Case number 1:18-cv-01127
Sequoia Technology, LLC v. Dell, Inc., et al., > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 30, 2021 | 263 | Patent/Trademark Report to Commissioner (4) Docket Text: Report to the Commissioner of Patents and Trademarks. (ntl) |
| Aug 30, 2021 | 264 | USCA Notice of Docketing ROA (4) Docket Text: NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re [262] Notice of Appeal (Federal Circuit) filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute. USCA Case Number 2021-2263. (ntl) |
| Aug 26, 2021 | N/A | APPEAL - Credit Card Payment (0) Docket Text: APPEAL - Credit Card Payment of $505.00 received re [262] Notice of Appeal (Federal Circuit) filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute. ( Filing fee $505, receipt number ADEDC-3686669.) (Brauerman, Stephen) |
| Aug 26, 2021 | N/A | Appeal Notification to Reporter Gunning (0) Docket Text: Notification regarding [262] Notice of Appeal (Federal Circuit) sent to Reporter Gunning. (srs) |
| Aug 26, 2021 | N/A | Appeal Notification to Reporter Gaffigan (0) Docket Text: Notification regarding [262] Notice of Appeal (Federal Circuit) sent to Reporter Gaffigan. (srs) |
| Aug 26, 2021 | N/A | Notice of Appeal and Docket Sheet to USCA (0) Docket Text: Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re [262] Notice of Appeal (Federal Circuit). (srs) |
| Aug 26, 2021 | 262 | Notice of Appeal (Federal Circuit) (3) Docket Text: NOTICE OF APPEAL to the Federal Circuit of [253] Memorandum and Order, [260] Order, [261] Judgment . Appeal filed by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. (Brauerman, Stephen) |
| Aug 26, 2021 | 262 | Notice of Appeal* (1) |
| Aug 16, 2021 | 260 | Order (7) Docket Text: ORDER GRANTING [259] Joint MOTION for Entry of Final Judgment filed by Red Hat, Inc. Signed by Judge Leonard P. Stark on 8/16/21. (ntl) |
| Aug 16, 2021 | 261 | Judgment (3) Docket Text: FINAL JUDGMENT (See judgment for further details) (CASE CLOSED). Signed by Judge Leonard P. Stark on 8/16/21. (ntl) |
| Aug 11, 2021 | 259 | Motion for Miscellaneous Relief (4) Docket Text: Joint MOTION for Entry of Final Judgment - filed by Red Hat, Inc.. (Attachments: # (1) [Proposed] Order, # (2) [Proposed] Final Judgment)Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
| Aug 11, 2021 | 259 | [Proposed] Order (7) |
| Aug 11, 2021 | 259 | [Proposed] Final Judgment (3) |
| Aug 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [258] STIPULATION TO EXTEND TIME for the parties to submit a proposed form of Judgment to the Court to August 11, 2021 filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 8/9/2021. (dlb) |
| Aug 6, 2021 | 258 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME for the parties to submit a proposed form of Judgment to the Court to August 11, 2021 - filed by Sequoia Technology, LLC. (Golden, Ronald) |
| Aug 3, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [257] Joint STIPULATION TO EXTEND TIME for the parties to submit a proposed form of Judgment to the Court to August 6, 2021 filed by Sequoia Technology, LLC. Signed by Judge Leonard P. Stark on 8/3/21. (ntl) |
| Jul 30, 2021 | 257 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME for the parties to submit a proposed form of Judgment to the Court to August 6, 2021 - filed by Sequoia Technology, LLC. (Golden, Ronald) |
| Jul 22, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [256] Joint STIPULATION TO EXTEND TIME and [Proposed] Order for the Parties to Submit a Proposed Form of Judgment to the Court to July 30, 2021 filed by Sequoia Technology, LLC. Signed by Judge Leonard P. Stark on 7/22/21. (ntl) |
| Jul 16, 2021 | 256 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME and [Proposed] Order for the Parties to Submit a Proposed Form of Judgment to the Court to July 30, 2021 - filed by Sequoia Technology, LLC. (Golden, Ronald) |
