zynga argues it was just being overprepared, its disclosures and witness preparation indicate a lack of surprise that NWWF and WWF2 were at issue in the case. Fourth, given that IBM's disclosed theory is that WWF1 and NWWF infringe in the same way as WWF2 and IBM provided adequate disclosures and detailed claim-by-claim contentions for WWF2, the fact that IBM failed to provide detailed claim-by-claim contentions for NWWF and WWF1 is not fatal. Zynga's own witnesses confirm an understanding of this theory. See Ex. C (Lemer Dep. Tr.) at 152:22-153:15; Ex. E (Ballard Dep. Tr.) at 56:21-57:3. Thus, while there are some deficiencies with IBM's disclosures with respect to WWF1 and NWWF, the Court does not find those deficiencies to be incurable under the circumstances of this case. Moreover, even if the Court were to find that IBM's disclosure was inadequate, the Pennypack factors weigh strongly against exclusion. Importantly, Zynga does not face significant prejudice or surprise from the inclusion of WWF1 and NWWF given that its experts were already prepared to discuss those games, and its experts have stated there are not material differences between WWF1/NWWF and WWF2. Also, any alleged prejudice can be cured without disruption to the current trial schedule. There are more than six months remaining before trial and, if Zynga believes that it needs some additional discovery about WWF1 and NWWF, there is sufficient time to cure by the parties reaching agreement to the scope and schedule for the supplemental discovery concerning WWF1 and NWWF and/or Zynga seeking leave from the Court for such discovery. Further, there is no evidence of bad faith conduct or willfulness by IBM. Rather, IBM's contentions specifically identified the games on numerous occasions, and the references were not so hidden as to constitute bad faith. Lastly, the evidence appears to be important. Removing WWF1 and NWWF from the trial could potentially remove approximately one third of the potential damages from the case. Given the circumstances of this case, the Court will not strike IBM's opening expert and, thus, denies Zygna's motion. The Court HEREBY ORDERS IBM and Zynga, by no later than March 15, 2024, to meet and confer to discuss and attempt to reach agreement on the scope and schedule of any supplemental discovery that Zygna needs on WWF1 and NWWF and jointly report back to the Court in writing with respect to any agreements reached and/or remaining disputes for the Court to resolve on the scope of any supplemental discovery and/or deadline to complete it. ORDERED by Judge Gregory B. Williams on 3/7/24. (ntl) (Entered: 03/07/2024) (0) |
| Mar 7, 2024 | 278 | NOTICE of Subsequent Authority by Zynga Inc. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 03/07/2024) (0) |
| Mar 5, 2024 | 275 | REDACTED VERSION of 268 Letter by International Business Machines Corporation. (Palapura, Bindu) (Entered: 03/05/2024) (6) |
| Mar 5, 2024 | 276 | REDACTED VERSION of 269 Declaration by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Palapura, Bindu) (Entered: 03/05/2024) (0) |
| Mar 4, 2024 | 273 | NOTICE OF SERVICE of (i) Expert Report of Douglas Kidder Regarding Damages; (ii) Rebuttal Expert Report of John K. Bennett, Ph.D., P.E.; and (iii) Rebuttal Expert Report of Kevin C. Almeroth, Ph.D. on Non-Infringement of, and Other Technical Opinions Related to U.S. Patent No. 7,072,849 filed by Zynga Inc..(Farnan, Brian) (Entered: 03/04/2024) (2) |
| Mar 4, 2024 | 274 | NOTICE OF SERVICE of Expert Report of Douglas Kidder Regarding Damages [Highly Confidential - Attorneys' Eyes Only], Rebuttal Expert Report of Kevin C. Almeroth, Ph.D. on Non-Infringement of, and Other Technical Opinions Related to U.S. Patent No. 7,072,849 with Exhibits 1-4 [Highly Confidential - Attorneys' Eyes Only - Source Code], Rebuttal Expert Report of John K. Bennett, Ph.D., P.E. [Highly Confidential - Attorneys' Eyes Only - Source Code], Rebuttal Expert Report of Kevin Jeffay, Ph.D. Regarding the Validity of U.S. Patent Nos. 7,072,849 and 7,702,719 with Exhibits 1-2 [Highly Confidential - Attorneys' Eyes Only], and Rebuttal Expert Report of Dr. Scott Martin with Exhibit C [Highly Confidential - Outside Attorneys Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 03/04/2024) (3) |
| Mar 1, 2024 | 270 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Reply Letter Brief in support of Motion to Strike - re 262 MOTION to Strike Opening Expert Report. (Farnan, Brian) (Entered: 03/01/2024) (0) |
| Mar 1, 2024 | 271 | [SEALED] DECLARATION re 270 Letter of Brooks J. Kenyon by Zynga Inc.. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15, # 4 Exhibit 16, # 5 Exhibit 17)(Farnan, Brian) (Entered: 03/01/2024) (0) |
| Mar 1, 2024 | 272 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Request for Teleconference - re 262 MOTION to Strike Opening Expert Report. (Farnan, Brian) (Entered: 03/01/2024) (1) |
| Feb 27, 2024 | 266 | REDACTED VERSION of 263 Letter by Zynga Inc.. (Farnan, Michael) (Entered: 02/27/2024) (5) |
| Feb 27, 2024 | 267 | REDACTED VERSION of 264 Declaration, by Zynga Inc.. (Attachments: # 1 Exhibits 1-12)(Farnan, Michael) (Entered: 02/27/2024) (0) |
| Feb 27, 2024 | 268 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding Opposition Letter Brief to Defendant's Motion to Strike - re 262 MOTION to Strike Opening Expert Report. (Palapura, Bindu) (Entered: 02/27/2024) (0) |
| Feb 27, 2024 | 269 | [SEALED] DECLARATION re 268 Letter [Declaration of Sumeet Dang] by International Business Machines Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Palapura, Bindu) (Entered: 02/27/2024) (0) |
| Feb 20, 2024 | 262 | MOTION to Strike Opening Expert Report - filed by Zynga Inc.. (Farnan, Brian) (Entered: 02/20/2024) (2) |
| Feb 20, 2024 | 263 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Opening Letter Brief in Support of Motion to Strike - re 262 MOTION to Strike Opening Expert Report. (Farnan, Brian) (Entered: 02/20/2024) (0) |
| Feb 20, 2024 | 264 | [SEALED] DECLARATION re 263 Letter of Brooks J. Kenyon by Zynga 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)(Farnan, Brian) (Entered: 02/20/2024) (0) |
| Feb 20, 2024 | 265 | NOTICE of filing the following Non-Paper material(s) in multi media format: two USBs containing sealed Exhibit 12 to the Declaration of Brooks J. Kenyon. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Brian E. Farnan on behalf of Zynga Inc. (Farnan, Brian) (Entered: 02/20/2024) (2) |
| Feb 6, 2024 | 261 | NOTICE OF SERVICE of (i) Expert Report of Kevin C. Almeroth, Ph.D. on Invalidity of U.S. Patent No. 7,072,849; (ii) Expert Report of John K. Bennett, Ph.D., P.E.; and (iii) Expert Report of James L. Mullins, Ph.D. on Authenticity and Public Accessibility of Certain Prior Art References filed by Zynga Inc..(Farnan, Brian) (Entered: 02/06/2024) (2) |
| Feb 5, 2024 | 260 | NOTICE OF SERVICE of Expert Report of Dominic M. Persechini [Highly Confidential - Attorneys' Eyes Only], Opening Expert Report of Dr. Scott Martin with Exhibits A-B [Highly Confidential - Outside Attorneys' Eyes Only], and Opening Expert Report of Christopher Thompson with Exhibits A-G [Highly Confidential - Attorneys' Eyes Only - Source Code] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 02/05/2024) (3) |
| Jan 30, 2024 | 259 | STIPULATION of Dismissal With Prejudice as to Defendant Chartboost, Inc. by International Business Machines Corporation. (Palapura, Bindu) (Entered: 01/30/2024) (2) |
| Jan 23, 2024 | 258 | NOTICE OF SERVICE of Defendants' Sixth Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 01/23/2024) (2) |
| Jan 22, 2024 | 257 | NOTICE OF SERVICE of IBM's First Narrowing of the Asserted Claims: U.S. Patent No. 7,072,849 - Claims 1, 3, 8, 9, 12, 13, 21, and 22; and U.S. Patent No. 7,702,719 - Claims 1, 2, 12, and 26 filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/22/2024) (2) |
| Jan 19, 2024 | 254 | [SEALED] Motion to Compel filed by International Business Machines Corporation (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (ntl) (Entered: 01/19/2024) (0) |
| Jan 19, 2024 | 255 | REDACTED VERSION of 250 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Palapura, Bindu) (Entered: 01/19/2024) (0) |
| Jan 19, 2024 | 256 | MEMORANDUM OPINION and Special Master Order #2. Signed by Chad S.C. Stover on 1/19/24. (ntl) (Main Document 256 UNSEALED and replaced on 1/23/2024) (ntl). Modified on 1/23/2024 (ntl). (Entered: 01/19/2024) (7) |
| Jan 18, 2024 | 253 | ORAL ORDER: The Court, having reviewed the parties' letters on case narrowing (D.I. 250, D.I. 252), hereby ORDERS as follows: (1) The Court will impose limits on the number of obviousness references, not the number of obviousness theories, at this time. While the Court sympathizes with Plaintiff's position that a limit solely on references, with no limit on theories, hypothetically allows Defendant to propose millions of theories, the parties agreed to limit the number of "references," understood "references" to be different from "theories," and filed a scheduling order with the Court to that effect. See D.I. 214; D.I. 252, Ex. 5 at 1-2. The Court reminds both parties to conduct themselves reasonably and recognizes that, if parties do not appropriately narrow the case, there may give good cause for an amended scheduling order with further case narrowing in the future. Moreover, the Court reminds the parties that this will be a timed trial. (2) For this round of case narrowing, Plaintiff shall be limited to eight claims per patent, as the parties have agreed. Defendant shall be limited to eight obviousness references against the '719 patent and sixteen references for the '849 patent. Additional narrowing will be necessary later, but the Court finds that these limits are reasonable and proportionate at this stage. ORDERED by Judge Gregory B. Williams on 1/18/24. (ntl) (Entered: 01/18/2024) (0) |
| Jan 17, 2024 | 252 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's January 12, 2024 Letter - re 250 Letter. (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)(Farnan, Brian) (Entered: 01/17/2024) (0) |
| Jan 12, 2024 | 249 | NOTICE OF SERVICE of (i) Defendants' Fifth Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15); (ii) Defendants' Fourth Supplemental and Amended Joint Responses to Plaintiff's Second Set of Interrogatories (Nos. 16-22) and (iii) Defendants' Second Supplemental Joint Responses to Plaintiff's Third Set of Interrogatories (Nos. 23-24) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 01/12/2024) (2) |