| Jul 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [255] Joint STIPULATION TO EXTEND TIME for Sequoia Technology, LLC and Red Hat, Inc. to submit a Proposed form of Judgment to the Court to July 16, 2021 filed by Sequoia Technology, LLC. Signed by Judge Leonard P. Stark on 7/13/21. (ntl) |
| Jul 9, 2021 | 255 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME for Sequoia Technology, LLC and Red Hat, Inc. to submit a Proposed form of Judgment to the Court to July 16, 2021 - filed by Sequoia Technology, LLC. (Golden, Ronald) |
| Jun 29, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [254] Joint STIPULATION TO EXTEND TIME for Sequoia Technology, LLC and Red Hat, Inc. to submit a Proposed form of Judgment to the Court to July 9, 2021 filed by Sequoia Technology, LLC. Signed by Judge Leonard P. Stark on 6/29/21. (ntl) |
| Jun 25, 2021 | 254 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME for Sequoia Technology, LLC and Red Hat, Inc. to submit a Proposed form of Judgment to the Court to July 9, 2021 - filed by Sequoia Technology, LLC. (Golden, Ronald) |
| May 20, 2021 | 253 | Memorandum and Order (8) Docket Text: MEMORANDUM ORDER Adopting [231] Report and Recommendation regarding claim construction. Signed by Judge Leonard P. Stark on 5/20/21. (ntl) |
| Dec 3, 2020 | 252 | Notice of Change of Address (3) Docket Text: NOTICE of Change of Address by Jack B. Blumenfeld (Blumenfeld, Jack) |
| Dec 1, 2020 | 251 | Response to Objections (15) Docket Text: RESPONSE TO OBJECTIONS by Red Hat, Inc. re [247] Objections, [Plaintiff and Counterclaim Defendant Red Hat's Response to Sequoia's Objections to the Claim Construction Report and Recommendation (D.I. 231)]. (Blumenfeld, Jack) |
| Nov 18, 2020 | 250 | Redacted Document (30) Docket Text: REDACTED VERSION of [249] Declaration, by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. (Brauerman, Stephen) |
| Oct 29, 2020 | 247 | Objections (16) Docket Text: OBJECTIONS by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC to [231] REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten . (Brauerman, Stephen) |
| Oct 29, 2020 | 248 | Declaration (13) Docket Text: DECLARATION re [247] Objections, / Declaration of Dr. George Edwards by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brauerman, Stephen) |
| Oct 29, 2020 | 248 | Exhibit A (20) |
| Oct 29, 2020 | 248 | Exhibit B (193) |
| Oct 27, 2020 | 246 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Deepali Brahmbhatt as co-counsel. Reason for request: No longer associated with One LLP. (Brauerman, Stephen) |
| Oct 23, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [245] Stipulation to Stay Deadlines Pending Resolution of Objections to the Court's Claim Construction Report and Recommendation filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute. Ordered by Judge Christopher J. Burke on 10/23/2020. (dlb) |
| Oct 22, 2020 | 245 | Stipulation (5) Docket Text: STIPULATION and [Proposed] Order to Stay Deadlines Pending Resolution of Objections to the Court's Claim Construction Report and Recommendation by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. (Brauerman, Stephen) |
| Oct 16, 2020 | 244 | Order (3) Docket Text: ORDER regarding D.I. [238] MOTION to Redact [217] Transcript,, / Sequoia Technology, LLC and Electronics and Telecommunications Research Institute's Motion to Redact Portions of the 9/8/20 Teleconference Transcript filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute, D.I. [226] MOTION to Seal Discovery Dispute Conference Transcript filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute. Signed by Judge Christopher J. Burke on 10/16/2020. (mlc) |
| Oct 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [241] STIPULATION TO EXTEND TIME to File Objections and Responses to the 10/1/20 Claim Construction Report and Recommendation to October 29, 2020 filed by Sequoia Technology, LLC, Electronics and Telecommunications Research Institute Ordered by Judge Christopher J. Burke on 10/13/2020. (mlc) |