| Jan 12, 2024 | 250 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding opening discovery dispute letter brief. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Palapura, Bindu) (Entered: 01/12/2024) (0) |
| Jan 12, 2024 | 251 | NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Third Set of Requests for Production (Nos. 81-85), IBM's Second Amended Response to Zynga's First Set of Interrogatories to IBM (No. 14) [Highly Confidential - Attorneys' Eyes Only], IBM's Second Amended Response to Zynga's First Set of Interrogatories to IBM (Nos. 1, 2, 12) [Highly Confidential - Attorneys' Eyes Only], Plaintiff's Second Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26 [Highly Confidential - Attorneys' Eyes Only], Plaintiff's Objections and Responses to Defendants' First Set of Requests for Admission (Nos. 1-114) [Highly Confidential - Attorneys' Eyes Only], Plaintiff's Objections and Responses to Defendants Third Set of Interrogatories to Plaintiff (Nos. 16-23) [Highly Confidential - Attorneys' Eyes Only], IBM's Supplemental Infringement Contentions with Exhibit A-1, Pts. 1-3 and Exhibit A-2, Pts. 1-2 [Highly Confidential - Attorneys' Eyes Only], and Plaintiff's Third Amended Objections and Responses to Defendants' Interrogatory No. 13 [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 01/12/2024) (3) |
| Jan 11, 2024 | 248 | SPECIAL MASTER ORDER #1. Signed by Special Master Chad S.C. Stover on 1/10/24. (ntl) (Entered: 01/11/2024) (3) |
| Jan 9, 2024 | 245 | ORDER Appointing Special Master: Chad S.C. Stover appointed. Signed by Judge Gregory B. Williams on 1/5/24. (ntl) (Entered: 01/09/2024) (4) |
| Jan 9, 2024 | 246 | NOTICE to Take Deposition of Andrew Quinney on January 10, 2024 filed by International Business Machines Corporation.(Moore, David) (Entered: 01/09/2024) (2) |
| Jan 9, 2024 | 247 | NOTICE OF SERVICE of Defendants' Fourth Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15) filed by Zynga Inc..(Farnan, Brian) (Entered: 01/09/2024) (2) |
| Jan 8, 2024 | 244 | NOTICE OF SERVICE of Defendants Zynga Inc. and Chartboost, Inc.'s Second Amended Rule 26(a) Initial Disclosures filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 01/08/2024) (2) |
| Jan 5, 2024 | 243 | NOTICE OF SERVICE of IBM's Third Amended Response to Zynga's First Set of Interrogatories to IBM (No. 4) [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Moore, David) (Entered: 01/05/2024) (3) |
| Dec 27, 2023 | 242 | NOTICE OF SERVICE of Subpoenas to Kurt Frederick Steinwascher and University of Minnesota filed by Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 12/27/2023) (0) |
| Dec 21, 2023 | 241 | NOTICE OF SERVICE of Lester Stafford Briney's Objections and Responses to Defendants' Third-Party Subpoena to Lester Stafford Briney filed by International Business Machines Corporation.(Moore, David) (Entered: 12/21/2023) (2) |
| Dec 20, 2023 | 239 | ORAL ORDER: Having reviewed the parties' most recent request for the scheduling of a discovery teleconference (D.I. 238), and in light of the number of requests by the parties for the Court to intervene on issues related to discovery and the protective order (see, e.g., D.I. 48, D.I. 72, D.I. 112, D.I. 137, D.I. 180), IT IS HEREBY ORDERED that the Court will appoint a Special Master to handle the latest discovery dispute (D.I. 238) and all future discovery disputes with the costs to be shared equally by both sides. ORDERED by Judge Gregory B. Williams on 12/20/23. (ntl) (Entered: 12/20/2023) (0) |
| Dec 20, 2023 | 240 | ORDER REFERRING CASE to Clerk for assignment of a Special Master. Signed by Judge Gregory B. Williams on 12/20/23. (ntl) (Entered: 12/20/2023) (1) |
| Dec 19, 2023 | 237 | STIPULATION Regarding Protective Order re 60 Proposed Order by International Business Machines Corporation. (Brown, Andrew) (Entered: 12/19/2023) (2) |
| Dec 19, 2023 | 238 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding Request for the Scheduling of a Discovery Teleconference. (Moore, David) (Entered: 12/19/2023) (2) |
| Dec 18, 2023 | 236 | NOTICE OF SERVICE of (i) Zynga Inc. and Chartboost, Inc.'s Joint Responses to Plaintiff's Fifth Set of Requests for Production (No. 136) and (ii) Zynga Inc. and Chartboost, Inc.'s Joint Responses to Plaintiff's First Set of Requests for Admission (Nos. 1-110) filed by Zynga Inc..(Farnan, Brian) (Entered: 12/18/2023) (2) |
| Dec 13, 2023 | 235 | NOTICE OF SERVICE of (i) Defendants' Third Set of Interrogatories to Plaintiff (Nos. 16-23); (ii) Defendants' Third Set of Requests for Production to Plaintiff (Nos. 81-85); and (iii) Zynga Inc. and Chartboost, Inc.'s First Set of Requests for Admission to Plaintiff IBM (Nos. 1-114) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 12/13/2023) (2) |
| Dec 12, 2023 | 234 | NOTICE OF SERVICE of Defendants' Final Invalidity Contentions filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 12/12/2023) (2) |
| Dec 11, 2023 | 232 | NOTICE to Take Deposition of James Rayfield on 12/12/2023 filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 12/11/2023) (2) |
| Dec 11, 2023 | 233 | NOTICE to Take Deposition of Jason Berrebi on 12/14/2023 filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 12/11/2023) (2) |
| Dec 9, 2023 | 231 | NOTICE OF SERVICE of Defendants' Third Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15) filed by Zynga Inc..(Farnan, Brian) (Entered: 12/09/2023) (2) |
| Dec 8, 2023 | 230 | NOTICE of Subpoena to Douglas Lefeve by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 12/08/2023) (0) |
| Dec 6, 2023 | 220 | NOTICE to Take Deposition of Jacob Bakhoum on December 11, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 221 | NOTICE to Take Deposition of Engin Erenturk on December 11, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 222 | NOTICE to Take Deposition of Okan Gezeroglu on December 12, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 223 | NOTICE to Take Deposition of Tuomo Nikulainen on December 13, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 224 | NOTICE to Take Deposition of Faye Perola on December 14, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 225 | NOTICE to Take Deposition of Sarvesh Navelkar on December 18, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 226 | NOTICE to Take Deposition of Michael Ballard on December 18, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 227 | NOTICE to Take Deposition of Mikko Wilkman on December 18, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 228 | NOTICE to Take Deposition of Alex Dowdeswell on December 19, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 6, 2023 | 229 | NOTICE to Take Deposition of Emin Kura on December 20, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 12/06/2023) (2) |
| Dec 5, 2023 | 214 | STIPULATION to Amend Scheduling Order and Regarding Depositions re 89 Scheduling Order by International Business Machines Corporation. (Palapura, Bindu) (Entered: 12/05/2023) (3) |
| Dec 5, 2023 | 215 | STIPULATION regarding November 27, 2023 Order by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 12/05/2023) (1) |
| Dec 5, 2023 | 216 | REDACTED VERSION of 205 Reply Brief by Chartboost Inc., Zynga Inc.. (Farnan, Michael) (Entered: 12/05/2023) (15) |
| Dec 5, 2023 | 217 | REDACTED VERSION of 206 Declaration by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibits 10-12)(Farnan, Michael) (Entered: 12/05/2023) (0) |
| Dec 5, 2023 | 218 | NOTICE OF SERVICE of Kenneth H. Appleman's Objections and Responses to Defendants' Third-Party Subpoena to Kenneth H. Appleman, Duane Tiemann's Objections and Responses to Defendants' Third-Party Subpoena to Duane Tiemann, and D. Allan M. Wolf's Objections and Responses to Defendants' Third-Party Subpoena to D. Allan M. Wolf filed by International Business Machines Corporation.(Moore, David) (Entered: 12/05/2023) (2) |
| Dec 5, 2023 | 219 | NOTICE OF SERVICE of Plaintiff's First Amended Initial Disclosures Pursuant to Fed. R. CIV. P. 26 [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Moore, David) (Entered: 12/05/2023) (3) |
| Dec 4, 2023 | 212 | NOTICE to Take Deposition of Bugra Koc on December 5, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 12/04/2023) (2) |
| Dec 4, 2023 | 213 | NOTICE to Take Deposition of Ben Lemer on December 5, 2023 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 12/04/2023) (2) |
| Dec 1, 2023 | 211 | NOTICE OF SERVICE of Defendants' Third Supplemental Joint Responses to Plaintiff's Second Set of Interrogatories (Nos. 16-22) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 12/01/2023) (2) |
| Nov 30, 2023 | 210 | MEMORANDUM ORDER re 175 MOTION to Stay Pending Appeal of Inter Partes Review filed by Chartboost Inc., Zynga Inc. is GRANTED. Signed by Judge Gregory B. Williams on 11/30/23. (ntl) (Entered: 11/30/2023) (6) |
| Nov 29, 2023 | 208 | NOTICE OF SERVICE of David H. Judson's Objections and Responses to Defendants' Third-Party Subpoena to David H. Judson, Heather M. Hinton's Objections and Responses to Defendants' Third-Party Subpoena to Heather M. Hinton, Jeffrey S. Labaw's Objections and Responses to Defendants' Third-Party Subpoena to Jeffrey S. Labaw, and Joseph R. Burwell's Objections and Responses to Defendants' Third-Party Subpoena to Joseph R. Burwell filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 11/29/2023) (3) |
| Nov 29, 2023 | 209 | NOTICE of Subpoena to Lester Stafford Briney by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 11/29/2023) (0) |
| Nov 28, 2023 | 203 | NOTICE to Take Deposition of Ivan Milman on 12/15/2023 filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 11/28/2023) (2) |
| Nov 28, 2023 | 204 | NOTICE to Take Deposition of Thomas McBride on 12/19/2023 filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 11/28/2023) (2) |
| Nov 28, 2023 | 205 | [SEALED] REPLY BRIEF re 175 MOTION to Stay Pending Appeal of Inter Partes Review filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 11/28/2023) (0) |
| Nov 28, 2023 | 206 | [SEALED] DECLARATION re 205 Reply Brief of Brooks J. Kenyon by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 12)(Farnan, Brian) (Entered: 11/28/2023) (0) |
| Nov 28, 2023 | 207 | REDACTED VERSION of 196 Letter, by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibits 1-6)(Farnan, Brian) (Entered: 11/28/2023) (0) |
| Nov 27, 2023 | 201 | REDACTED VERSION of 190 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 11/27/2023) (0) |
| Nov 27, 2023 | 202 | ORAL ORDER: IBM's interrogatory No. 19 requests that Zynga "identify any and all Identification Services implemented in the product from May 2016 to present," including "the dates each Identity Service was or is implemented." Zynga has provided the current identification services used by the accused games as of March 2023, as well as code snapshots from its versions of the games in 2016. However, it has not provided any information concerning when Zynga started using the current identification services for each game, nor if any intermediate versions were used. Zynga argues it would be unduly burdensome to require it to conduct a source code review of hundreds of versions of the code for each game. When "the answer to an interrogatory may be determined by examining... a party's business records" and "the burden of deriving or ascertaining the answer will be substantially the same for either party," FRCP 33(d) permits an answer to an interrogatory to be given by "specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could" and "giving the interrogating party a reasonable opportunity to examine and audit the records." In this case, it would be "no more burdensome for [IBM] than [Zynga] to review the files. If the requested information exists in the files, [IBM] should find that information themselves." TexasLDPC Inc. v. Broadcom Inc., No. CV 18-1966-SB, 2022 WL 19406563, at *4 (D. Del. Aug. 4, 2022) (denying a request for a party to review source code "line by line to determine the requested information."). However, to undertake this analysis, IBM must have access to intermediate code snapshots throughout the infringement period. It is relevant and proportional to the needs of the case for IBM to have some way of verifying whether the same verification service is used across the accused infringement period. Zynga's proposed solution (providing snapshots of the beginning and end of the accused infringement period, and, after receiving infringement theories for each, producing any versions that differ) would leave IBM at the mercy of a moving target and potentially unable to meet its burden of proving infringement across the accused infringement period. Therefore, IT IS HEREBY ORDERED that Zynga shall do one of the following within ten (10) days of this Order: (1) supplement its response to Interrogatory No. 19 to provide the date each Zynga accused game began using its current identification service, and the name and dates each Zynga accused game used any other identification services since May 2016; (2) provide a sufficient number of intermediate code snapshots for each accused game throughout the infringement period such that IBM has the ability to assess all the identification services used by each accused game throughout the infringement period; or (3) enter a stipulation with IBM that the current identification service used by each accused game is representative of all identification services used by the accused game throughout the infringement period, the relevant code is substantially the same as the March 2023 code and/or the May 2016 code across the accused infringement period, or some other acceptable stipulation to which both parties agree. ORDERED by Judge Gregory B. Williams on 11/27/23. (ntl) (Entered: 11/27/2023) (0) |
| Nov 22, 2023 | 197 | REDACTED VERSION of 186 Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David) (Entered: 11/22/2023) (26) |
| Nov 22, 2023 | 198 | REDACTED VERSION of 187 Declaration of Sumeet Dang by International Business Machines Corporation. (Attachments: # 1 Exhibit A)(Moore, David) (Entered: 11/22/2023) (0) |
| Nov 22, 2023 | 199 | NOTICE OF SERVICE of Defendants Zynga Inc. and Chartboost, Inc.'s First Amended Rule 26(a) Initial Disclosures filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 11/22/2023) (2) |
| Nov 22, 2023 | 200 | REPLY BRIEF re 168 MOTION for Judgment on the Pleadings filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 11/22/2023) (15) |
| Nov 21, 2023 | 192 | MOTION for Pro Hac Vice Appearance of Attorney Jason Yu, Raghav Krishnapriyan, Will Melehani, and Isaac Behnawa - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 11/21/2023) (5) |
| Nov 21, 2023 | 193 | NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendants' Rule 30(B)(6) Notice of Deposition [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 11/21/2023) (2) |
| Nov 21, 2023 | 194 | [SEALED] ANSWERING BRIEF in Opposition re 175 MOTION to Stay Pending Appeal of Inter Partes Review filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 11/28/2023. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 11/21/2023) (0) |
| Nov 21, 2023 | 195 | NOTICE of Subpoenas by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Farnan, Michael) (Entered: 11/21/2023) (0) |
| Nov 21, 2023 | 196 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 17, 2023 Letter - re 190 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Farnan, Brian) (Entered: 11/21/2023) (0) |
| Nov 20, 2023 | 191 | NOTICE OF SERVICE of IBM's First Set of Requests for Admission to Defendants (Nos. 1-110) [Highly Confidential - Attorneys' Eyes Only], and IBM's Fifth Set of Requests for Production to Defendants (No. 136) filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 11/20/2023) (2) |
| Nov 17, 2023 | 190 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding opening discovery dispute letter. (Attachments: # 1 Exhibit A-E)(Moore, David) (Entered: 11/17/2023) (0) |
| Nov 15, 2023 | 184 | NOTICE to Take Deposition of Robert Filepp on 12/5/2023 filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 11/15/2023) (2) |
| Nov 15, 2023 | 185 | NOTICE of Subpoena to Henry Heilbrunn by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 11/15/2023) (0) |
| Nov 15, 2023 | 186 | [SEALED] ANSWERING BRIEF in Opposition re 168 MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ. P. 12(C) and 35 U.S.C. Section 101 filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 11/22/2023. (Moore, David) (Entered: 11/15/2023) (0) |
| Nov 15, 2023 | 187 | [SEALED] DECLARATION re 186 Answering Brief in Opposition, [Declaration of Sumeet Dang] by International Business Machines Corporation. (Attachments: # 1 Exhibit A)(Moore, David) (Entered: 11/15/2023) (0) |
| Nov 15, 2023 | 188 | NOTICE of Subpoenas by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Farnan, Michael) (Entered: 11/15/2023) (0) |
| Nov 15, 2023 | 189 | MOTION for Pro Hac Vice Appearance of Attorney Michael Rhodes of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 11/15/2023) (2) |
| Nov 14, 2023 | 180 | Joint Letter to The Honorable Gregory B. Williams from David E. Moore regarding request for the scheduling of a discovery teleconference. (Moore, David) (Entered: 11/14/2023) (1) |
| Nov 14, 2023 | 181 | NOTICE OF SERVICE of IBM's Final Infringement Contentions with Exhibits A-D filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 11/14/2023) (2) |
| Nov 14, 2023 | 182 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 180), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Friday, November 17, 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 Tuesday, November 21, 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 11/14/23. (ntl) (Entered: 11/14/2023) (0) |
| Nov 14, 2023 | 183 | REDACTED VERSION of 177 Declaration, by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibits 1-9)(Farnan, Michael) (Entered: 11/14/2023) (0) |
| Nov 10, 2023 | 178 | NOTICE OF SERVICE of IBM's Second Amended Response to Zynga's First Set of Interrogatories to IBM (No. 4) [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 11/10/2023) (2) |
| Nov 10, 2023 | 179 | NOTICE OF SERVICE of (i) Defendants' Second Supplemental Joint Responses to Plaintiff's Second Set of Interrogatories (Nos. 16-22) and (ii) Defendants' First Supplemental Joint Responses to Plaintiff's Third Set of Interrogatories (Nos. 23-24) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 11/10/2023) (2) |
| Nov 7, 2023 | 175 | MOTION to Stay Pending Appeal of Inter Partes Review - filed by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Rule 7.1.1 Certification, # 2 Text of Proposed Order)(Farnan, Brian) (Entered: 11/07/2023) (0) |
| Nov 7, 2023 | 176 | OPENING BRIEF in Support re 175 MOTION to Stay Pending Appeal of Inter Partes Review filed by Chartboost Inc., Zynga Inc..Answering Brief/Response due date per Local Rules is 11/21/2023. (Farnan, Brian) (Entered: 11/07/2023) (15) |
| Nov 7, 2023 | 177 | [SEALED] DECLARATION re 176 Opening Brief in Support of Brooks J. Kenyon by Chartboost Inc., Zynga 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)(Farnan, Brian) (Entered: 11/07/2023) (0) |
| Nov 1, 2023 | 174 | STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' Motion for Judgment on the Pleadings (D.I. 168) to November 15, 2023 - filed by International Business Machines Corporation. (Moore, David) (Entered: 11/01/2023) (1) |
| Oct 30, 2023 | 171 | MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023) (23) |
| Oct 30, 2023 | 172 | ORDER re 171 Memorandum Opinion regarding claim construction. Signed by Judge Gregory B. Williams on 10/30/23. (ntl) (Entered: 10/30/2023) (4) |
| Oct 30, 2023 | 173 | NOTICE OF SERVICE of (i) Defendants' First Supplemental Invalidity Contentions; (ii) Defendants' Second Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15); (iii) Defendants' First Supplemental Joint Responses to Plaintiff's Second Set of Interrogatories (Nos. 16-22); (iv) Defendants' Joint Responses to Plaintiff's Third Set of Interrogatories (Nos. 23-24) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 10/30/2023) (2) |
| Oct 27, 2023 | 170 | NOTICE OF SERVICE of Subpoenas filed by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Michael) (Entered: 10/27/2023) (0) |
| Oct 25, 2023 | 168 | MOTION for Judgment on the Pleadings - filed by Chartboost Inc., Zynga Inc.. (Farnan, Michael) (Entered: 10/25/2023) (3) |
| Oct 25, 2023 | 169 | OPENING BRIEF in Support re 168 MOTION for Judgment on the Pleadings filed by Chartboost Inc., Zynga Inc..Answering Brief/Response due date per Local Rules is 11/8/2023. (Farnan, Michael) (Entered: 10/25/2023) (23) |