| Oct 13, 2020 | 242 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Young Ho Kim on November 2, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| Oct 13, 2020 | 243 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Kang Ho Kim on November 4, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| Oct 12, 2020 | 241 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to File Objections and Responses to the 10/1/20 Claim Construction Report and Recommendation to October 29, 2020 - filed by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. (Brauerman, Stephen) |
| Oct 8, 2020 | 240 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Third Supplemental Rule 26(a) Initial Disclosures and Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard and Plaintiff and Counterclaim-Plaintiff Sequoia Technology, LLC's Supplemental Responses to Defendant and Counterclaim-Defendant's Set of Common Interrogatories (NOS. 6 and 9) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Oct 7, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' joint stipulation to extend certain deadlines, (D.I. 235), hereby GRANTS the stipulation and, in light of the change in the case dispositive motions deadline, sets a new case dispositive motions hearing for May 25, 2021 at 9:00 a.m. before Chief Judge Stark. The pre-trial conference and trial dates and times will remain as previously scheduled. (D.I. 61). Ordered by Judge Christopher J. Burke on 10/7/2020. (dlb) |
| Oct 7, 2020 | 238 | Motion to Redact Transcript (3) Docket Text: MOTION to Redact [217] Transcript,, / Sequoia Technology, LLC and Electronics and Telecommunications Research Institute's Motion to Redact Portions of the 9/8/20 Teleconference Transcript - filed by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Oct 6, 2020 | 235 | Stipulation to EXTEND Time (2) Docket Text: Joint STIPULATION TO EXTEND TIME for Various Case Deadlines to October 22, 2020, January 8, 2021, February 12, 2021, February 26, 2021, March 12, 2021, and March 26, 2021 - filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Oct 6, 2020 | 236 | Redacted Document (4) Docket Text: REDACTED VERSION of [227] Letter by Red Hat, Inc.. (Attachments: # (1) Exs. 12-16)(Egan, Brian) |
| Oct 6, 2020 | 236 | Exs. 12-16 (4) |
| Oct 2, 2020 | 232 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Gyu Il Cha on October 26, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| Oct 2, 2020 | 233 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Sung In Jung on October 28, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| Oct 2, 2020 | 234 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat's First Set of Common Requests for Admissions (Nos. 1-8) to Sequoia Technology, LLC and Electronics and Telecommunications Research Institute filed by Red Hat, Inc..(Egan, Brian) |
| Oct 1, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Red Hat's discovery dispute motion ("Motion"), (D.I. 205), and the briefing related thereto, (D.I. 204; D.I. 209), hereby ORDERS as follows with regard to any remaining live issues that the Court has not previously decided: (1) With regard to Red Hat's request that ETRI supplement its responses to Interrogatory Nos. 6-8, 11, 13 and 16, (D.I. 204 at 2; D.I. 209 at 2), it is DENIED WITHOUT PREJUDICE to renew. ETRI notes that it intends to provide additional information, pursuant to Fed. R. Civ. P. 33(d) regarding these requests, (D.I. 209 at 2); after Red Hat receives any such supplementation, if there are further asserted deficiencies regarding the interrogatories, Red Hat can raise those with ETRI and (if not resolved) ultimately with the Court.; (2) With regard to Red Hat's request that the Court order Sequoia and ETRI to produce documents responsive to certain Red Hat requests for production ("RFPs"), (D.I. 204 at 2, 4; D.I. 209 at 4), it is DENIED WITHOUT PREJUDICE to renew. The Court does not have sufficient information about the disputed RFPs, or Sequoia/ETRI's purported failure to respond thereto, in order to make a reasoned decision. And as to at least certain of these disputes, Sequoia/ETRI assert that Red Hat did not sufficiently meet and confer about