| Oct 23, 2023 | 167 | NOTICE OF SERVICE of IBM's Second Supplemental Infringement Chart for the '719 Patent [Highly Confidential - Attorneys' Eyes Only-Source Code] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 10/23/2023) (2) |
| Oct 20, 2023 | 166 | NOTICE to Take Deposition of International Business Machines Corporation on November 17, 2023 filed by Zynga Inc..(Farnan, Brian) (Entered: 10/20/2023) (24) |
| Oct 19, 2023 | 162 | NOTICE to Take Deposition of Ben Hall on November 7, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 10/19/2023) (2) |
| Oct 19, 2023 | 163 | NOTICE to Take Deposition of Matt Klepac on November 9, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 10/19/2023) (2) |
| Oct 19, 2023 | 164 | NOTICE to Take Deposition of Andrew Ice on November 14, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 10/19/2023) (2) |
| Oct 19, 2023 | 165 | NOTICE to Take Deposition of Robert Terrell on November 16, 2023 filed by International Business Machines Corporation.(Moore, David) (Entered: 10/19/2023) (2) |
| Oct 17, 2023 | 161 | NOTICE of Subpoena to id Software LLC by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 10/17/2023) (0) |
| Oct 16, 2023 | 160 | NOTICE OF SERVICE of IBM's First Amended Response to Zynga's First Set of Interrogatories to IBM (Nos. 2-7 and 10-12) [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Moore, David) (Entered: 10/16/2023) (2) |
| Oct 10, 2023 | 159 | NOTICE OF SERVICE of Zynga Inc. and Chartboost, Inc.'s Joint Responses and Objections to IBM's Third Rule 30(b)(6) Notice of Deposition filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 10/10/2023) (2) |
| Oct 4, 2023 | 158 | MOTION for Pro Hac Vice Appearance of Attorney Sumeet Dang and Michael K. Hilyard of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 10/04/2023) (4) |
| Oct 2, 2023 | 154 | ORAL ORDER: The Court has reviewed the parties' respective letter briefs regarding the discovery dispute, D.I. 147 and D.I. 150. Defendant's request to require Plaintiff to supplement its initial infringement contentions is GRANTED-IN-PART and DENIED-IN-PART. The Court finds that IBM has not identified with sufficient clarity client view-generating-logic being a subset of server view-generating-logic and, therefore, IBM must supplement its infringement contentions with that information. The Court also finds that IBM has not identified with sufficient clarity server VGL for 5 of the 8 alleged games and, therefore, must supplement its infringement contentions with that information. Thus, the Court grants Zynga's request as it pertains those issues. The Court finds that IBM has identified with sufficient clarity a server model. The Court also finds that IBM has identified with sufficient clarity data collection and ad delivery personalization, at least at this stage, and has sufficiently identified its pre-fetching theory. Thus, the Court denies Zynga's request as it pertains to those issues. ORDERED by Judge Gregory B. Williams on 10/2/23. (ntl) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 155 | NOTICE OF SERVICE of Zynga and Chartboost's Joint Responses to Plaintiff's Fourth Set of Requests for Production (Nos. 124-135) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 10/02/2023) (2) |
| Oct 2, 2023 | 156 | REDACTED VERSION of 150 Letter, by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-4)(Palapura, Bindu) (Entered: 10/02/2023) (0) |
| Oct 2, 2023 | 157 | NOTICE OF SERVICE of IBM's First Amended Response to Zynga's First Set of Interrogatories to IBM (Nos. 2-7 and 10-12) [Highly Confidential - Attorneys' Eyes Only] filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 10/02/2023) (2) |
| Sep 29, 2023 | 153 | REDACTED VERSION of 147 Letter, by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibits A-J)(Farnan, Brian) (Entered: 09/29/2023) (0) |
| Sep 28, 2023 | 152 | NOTICE OF SERVICE of IBM's Third Set Of Interrogatories To Defendants (Nos. 23-24) filed by International Business Machines Corporation.(Moore, David) (Entered: 09/28/2023) (2) |
| Sep 27, 2023 | 151 | NOTICE of Subpoena to Blizzard Entertainment, Inc. by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 09/27/2023) (0) |
| Sep 26, 2023 | 150 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding responsive discovery dispute letter brief - re 147 Letter,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Palapura, Bindu) (Entered: 09/26/2023) (0) |
| Sep 25, 2023 | 148 | ORDER re 143 MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices filed by Chartboost Inc., Zynga Inc. Signed by Judge Gregory B. Williams on 9/25/23. (ntl) (Entered: 09/25/2023) (2) |
| Sep 25, 2023 | 149 | ORDER re 145 MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices filed by Chartboost Inc., Zynga Inc. Signed by Judge Gregory B. Williams on 9/25/23. (ntl) (Entered: 09/25/2023) (1) |
| Sep 22, 2023 | 145 | MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 09/22/2023) (0) |
| Sep 22, 2023 | 146 | NOTICE OF SERVICE of Plaintiff's First Amended Objections And Responses To Defendants Interrogatory No. 13 [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Moore, David) (Entered: 09/22/2023) (2) |
| Sep 22, 2023 | 147 | [SEALED] Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Discovery Dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Farnan, Brian) (Entered: 09/22/2023) (0) |
| Sep 21, 2023 | 143 | MOTION for Exemption of Persons from The District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Brian) (Entered: 09/21/2023) (0) |
| Sep 21, 2023 | 144 | NOTICE OF SERVICE of Zynga and Chartboost's Joint Responses to Plaintiff's Third Set of Requests for Production (Nos. 114-123) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 09/21/2023) (2) |
| Sep 20, 2023 | 140 | MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (Regarding September 26, 2023 Hearing)] - filed by International Business Machines Corporation. (Moore, David) (Entered: 09/20/2023) (2) |
| Sep 20, 2023 | 141 | SO ORDERED, re 139 Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (Regarding September 26, 2023 Hearing) filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/20/23. (ntl) (Entered: 09/20/2023) (2) |
| Sep 20, 2023 | 142 | SO ORDERED, re 140 Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (Regarding September 26, 2023 Hearing) filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/20/23. (ntl) (Entered: 09/20/2023) (2) |
| Sep 19, 2023 | 136 | STIPULATION to Amend Scheduling Order re 89 Scheduling Order by International Business Machines Corporation. (Palapura, Bindu) (Entered: 09/19/2023) (2) |
| Sep 19, 2023 | 137 | Letter to The Honorable Gregory B. Williams from Michael J. Farnan regarding Request for Discovery Teleconference. (Farnan, Michael) (Entered: 09/19/2023) (1) |
| Sep 19, 2023 | 138 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 137), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Friday, September 22, 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 Tuesday, September 26, 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 9/19/23. (ntl) (Entered: 09/19/2023) (0) |
| Sep 19, 2023 | 139 | MOTION [Plaintiff's Motion and Proposed Order Granting Limited Exemption From the Standing Order Regarding Personal Electronic Devices (Regarding September 26, 2023 Hearing)] - filed by International Business Machines Corporation. (Moore, David) (Entered: 09/19/2023) (2) |
| Sep 13, 2023 | 135 | NOTICE of Subpoena to Microsoft, Inc. by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Brian) (Entered: 09/13/2023) (0) |
| Sep 7, 2023 | 134 | NOTICE OF SERVICE of Plaintiff IBM's Third Rule 30(b)(6) Notice Of Deposition To Defendants Zynga, Inc. And Chartboost, Inc. [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 09/07/2023) (2) |
| Sep 5, 2023 | 133 | NOTICE of Subpoena to World of Neopia, Inc. by Chartboost Inc., Zynga Inc. (Attachments: # 1 Exhibit 1)(Farnan, Michael) (Entered: 09/05/2023) (0) |
| Sep 1, 2023 | 131 | NOTICE OF SERVICE of Plaintiff's Objections And Responses To Defendants' Second Set Of Requests For Production (Nos. 43-80); and Plaintiff's Supplemental Infringement Contentions [Highly Confidential-Attorneys' Eyes Only-Source Code] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 09/01/2023) (2) |
| Sep 1, 2023 | 132 | NOTICE OF SERVICE of IBM's Fourth Set Of Requests For Production To Defendants (Nos. 124-135) [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 09/01/2023) (2) |
| Aug 22, 2023 | 130 | NOTICE OF SERVICE of IBM's Third Set of Requests for Production to Defendants (Nos. 114-123)[Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 08/22/2023) (2) |
| Aug 21, 2023 | 129 | NOTICE OF SERVICE of Plaintiff's Objections And Responses To Defendants Second Set Of Interrogatories To Plaintiff (Nos. 13-15) [Highly Confidential Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 08/21/2023) (2) |
| Aug 18, 2023 | 128 | NOTICE requesting Clerk to remove Christopher Childers as co-counsel.. (Farnan, Brian) (Entered: 08/18/2023) (2) |