the issue. (D.I. 209 at 4) To the extent the responses to these RFPs remain in dispute in the future after further discussion between the parties, Red Hat can then raise such disputes with the Court (making a better record about them) pursuant to the Court's discovery dispute procedures.; (3) With regard to Red Hat's request for additional Rule 30(b)(6) deposition time with Wooseok Yang on the ground that Mr. Yang was an unprepared witness, (D.I. 204 at 4-5; D.I. 209 at 5), the request is DENIED. The only subject matter area as to which Red Hat specifically alleges unpreparedness is Mr. Yang's knowledge about the Exclusive License Agreement for ETRI patents, but the record does not demonstrate Mr. Yang's lack of knowledge on that score; indeed, it appears Mr. Yang fully answered many questions regarding that subject. (D.I. 209 at 5); (4) With regard to Red Hat's request that Mr. Yang's combined Rule 30(b)(1)/Rule 30(b)(6) deposition be continued on the grounds that it was "cut unreasonably short[,]" (D.I. 204 at 5; see also D.I. 209 at 5), it is DENIED WITHOUT PREJUDICE to renew. Sequoia has offered to re-open that deposition, (D.I. 209 at 5), and the Court hopes that the parties can, after further meeting-and-conferring, come to agreement on how many hours the continued deposition should last.; (5) With regard to Red Hat's request that the Court find that Sequoia's counsel improperly instructed Mr. Yang not to answer questions about documents he reviewed to prepare for his Rule 30(b)(6) testimony, (D.I. 204 at 5; D.I. 209 at 5), it is DENIED. So far as the Court can tell, it was provided with only a few pages of Mr. Yang's deposition that relate to this issue, and the Court does not have the context or the record needed to find in Red Hat's favor here.; and (6) With regard to Red Hat's request that the Court find that Sequoia's counsel improperly instructed Mr. Yang not to answer questions about Sequoia's litigation financing arrangements, (D.I. 204 at 5; D.I. 209 at 5), it is GRANTED. During Mr. Yang's deposition, Sequoia's counsel repeatedly instructed the witness not to answer such questions on privilege and/or relevance grounds. (D.I. 204, ex. T at 129-30, 192, 194, 218, 221-24) But in its briefing here, Sequoia makes no attempt to argue that a privilege applies, (D.I. 209 at 5), and it is not proper to instruct a witness not to answer deposition questions on relevance grounds, see, e.g., McClure v. Prisoner Transp. Servs. of Am., LLC, Case No. 1:18-cv-00176-DAD-SKO, 2020 WL 1182653, at *2 (E.D. Cal. Mar. 12, 2020); Fed. R. Civ. P. 30(c)(2). At the renewed deposition of Mr. Yang, absent any further order of the Court to the contrary in the interval, Red Hat may re-ask such questions and have them answered. Ordered by Judge Christopher J. Burke on 9/30/2020. (dlb) |
| Oct 1, 2020 | 231 | Report and Recommendations (33) Docket Text: REPORT AND RECOMMENDATIONS re: Claim Construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 10/15/2020. Signed by Judge Christopher J. Burke on 10/1/2020. (dlb) |
| Sep 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Sequoia and ETRI's motion to redact portions of the transcript from the September 8, 2020 teleconference ("motion"), (D.I. 226), is having a hard time seeing why most of the proposed redactions should be accepted (perhaps with the exception of the proposed redactions on page 16, the first set on page 17 and those on page 18), and why the information at issue amounts to highly sensitive or trade secret information of third-party Intellectual Discovery ("ID"), (id. at 3). By no later than October 7, 2020, Sequoia and ETRI shall inform ID of this motion, and if Sequoia/ETRI/ID wishes to make a better record in support of the motion (and the Court would suggest that, at a minimum, such a record be made by way of sworn declaration), they may do so by filing a letter (plus attached exhibits) of no more than three single-spaced pages. Signed by Judge Christopher J. Burke on 9/30/2020. (dlb) |