| Aug 14, 2023 | 127 | ORAL ORDER: Having reviewed the letter request for a discovery teleconference (D.I. 112) and the associated letter briefing and exhibits (D.I. 115; D.I. 117; D.I. 119), IT IS HEREBY ORDERED that Plaintiff International Business Machines Corporation's ("IBM") request that the Court order Defendants Zynga Inc. and Chartboost, Inc. (collectively, "Zynga") to designate a witness to testify regarding Topics 11, 13, and 15-23 (the "Topics") listed in IBM's Second Rule 30(b)(6) Notice for Deposition served on May 24, 2023 (see D.I. 115-1, Ex. 1) is GRANTED-IN-PART and DENIED-IN-PART. First, the Court must determine whether the Topics seek discovery on discovery. Other than Topic 18, the Topics request "the identity, type, location, and organization" of various documents. IBM argues that it "is not seeking testimony regarding how Zynga is collecting documents but rather is seeking testimony focused on the substance of the casespecifically the identity, type, and location of relevant documents." D.I. 115 at 3 (citation omitted). However, IBM has failed to "articulate any reason why this information [i.e., the identity, type, location, and organization of documents] bears any relevance to the substantive merits of this case." D.I. 117 at 1. Even after giving IBM the benefit of the doubt, the Court finds that Topics 11, 13, 15-17, and 19-23 seek discovery on discovery, although IBM does not identify it as such. These Topics seek inquiries into Zynga's collection, preservation, and retention efforts of certain documents as well as the existence and location of such documents. "[C]ourts are generally reluctant to order discovery on discovery, so a party seeking such relief must make a threshold showing that significant, relevant, and non-cumulative information has been withheld or overlooked.'" ECB USA, Inc. et al v. Savencia, S.A., C.A. No. 19-731-GBW-CJB, D.I. 306 (D. Del. Jan. 18, 2023) (quoting British Telecomms. PLC v. IAC/Interactivecorp, C.A. No. 18-366-WCB, 2020 WL 1043974, at *7 (D. Del. Mar. 4, 2020)). IBM has failed to make such a threshold showing here. In fact, Zynga has represented to the Court that it has agreed to produce (and has already started to produce) the categories of documents referenced in these Topics. D.I. 117 at 1. "'Speculation that there is more will not suffice; if the theoretical possibility that more documents exist sufficed to justify additional discovery, discovery would never end. Instead of chasing the theoretical possibility that additional documents exist, courts have insisted that the documents that have been produced permit a reasonable deduction that other documents may exist or did exist and have been destroyed.'" Brit. Telecommunications, 2020 WL 1043974, at *7 (quoting Hubbard v. Potter, 247 F.R.D. 27, 29 (D.D.C. 2008)). Here, IBM has failed to articulate with specificity withheld or overlooked documents referenced in Topics 11, 13, 15-17, and 19-23 other than pure speculation. Therefore, the Court denies IBM's request to order Zynga to designate a witness to testify regarding Topics 11, 13, 15-17, and 19-23. With respect to Topic 18, this Topic seeks "[t]he identity of persons and teams responsible for Zynga's optimization techniques described in Topic No. 17." D.I. 115-1, Ex. 1 at 3. The Court finds that Topic 18 does not seek improper discovery on discovery and, thus, IBM is entitled to the information the discovery request seeks. Zynga asserts that the information sought from Topic 18 is "more appropriately obtained through an interrogatory." D.I. 117 at 1 n.2. The Court hereby orders the parties to meet and confer and attempt to reach agreement on whether the appropriate means to obtain the information sought in Topic 18 is through an interrogatory or Rule 30(b)(6) deposition. If the parties are unable to reach agreement that the information sought from Topic 18 can be requested by IBM and sufficiently provided by Zynga in response to an interrogatory, then Zynga shall designate and produce a Rule 30(b)(6) witness to testify on Topic 18 in a timely manner. Ordered by Judge Gregory B. Williams on 8/14/2023. (etg) (Entered: 08/14/2023) (0) |
| Aug 3, 2023 | 125 | JOINT CLAIM CONSTRUCTION BRIEF filed by International Business Machines Corporation. (Moore, David) (Entered: 08/03/2023) (30) |
| Aug 3, 2023 | 126 | Joint APPENDIX re 125 Joint Claim Construction Brief by International Business Machines Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-5, # 3 Exhibit 6-7, # 4 Exhibit 8-13, # 5 Exhibit 14-18, # 6 Exhibit 19-21)(Moore, David) (Entered: 08/03/2023) (0) |
| Aug 1, 2023 | 124 | NOTICE OF SERVICE of Defendants' Second Set of Requests for Production to Plaintiff (Nos. 43-80) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 08/01/2023) (2) |
| Jul 28, 2023 | 122 | MOTION for Pro Hac Vice Appearance of Attorney Sarah K. Mullins - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 07/28/2023) (2) |
| Jul 28, 2023 | 123 | NOTICE OF SERVICE of Defendants' Joint Responses to Plaintiff's Second Set of Interrogatories (Nos. 16-22) filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) (Entered: 07/28/2023) (2) |
| Jul 27, 2023 | 121 | NOTICE OF SERVICE of Zynga Inc. and Chartboost, Inc.'s Sur-Reply Claim Construction Brief filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 07/27/2023) (2) |
| Jul 26, 2023 | 120 | REDACTED VERSION of 115 Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding opening discovery dispute by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-6)(Palapura, Bindu) (Entered: 07/26/2023) (0) |
| Jul 25, 2023 | 119 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding Defendants' Response - re 117 Letter. (Moore, David) (Entered: 07/25/2023) (2) |
| Jul 24, 2023 | 118 | MOTION for Pro Hac Vice Appearance of Attorney Tuhin Ganguly - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 07/24/2023) (2) |
| Jul 21, 2023 | 117 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's July 19, 2023 Letter - re 115 Letter. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 07/21/2023) (0) |
| Jul 20, 2023 | 116 | MOTION for Pro Hac Vice Appearance of Attorney Brooks J. Kenyon - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 07/20/2023) (2) |
| Jul 19, 2023 | 115 | [SEALED] Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding opening discovery dispute. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-6)(Palapura, Bindu) (Entered: 07/19/2023) (0) |
| Jul 18, 2023 | 114 | NOTICE OF SERVICE of Defendants' Second Set of Interrogatories to Plaintiff (Nos. 13-15) filed by Zynga Inc..(Farnan, Brian) (Entered: 07/18/2023) (2) |
| Jul 10, 2023 | 113 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference (D.I. 112), IT IS HEREBY ORDERED that, by no later than 5:00 p.m. on Wednesday, July 19, 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, July 21, 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 7/10/23. (ntl) (Entered: 07/10/2023) (0) |
| Jul 7, 2023 | 112 | 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: 07/07/2023) (1) |
| Jul 3, 2023 | 111 | ORAL ORDER: Having reviewed the parties' joint letter (D.I. 110) and Joint Claim Construction Chart (D.I. 98-1), IT IS HEREBY ORDERED that the Court will allocate three (3) hours for the Markman hearing with the time to be split equally between the parties. For any term where a party's proposed construction or the parties' proposed joint construction is plain and ordinary meaning, the party or parties shall specify what that plain and ordinary meaning is in the Joint Construction Brief. 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 7/3/23. (ntl) (Entered: 07/03/2023) (0) |
| Jun 30, 2023 | 109 | 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 | 110 | Joint Letter to The Honorable Gregory B. Williams from David E. Moore regarding Markman hearing. (Moore, David) (Entered: 06/30/2023) (1) |
| Jun 29, 2023 | 107 | NOTICE OF SERVICE of IBM's Second Set of Interrogatories to Defendants (Nos. 16-22) filed by International Business Machines Corporation.(Moore, David) (Entered: 06/29/2023) (2) |
| Jun 29, 2023 | 108 | NOTICE OF SERVICE of Zynga Inc. and Chartboost, Inc.'s Answering Claim Construction Brief filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 06/29/2023) (2) |
| Jun 23, 2023 | 106 | NOTICE OF SERVICE of Defendants' First Supplemental Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 06/23/2023) (2) |
| Jun 19, 2023 | 105 | NOTICE OF SERVICE of Zynga Inc. and Chartboost, Inc.'s Joint Response and Objections to IBM's Second Rule 30(b)(6) Notice of Deposition filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 06/19/2023) (2) |
| Jun 7, 2023 | 104 | NOTICE OF SERVICE of IBM's Opening Claim Construction Brief with Exs. 1-5 filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 06/07/2023) (2) |
| May 30, 2023 | 101 | ORAL ORDER: IT IS HEREBY ORDERED that the June 6, 2023 status conference is CANCELLED. ORDERED by Judge Gregory B. Williams on 5/30/23. (ntl) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 102 | MOTION for Pro Hac Vice Appearance of Attorney Christopher Childers - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) (Entered: 05/30/2023) (2) |
| May 30, 2023 | 103 | Joint STATUS REPORT by International Business Machines Corporation. (Moore, David) (Entered: 05/30/2023) (6) |
| May 25, 2023 | 100 | MULTI MEDIA DOCUMENT filed by Chartboost Inc., International Business Machines Corporation, Zynga Inc. in the form of a thumb drive. Filing related to 97 Letter. (Media on file in Clerk's Office). (ntl) (Entered: 05/25/2023) (0) |
| May 24, 2023 | 99 | NOTICE to Take Deposition of Zynga Inc. and Chartboost, Inc. on June 23, 2023 (Second 30(b)(6) Notice) filed by International Business Machines Corporation.(Moore, David) (Entered: 05/24/2023) (11) |
| May 18, 2023 | 97 | Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding enclosure of the Joint Technology Tutorial. (Palapura, Bindu) (Entered: 05/18/2023) (1) |
| May 18, 2023 | 98 | CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # 1 Exhibit A - Joint Claim Construction Chart, # 2 Exhibit A-1, # 3 Exhibit A-2 part 1, # 4 Exhibit A-2 part 2, # 5 Exhibit A-2 part 3, # 6 Exhibit A-2 part 4, # 7 Exhibit B-1, # 8 Exhibit B-2, # 9 Exhibit C-1, # 10 Exhibit C-2)(Palapura, Bindu) (Entered: 05/18/2023) (0) |
| May 5, 2023 | 96 | NOTICE OF SERVICE of IBM's Responsive Proposed Claim Constructions filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 05/05/2023) (2) |
| Apr 20, 2023 | 94 | NOTICE OF SERVICE of IBM's Identification of Preliminary Claim Constructions filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 04/20/2023) (2) |
| Apr 20, 2023 | 95 | NOTICE OF SERVICE of Defendants' Identification of Terms and Constructions filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 04/20/2023) (2) |
| Apr 12, 2023 | 93 | NOTICE OF SERVICE of Zynga and Chartboost's Joint Responses to IBM's Second Set of Requests for Production to Defendants (Nos. 92-113) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 04/12/2023) (2) |
| Mar 17, 2023 | 92 | NOTICE OF SERVICE of Defendant's Initial Invalidity Contentions filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 03/17/2023) (2) |
| Mar 14, 2023 | 91 | NOTICE OF SERVICE of IBM's Second Set of Requests for Production to Defendants (Nos. 92-113) [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Brown, Andrew) (Entered: 03/14/2023) (2) |
| Mar 1, 2023 | 90 | NOTICE OF SERVICE of IBM's Initial Infringement Contentions with Exs. A-E [Highly Confidential-Attorneys' Eyes Only; Highly Confidential-Attorneys' Eyes Only-Source Code] filed by International Business Machines Corporation.(Moore, David) (Entered: 03/01/2023) (2) |