| Sep 29, 2020 | 228 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat's Third Set of Common Interrogatories to Sequoia Technology, LLC and Electronics and Telecommunications Research Institute (Nos. 17-19) filed by Red Hat, Inc..(Egan, Brian) |
| Sep 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Red Hat Inc.'s discovery dispute motion ("Motion"), (D.I. 205), the briefing related thereto, (D.I. 204; D.I. 209), and having heard argument on September 23, 2020, hereby ORDERS as follows: (1) Regarding Red Hat's request that Sequoia Technology, LLC ("Sequoia") and Electronics and Telecommunications Research Institute ("ETRI") supplement Red Hat's Interrogatory (or "ROG") No. 3, which asks for information about products that Sequoia/ETRI believe embody or practice the patent-in-suit, United States Patent No. 6,718,436, the request is DENIED. Red Hat's main concern is that in their prior responses, Sequoia and ETRI did not identify Booyo as such a product. (D.I. 204 at 1) But ETRI and Sequoia assert that the only product that they contend embodies any claim of the patent-in-suit is the SANtopia Volume Manager. (D.I. 209 at 1; D.I. 209, ex. E at 6; D.I. 209, ex. F at 6) The Court cannot force Sequoia and ETRI to agree with Red Hat that Booyo embodies the claims of the patent-in-suit, and Sequoia and ETRI are not required to answer ROG No. 3 as to any product that they do not think embodies the patent's claims.; (2) Regarding Red Hat's request for supplementation of ROG No. 4, it is DENIED. Red Hat's main grievance is that Sequoia's answer does not address its purported failure to mark the Booyo product with the number of the patent-in-suit. (D.I. 204 at 3) But ROG No. 4 is a very broad request about Sequoia's damages position, and the Court agrees with Sequoia that the ROG did not fairly call for Sequoia to address any possible failure-to-mark issue, especially when marking was not specifically referenced by the ROG itself. (D.I. 209 at 2) Moreover, to the extent that Sequoia does not think Booyo reads on the patent, the Court is hard-pressed to see how this marking issue would have been referenced in Sequoia's response, even had the response been more fulsome.; (3) Regarding Red Hat's request for supplementation of ROG No. 12, it is DENIED. Red Hat's main concern, at least as conveyed during oral argument, is that ETRI and Sequoia did not sufficiently identify: (a) employees who were involved in the relevant versions of the Booyo product; or (b) any relevant documents relating to their response to the ROG. (D.I. 204 at 2) But ETRI did identify employees involved with Booyo (and Sequoia, for its part, also made reference to those same ETRI employees) and both ETRI and Sequoia also identified several documents in responding to the ROG. (D.I. 209 at 1-2, ex. E at 11-12; D.I. 209, ex. F at 16) The Court has no basis, at this point, to find their responses to be deficient.; (4) Regarding Red Hat's request for supplementation of ROG No. 1, it is GRANTED-IN-PART. Red Hats main issue is that with regard to the claimed metadata tables, Sequoia pointed to nearly identical evidence for each, without specifying how that evidence equates to the claimed "table" limitation(s)-at-issue. (D.I. 204 at 3) Because Sequoia lists much of the same metadata content in relation to more than one table limitation, (D.I. 209, Ex. G at 86-116), the Court agrees that it is a bit unclear as to which portions of the listed metadata Sequoia thinks equates to each of the tables at issue. Therefore, the Court ORDERS that by no later than October 8, 2020, Sequoia shall, at a minimum, supplement its responses to more clearly point out which portions of the respective metadata are said to amount to the tables at issue.; (5) Regarding Red Hat's request for supplementation of ROG Nos. 9 and 10, it is GRANTED-IN-PART. During oral argument, the parties agreed that it was reasonable for Sequoia, with regard to the 10 prior art references that Red Hat identified as anticipatory pursuant to 35 U.S.C. § 102, to respond