| Feb 23, 2023 | 89 | AMENDED SCHEDULING ORDER: Fact Discovery completed by 11/16/2023. Dispositive Motions due by 3/21/2024. Joint Claim Construction Brief due by 8/3/2023 (See also D.I. 87). Signed by Judge Gregory B. Williams on 2/22/23. (ntl) (Entered: 02/23/2023) (23) |
| Feb 13, 2023 | 88 | PROPOSED ORDER (Amended Scheduling Order [Patent, Non-Anda]) re 87 Order,,, Set Hearings,, by International Business Machines Corporation. (Moore, David) (Entered: 02/13/2023) (23) |
| Feb 6, 2023 | 87 | ORAL ORDER: Having reviewed the parties' Proposed Scheduling Order (D.I. 68) and their Stipulation to Amend the Scheduling Order (D.I. 85), IT IS HEREBY ORDERED that, not later than seven (7) days from the date of this Order, the parties shall file a joint amended proposed Scheduling Order in this action, which incorporates the parties' proposed revised dates as outlined in their Stipulation to Amend the Scheduling Order (D.I. 85). IT IS ALSO HEREBY ORDERED that the Markman hearing is scheduled for September 26, 2023 at 10:00 a.m., the pre-trial conference is scheduled for August 29, 2024 at 3:00 p.m., and a five-day jury trial is scheduled to begin on September 9, 2024. ORDERED by Judge Gregory B. Williams on 2/6/23. (ntl) (Entered: 02/06/2023) (0) |
| Feb 1, 2023 | 86 | NOTICE OF SERVICE of IBM's Preliminary Identification of Asserted Claims filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 02/01/2023) (2) |
| Jan 20, 2023 | 85 | STIPULATION to Amend Scheduling Order re 78 Order,,, 68 Proposed Order by International Business Machines Corporation. (Palapura, Bindu) (Entered: 01/20/2023) (3) |
| Jan 9, 2023 | 84 | MOTION for Pro Hac Vice Appearance of Attorney Kyle Petrie and Caitrianne Feddeler of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) (Entered: 01/09/2023) (3) |
| Jan 5, 2023 | 83 | NOTICE OF SERVICE of Zynga Inc. and Chartboost, Inc.'s Joint Response and Objections to IBM's First Rule 30(b)(6) Notice of Deposition filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) (Entered: 01/05/2023) (2) |
| Dec 21, 2022 | 82 | NOTICE OF SERVICE of Plaintiff IBM's First Rule 30(b)(6) Notice Of Deposition To Defendants Zynga, Inc. And Chartboost, Inc. (Highly Confidential Attorneys' Eyes Only) filed by International Business Machines Corporation.(Palapura, Bindu) (Entered: 12/21/2022) (2) |
| Dec 7, 2022 | 81 | ANSWER to Amended Complaint, re: 27 Amended Complaint with Jury Demand by Chartboost Inc., Zynga Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Farnan, Brian) (Entered: 12/07/2022) (0) |
| Dec 6, 2022 | 80 | REDACTED VERSION of 76 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-10)(Moore, David) (Entered: 12/06/2022) (0) |
| Dec 2, 2022 | 78 | ORAL ORDER: The Court has reviewed the parties' respective letter briefs regarding the discovery dispute, D.I. 76: D.I. 77, and held a discovery teleconference on December 2, 2022. IT IS HEREBY ORDERED that Defendants Zynga Inc. and Chartboost Inc. (collectively, "Zynga") shall produce source code and other core technical documents for all of the accused products in this action, including but not limited to non-publicly available operation manuals, product literature, schematics, and specifications that sufficiently show how the accused products work. IT IS ALSO HEREBY ORDERED that the deadline for Plaintiff International Business Machines Corporation ("IBM") to submit initial infringement contentions is extended until 28 days after Zynga completes its production. ORDERED by Judge Gregory B. Williams on 12/2/22. (ntl) (Entered: 12/02/2022) (0) |
| Dec 2, 2022 | 79 | Official Transcript of Discovery Teleconference held on 12.2.2022 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 12/27/2022. Redacted Transcript Deadline set for 1/3/2023. Release of Transcript Restriction set for 3/2/2023. (Rolfe, Michele) (Entered: 12/02/2022) (7) |
| Nov 30, 2022 | 77 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 29, 2022 Letter - re 76 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 11/30/2022) (Main Document) (4) |
| Nov 30, 2022 | 77 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 29, 2022 Letter - re 76 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 11/30/2022) (Exhibit A) (6) |
| Nov 30, 2022 | 77 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 29, 2022 Letter - re 76 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 11/30/2022) (Exhibit B) (4) |
| Nov 30, 2022 | 77 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 29, 2022 Letter - re 76 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 11/30/2022) (Exhibit C) (3) |
| Nov 30, 2022 | 77 | Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Response to Plaintiff's November 29, 2022 Letter - re 76 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Farnan, Brian) (Entered: 11/30/2022) (Exhibit D) (9) |
| Nov 29, 2022 | 76 | [SEALED] Letter to The Honorable Gregory B. Williams from David E. Moore regarding opening discovery dispute. (Attachments: # 1 Exhibit 1-10)(Moore, David) (Entered: 11/29/2022) (0) |
| Nov 23, 2022 | 74 | MEMORANDUM OPINION. Signed by Judge Gregory B. Williams on 11/23/2022. (etg) (Entered: 11/23/2022) (23) |
| Nov 23, 2022 | 75 | ORDER re 74 MEMORANDUM OPINION, granting 29 MOTION to Dismiss for Failure to State a Claim filed by Chartboost Inc., Zynga Inc. Signed by Judge Gregory B. Williams on 11/23/2022. (etg) (Entered: 11/23/2022) (1) |
| Nov 22, 2022 | 72 | Letter to The Honorable Gregory B. Williams from David E. Moore regarding request for the scheduling of a discovery teleconference. (Moore, David) (Entered: 11/22/2022) (2) |
| Nov 22, 2022 | 73 | ORAL ORDER: Having reviewed the parties' letter requesting a discovery teleconference, D.I. 72, a discovery teleconference will be held on Friday, December 2, 2022 at 2:00 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 Tuesday, November 29, 2022, Plaintiff shall file with the Court a letter, not to exceed three (3) pages and in no less than 12-point font, outlining the issues in dispute and its position on those issues. By no later than 5:00 p.m. on Wednesday, November 30, 2022, 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 11/22/22. (ntl) (Entered: 11/22/2022) (0) |
| Nov 21, 2022 | 71 | 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 | 70 | Official Transcript of Oral Argument held on 11.15.2022 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 12/8/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/15/2023. (Rolfe, Michele) (Entered: 11/17/2022) (0) |
| Nov 15, 2022 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Oral Argument held on 11/15/2022. (Court Reporter M. Rolfe.) (ntl) |
| Nov 14, 2022 | N/A | Remark (0) Docket Text: Remark: The hearing scheduled for tomorrow (November 15) at 3:00 will take place in Courtroom 2B. (ntl) |
| Nov 14, 2022 | 68 | Proposed Order (24) Docket Text: PROPOSED ORDER (Scheduling Order) by International Business Machines Corporation. (Palapura, Bindu) |
| Nov 14, 2022 | 69 | Letter (1) Docket Text: Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding the parties' amended proposed Scheduling Order - re [68] Proposed Order. (Palapura, Bindu) |
| Nov 8, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [65] MOTION for Pro Hac Vice Appearance of Attorney Tamir Packin of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 11/8/22. (ntl) |
| Nov 4, 2022 | 65 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Tamir Packin of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu) |
| 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 24, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [63] 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 21, 2022 | 63 | 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. (Moore, David) |
| Oct 18, 2022 | 62 | Notice Requesting Removal of Co-Counsel (1) Docket Text: NOTICE requesting Clerk to remove Carson R. Bartlett as co-counsel. Reason for request: no longer with the firm of Potter Anderson & Corroon LLP. (Moore, David) |
| Oct 13, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [60] Protective Order filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/13/2022. (etg) |
| Oct 12, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on Defendants' Partial Motion to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101 (D.I. 29) on November 15, 2022 beginning at 3:00 p.m. in Courtroom 6B. Each side will be allocated up to 20 minutes to present its argument. ORDERED by Judge Gregory B. Williams on 10/12/22. (ntl) |
| Oct 12, 2022 | 60 | Proposed Order (30) Docket Text: PROPOSED ORDER [Proposed Protective Order Regarding the Disclosure and Use of Discovery Materials] by International Business Machines Corporation. (Palapura, Bindu) |
| Oct 12, 2022 | 61 | Statement (2) Docket Text: STATEMENT re [58] Statement (Plaintiff International Business Machines Corporation's Reply in Support of Its Notice of Supplemental Authority] by International Business Machines Corporation. (Palapura, Bindu) |
| Oct 6, 2022 | 58 | Statement (3) Docket Text: STATEMENT re [56] Notice (Other) Defendants' Response to Plaintiff's Notice of Supplemental Authority by Chartboost Inc., Zynga Inc.. (Farnan, Brian) |
| Oct 5, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: Having reviewed the parties' letters regarding their Protective Order dispute (D.I. 48; D.I. 54; D.I. 55), and having heard arguments on October 4, 2022, IT IS HEREBY ORDERED that: (1) Plaintiff's request to use the word "modules" in Paragraph 12(a)(v) is DENIED. The Court agrees with Defendant that the word "modules" is ambiguous and "it does not answer the underlying question of what source code should be made available to a witness." D.I. 55 at 2. Defendant's proposed word "files" eliminates ambiguity of what source code the Producing Party will make available at the deposition.; (2) Plaintiff's request to include the language "[t]he Parties agree to negotiate in good faith the manner and logistics of making such source code available" in Paragraph 12(a)(v) is DENIED. The Protective Order already states that the Producing Party will provide the source code files "in computer-searchable electronic format," and thus, "the manner and logistics of making such source code available" is already addressed in the Protective Order. The Court sees no reason to include Plaintiffs proposed language.; (3) Defendant's proposed language that "the Producing Party will make available to the witness all Source Code" shall be added to Paragraph 12(a)(v) of the Protective Order because the parties appeared to have already agreed to this language. D.I. 55-1 at 2 ("We'd be willing to limit the production of Source Code to the witness and not to the Receiving Party as your edits suggest.").; and (4) the parties shall meet and confer regarding the definition of "modules" when preparing their respective discovery requests. ORDERED by Judge Gregory B. Williams on 10/5/22. (ntl) |
| 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 | 56 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Supplemental Authority by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Palapura, Bindu) |
| Oct 4, 2022 | 56 | Notice (Other) (Exhibit A) (16) Docket Text: NOTICE of Supplemental Authority by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Palapura, Bindu) |
| Sep 30, 2022 | 55 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Defendants' Answering Letter Regarding Protective Order Dispute - re [54] Letter. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Sep 30, 2022 | 55 | Letter (Exhibit A) (13) Docket Text: Letter to The Honorable Gregory B. Williams from Brian E. Farnan regarding Defendants' Answering Letter Regarding Protective Order Dispute - re [54] Letter. (Attachments: # (1) Exhibit A)(Farnan, Brian) |
| Sep 29, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Amy I Wann 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) |
| Sep 29, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Geoffrey Moss for Chartboost Inc., and Zynga 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. (apk) |
| Sep 29, 2022 | 54 | Letter (Main Document) (3) Docket Text: Letter to The Honorable Gregory B. Williams from David E. Moore regarding protective order dispute - re [53] Order,,,. (Attachments: # (1) Exhibit A-B)(Moore, David) |
| Sep 29, 2022 | 54 | Letter (Exhibit A-B) (30) Docket Text: Letter to The Honorable Gregory B. Williams from David E. Moore regarding protective order dispute - re [53] Order,,,. (Attachments: # (1) Exhibit A-B)(Moore, David) |
| Sep 27, 2022 | 52 | Request for Oral Argument (1) Docket Text: REQUEST for Oral Argument by International Business Machines Corporation re [29] MOTION to Dismiss for Failure to State a Claim . (Moore, David) |
| Sep 27, 2022 | N/A | Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that for the protective order teleconference scheduled for Tuesday, October 4, 2022 at 3:30 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 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER: A twenty (20) minute protective order teleconference will be held on Tuesday, October 4, 2022 at 3:30 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 26, 2022 | 50 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Zynga Inc. and Chartboost, Inc.'s ESI Disclosures filed by Chartboost Inc., Zynga Inc..(Farnan, Michael) |
| Sep 26, 2022 | 51 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff International Business Machines Corporation's Initial Disclosures Pursuant To The Court's Order Regarding Discovery Of Electronically Stored Information filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 23, 2022 | 48 | Letter (1) Docket Text: Joint Letter to The Honorable Gregory B. Williams from David E. Moore regarding request for a protective order teleconference. (Moore, David) |
| Sep 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [46] Second STIPULATION TO EXTEND TIME of Certain Dates in the Scheduling Order to September 23, 2022 filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/22/22. (ntl) |
| Sep 22, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [45] ORDER for Discovery of Electronically Stored Information ("ESI"). Signed by Judge Gregory B. Williams on 9/22/22. (ntl) |
| Sep 22, 2022 | 47 | Reply Brief (16) Docket Text: REPLY BRIEF re [29] MOTION to Dismiss for Failure to State a Claim filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) |
| Sep 21, 2022 | 44 | 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) |
| Sep 21, 2022 | 45 | Proposed Order (8) Docket Text: PROPOSED ORDER for Discovery of Electronically Stored Information ("ESI") by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 21, 2022 | 46 | Stipulation to EXTEND Time (2) Docket Text: Second STIPULATION TO EXTEND TIME of Certain Dates in the Scheduling Order to September 23, 2022 - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [42] STIPULATION to Extend Time of Certain Dates in the Scheduling Order filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/19/22. (ntl) |
| Sep 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [41] MOTION for Pro Hac Vice Appearance of Attorney Amy I. Wann of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/19/22. (ntl) |
| Sep 19, 2022 | 43 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's First Amended Objections and Responses to Defendants' First Set of Requests for Production (Nos. 1-42) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Sep 16, 2022 | 42 | Stipulation (2) Docket Text: STIPULATION to Extend Time of Certain Dates in the Scheduling Order re [39] Scheduling Order,,,, Terminate Hearings,,, by International Business Machines Corporation. (Palapura, Bindu) |
| Sep 13, 2022 | 41 | 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) |
| 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 8, 2022 | 40 | Answering Brief in Opposition (25) Docket Text: ANSWERING BRIEF in Opposition re [29] MOTION to Dismiss for Failure to State a Claim filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 9/15/2022. (Palapura, Bindu) |
| Sep 6, 2022 | 39 | Scheduling Order (17) Docket Text: SCHEDULING ORDER: Joinder of Parties due by 8/1/2023. Amended Pleadings due by 8/1/2023. Fact Discovery completed by 10/26/2023. Opening Expert Reports due by 11/16/2023. Rebuttal Expert Reports due by 12/21/2023. A Status Teleconference is set for 6/6/2023 at 10:00 AM before Judge Sherry R. Fallon. Status Report due by 5/30/2023. Dispositive Motions due by 2/29/2024. Answering Brief due 3/28/2024. Reply Brief due 4/11/2024. Claim Construction Opening Brief due by 3/21/2023. Claim Construction Answering Brief due by 4/18/2023. Claim Construction Reply Brief due by 5/2/2023. Claim Construction Surreply Brief due by 5/16/2023. Joint Claim Construction Brief due by 5/19/2023. IT IS FURTHER ORDERED that the Rule 16 scheduling teleconference set for September 7, 2022 is CANCELLED. Signed by Judge Sherry R. Fallon on 9/6/2022. (Polito, Rebecca) |
| Sep 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [38] MOTION for Pro Hac Vice Appearance of Attorney Geoffrey Moss filed by Chartboost Inc., Zynga Inc.. Signed by Judge Sherry R. Fallon on 9/2/2022. (Polito, Rebecca) |
| Sep 2, 2022 | 38 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Geoffrey Moss - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) |
| Sep 1, 2022 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendants Zynga Inc. and Chartboost, Inc.'s Rule 26(a) Initial Disclosures filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) |
| Sep 1, 2022 | 37 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26 filed by International Business Machines Corporation.(Palapura, Bindu) |
| Aug 25, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [35] STIPULATION TO EXTEND TIME. Set Briefing Schedule: re [29] MOTION to Dismiss for Failure to State a Claim. (Answering Brief due 9/8/2022., Reply Brief due 9/22/2022.) Signed by Judge Sherry R. Fallon on 8/25/2022. (lih) |
| Aug 25, 2022 | 35 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff's to file its answering brief in opposition to Defendants' Motion to Dismiss; and for Defendants' to file their reply brief to September 8, 2022 and September 22, 2022, respectively - filed by International Business Machines Corporation. (Palapura, Bindu) |
| Aug 23, 2022 | 34 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's Response to Zynga's First Set of Interrogatories to IBM (Nos. 1-12)[Highly Confidential-Attorneys' Eyes Only]; and Plaintiff's Objections and Responses to Defendants' First Set of Requests for Production (Nos. 1-42) filed by International Business Machines Corporation.(Palapura, Bindu) |
| Aug 19, 2022 | 31 | Proposed Order (17) Docket Text: PROPOSED Scheduling Order by International Business Machines Corporation. (Moore, David) Modified on 8/19/2022 (lih). |
| Aug 19, 2022 | 32 | Letter (1) Docket Text: Letter to The Honorable Sherry R. Fallon from David E. Moore regarding proposed Scheduling Order - re [31] Proposed Order. (Moore, David) |
| Aug 19, 2022 | 33 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' Joint Responses to Plaintiff's First Set of Interrogatories (Nos. 1-15) and (ii) Zynga and Chartboost's Joint Responses to IBM's First Set of Requests for Production to Defendants (Nos. 1-91) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) |
| Aug 18, 2022 | 29 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Chartboost Inc., Zynga Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Aug 18, 2022 | 29 | 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 - filed by Chartboost Inc., Zynga Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Brian) |
| Aug 18, 2022 | 30 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [29] MOTION to Dismiss for Failure to State a Claim filed by Chartboost Inc., Zynga Inc..Answering Brief/Response due date per Local Rules is 9/1/2022. (Farnan, Brian) |
| Jul 25, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney William A. Vieth and 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. (mpb) |
| Jul 22, 2022 | 28 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Defendants' First Set of Interrogatories to Plaintiff (Nos. 1-12) and (ii) Defendants' First Set of Requests for Production to Plaintiff (Nos. 1-42) filed by Chartboost Inc., Zynga Inc..(Farnan, Brian) |
| Jul 21, 2022 | 27 | Amended Complaint* (1) |
| Jul 21, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [25] STIPULATION to file its First Amended Complaint on or before July 21, 2022 and Defendants reserve the right to answer, move, or otherwise respond to First Amended Complaint on or before August 18, 2022. Signed by Judge Sherry R. Fallon on 7/21/2022. (lih) |
| Jul 21, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Richard F. Martinelli, Alyssa M. Caridis, Clement S. Roberts, Jake O'Neal, and Evan D. Brewer for Zynga 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. (mpb) |
| Jul 21, 2022 | 26 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of IBM's First Set Of Interrogatories To Defendants (Nos. 1-15), and IBM's First Set Of Requests For Production To Defendants (Nos. 1-91) filed by International Business Machines Corporation.(Bartlett, Carson) |
| Jul 21, 2022 | 27 | Amended Complaint (Main Document) (30) Docket Text: First AMENDED COMPLAINT for Patent Infringement against Chartboost Inc., Zynga Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D)(Moore, David) Modified on 8/4/2022 (lih). |
| Jul 21, 2022 | 27 | Amended Complaint (Exhibit A-D) (30) Docket Text: First AMENDED COMPLAINT for Patent Infringement against Chartboost Inc., Zynga Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D)(Moore, David) Modified on 8/4/2022 (lih). |
| Jul 20, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [24] MOTION for Pro Hac Vice Appearance of Attorney Clement S. Roberts, Alyssa Caridis, Richard F. Martinelli, Evan D. Brewer, and Jake O'Neal. Signed by Judge Sherry R. Fallon on 7/20/2022. (lih) |
| Jul 20, 2022 | 24 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Clement S. Roberts, Alyssa Caridis, Richard F. Martinelli, Evan D. Brewer, and Jake O'Neal - filed by Chartboost Inc., Zynga Inc.. (Farnan, Brian) |
| Jul 20, 2022 | 25 | Stipulation (2) Docket Text: STIPULATION for Plaintiff to file its First Amended Complaint on or before July 21, 2022 and Defendants reserve the right to answer, move, or otherwise respond to the forthcoming First Amended Complaint on or before August 18, 2022 by International Business Machines Corporation. (Moore, David) |
| Jul 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED- re [23] MOTION for Pro Hac Vice Appearance of Attorney Edward Geist, William A. Vieth and Benjamin Rodd. Signed by Judge Sherry R. Fallon on 7/19/2022. (lih) |
| Jul 19, 2022 | 23 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edward Geist, William A. Vieth and Benjamin Rodd of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David) |
| Jul 13, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER Re: D.I. [20] : Pursuant to Paragraphs 5(b)-(c) of the Court's Standing Order No. 2022-VAC-1, IT IS HEREBY ORDERED THAT: (1) On or before July 20, 2022, the parties shall: hold a Rule 26(f) conference and commence discovery.; (2) The parties shall file a proposed scheduling order within 30 days of the Rule 26(f) conference; The Court's form scheduling order is posted at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. If the parties have any suggestions or modifications to the standard form of scheduling order, they may be included in the proposed order for consideration by the Court. If any disputed issue exists regarding the proposed scheduling order, it shall be noted therein, along with the parties' proposed language on the issue for consideration by the Court; (3) A scheduling teleconference pursuant to Fed. R. Civ. P. 16(b) is set for 9/7/2022 at 3:00 p.m. Ordered by Judge Sherry R. Fallon on 7/13/2022. (lih) |
| Jul 13, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER re D.I. [13] Motion: In accordance with the Court's July 12, 2022 Oral Order and paragraph 5(g) of Standing Order No. 2022-VAC-1, the pending motion to dismiss (D.I. 13) does not fall within the scope of the referral to the undersigned judicial officer. Therefore, the motion will be addressed following the assignment of an Article III Judge. Pursuant to paragraph 5(f) of Standing Order No. 2022-VAC-1, the pending motion shall not be grounds to prevent the case from progressing and briefing shall be completed in accordance with the Local Rules. Ordered by Judge Sherry R. Fallon on 7/13/2022. (lih) |
| Jul 12, 2022 | 21 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Chartboost Inc., Zynga Inc.: Entry of appearance of attorney Brian E. Farnan. Attorney Richards, Layton & Finger, P.A. terminated. (Farnan, Brian) |
| Jul 12, 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 7/12/22. (etg) |
| Jul 11, 2022 | 20 | 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) |
| Jul 7, 2022 | 19 | SO ORDERED (2) Docket Text: SO ORDERED, re [18] STIPULATION TO EXTEND TIME for the parties' to file a Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge per the Courts May 4, 2022 Order (D.I. 8) to July 12, 2022 filed by International Business Machines Corporation. Signed by Judge Colm F. Connolly on 7/6/22. (ntl) |
| Jul 5, 2022 | 18 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties' to file a Notice of Consent or Absence of Consent to Proceed Before a United States Magistrate Judge per the Courts May 4, 2022 Order (D.I. 8) to July 12, 2022 - filed by International Business Machines Corporation. (Moore, David) |
| Jul 1, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [16] STIPULATION TO EXTEND TIME for Plaintiff to file its answering brief in opposition to Defendants' Motion to Dismiss (D.I. 13) and Defendants' to file their reply brief (Set Briefing Schedule: re [13] MOTION to Dismiss - Answering Brief due 7/21/2022. Reply Brief due 8/4/2022). ORDERED by Judge Maryellen Noreika on 7/1/2022. (dlw) |
| Jul 1, 2022 | 16 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to file its answering brief in opposition to Defendants' Motion to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) and Section 101 35 U.S.C. (D.I. 13); and Defendants' to file their reply brief in support of their motion to July 21, 2022 and August 4, 2022, respectively - filed by International Business Machines Corporation. (Moore, David) |
| Jul 1, 2022 | 17 | Notice (Other) (2) Docket Text: NOTICE of Related Cases by International Business Machines Corporation (Palapura, Bindu) |
| Jun 24, 2022 | 15 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Take-Two Interactive Software, Inc., Corporate Parent Chartboost, Inc. for Zynga Inc. filed by Chartboost Inc., Zynga Inc.. (Farnan, Kelly) |
| Jun 23, 2022 | 11 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Kelly E. Farnan on behalf of Chartboost Inc., Zynga Inc. (Farnan, Kelly) |
| Jun 23, 2022 | 12 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Valerie A. Caras on behalf of Chartboost Inc., Zynga Inc. (Caras, Valerie) |
| Jun 23, 2022 | 13 | Motion to Dismiss (Main Document) (2) Docket Text: MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) and § 101 35 U.S.C. - filed by Chartboost Inc., Zynga Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly) |
| Jun 23, 2022 | 13 | Motion to Dismiss (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) and § 101 35 U.S.C. - filed by Chartboost Inc., Zynga Inc.. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly) |
| Jun 23, 2022 | 14 | Opening Brief in Support (26) Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss Based upon Fed. R. Civ. P. 12(b)(6) and § 101 35 U.S.C. filed by Chartboost Inc., Zynga Inc..Answering Brief/Response due date per Local Rules is 7/7/2022. (Farnan, Kelly) |
| May 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [10] MOTION for Extension of Time to answer, move or otherwise respond to the Complaint by Defendants (Unopposed) filed by International Business Machines Corporation. Set/Reset Answer Deadlines: Chartboost Inc. answer due 6/23/2022; Zynga Inc. answer due 6/23/2022. Ordered by Judge Maryellen Noreika on 5/19/2022. (asw) |
| May 19, 2022 | 10 | Motion for Extension of Time (2) Docket Text: MOTION for Extension of Time to answer, move or otherwise respond to the Complaint by Defendants (Unopposed) - filed by International Business Machines Corporation. (Moore, David) |
| May 11, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney John M. Desmarais, Lindsey E. Miller, and Karim Z. Oussayef 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) |
| May 5, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Raymond N Habbaz 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) |
| May 4, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (rjb) |
| May 4, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [5] MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Lindsey E. Miller and Raymond N. Habbaz of Desmarais LLP filed by International Business Machines Corporation. ORDERED by Judge Colm F. Connolly on 5/4/22. (ntl) |
| May 4, 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-VAC-1 (March 9, 2022), which are found 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 sixty (60) days after service of the Complaint on the first defendant that is served. IT IS FURTHER ORDERED that the Notice, Consent, and Referral forms re: U.S. Magistrate Judge jurisdiction, previously docketed in this case, are VACATED. Issued by the Clerk of Court on 5/4/2022. (ntl) |
| May 4, 2022 | 9 | VAC Notice, Consent, Non-Consent, Magistrate Referral (1) Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl) |
| May 3, 2022 | 5 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Lindsey E. Miller and Raymond N. Habbaz of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David) |
| May 3, 2022 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Zynga Inc. served on 5/3/2022, answer due 5/24/2022. (Moore, David) |
| May 3, 2022 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Chartboost Inc. served on 5/3/2022, answer due 5/24/2022. (Moore, David) |
| May 2, 2022 | 1 | Complaint* (1) |
| May 2, 2022 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (mpb) |
| May 2, 2022 | 1 | Complaint (Main Document) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Chartboost Inc., Zynga Inc. ( Filing fee $ 402, receipt number ADEDC-3864786.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(mpb) |
| May 2, 2022 | 1 | Complaint (Exhibit A-D) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Chartboost Inc., Zynga Inc. ( Filing fee $ 402, receipt number ADEDC-3864786.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(mpb) |
| May 2, 2022 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Chartboost Inc., Zynga Inc. ( Filing fee $ 402, receipt number ADEDC-3864786.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(mpb) |
| May 2, 2022 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| May 2, 2022 | 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 ;7,702,719 ;8,315,904. (mpb) |
| May 2, 2022 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Business Machines Corporation. (mpb) |