by addressing whether it believes any of the references do not amount to prior art (and why not), and whether it believes that any of the references do not read on the claims-at-issue (and why not). The Court also agrees with Red Hat that it is reasonable for Sequoia to identify, at this stage, which objective indicia of non-obviousness it believes are relevant to its validity position and to provide a narrative response as to why. (D.I. 204 at 3) Sequoia is ORDERED to provide this supplemental response by no later than October 8, 2020.; (6) Regarding Red Hat's request for supplementation of ROG No. 6, it is GRANTED-IN-PART. To the extent that Sequoia is aware of responsive and non-privileged information related to the ROG, it is ORDERED to provide a supplemental response that includes such information by no later than October 8, 2020. But as to Red Hat's assertion that Sequoia is improperly withholding responsive information on the ground of privilege, (see, e.g., D.I. 204 at 5), the Court does not have sufficient information to come to any conclusion on that issue and declines to draw any conclusions about such an issue on this record.; and (7) The Court will address any remaining live issues from Red Hat's Motion in a further subsequent Oral Order. Ordered by Judge Christopher J. Burke on 9/24/2020. (dlb) |
| Sep 23, 2020 | N/A | Discovery Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Hearing held on 9/23/2020. The Court heard the parties' arguments regarding Defendants' Letter Regarding Discovery Disputes. (D.I. 204) The Court took the matters under advisement. (Clerk, Sforza) APPEARANCES: J. Blumenfeld, E. Donovan, T. Friedman, A. Fjellstedt, C. DeCoro, D. Perry for Red Hat; and S. Brauerman, N. Dozer, J. Lord, C. Arledge, D. Brahmbhatt, N. Dilger. for Sequoia/ETRI (Court Reporter, Valerie Gunning) (dlb) |
| Sep 23, 2020 | 223 | Redacted Document (8) Docket Text: REDACTED VERSION of [220] Letter, by Red Hat, Inc.. (Attachments: # (1) Exhibits 1-11)(Egan, Brian) |
| Sep 23, 2020 | 223 | Exhibits 1-11 (46) |
| Sep 22, 2020 | 222 | Redacted Document (1) Docket Text: REDACTED VERSION of [221] Letter by Sequoia Technology, LLC. (Attachments: # (1) Exhibit R)(Brauerman, Stephen) |
| Sep 22, 2020 | 222 | Exhibit R (1) |
| Sep 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiff's Unopposed Motion to Seal September 8, 2020 Discovery Dispute Conference Transcript, (D.I. 216), hereby ORDERS that the Motion is GRANTED-IN-PART and DENIED-IN-PART. The Court GRANTS Plaintiff's request to seal the transcript, (D.I. 217). The Court DENIES Sequoia's request (included in its proposed Order) to coordinate with counsel for Red Hat to file a redacted public version of the sealed transcript within 7 (seven) days of receipt of the transcript. Instead, within 7 (seven) days of receipt of the transcript, Sequoia shall file a motion for redaction that includes a clear, factually detailed explanation as to why disclosure of any proposed redacted material would "work a clearly defined and serious injury to the party seeking closure." Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994). Ordered by Judge Christopher J. Burke on 9/15/2020. (dlb) |
| Sep 15, 2020 | 219 | Answer to Complaint (9) Docket Text: ANSWER to Complaint with Jury Demand / Defendant Electronics and Telecommunications Research Institute's Answer to First Amended Complaint for Declaratory Judgment by Electronics and Telecommunications Research Institute.(Brauerman, Stephen) |
| Sep 14, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [213] Joint STIPULATION TO EXTEND TIME for Electronics and Telecommunications Research Inc. to Respond to the Amended Complaint to September 15, 2020 filed by Electronics and Telecommunications Research Institute. Ordered by Judge Christopher J. Burke on 9/11/2020. (dlb) |
| Sep 10, 2020 | 216 | Motion to Seal (3) Docket Text: MOTION to Seal September 8, 2020 Discovery Dispute Conference Transcript - filed by Sequoia Technology, LLC. (Attachments: # (1) [Proposed] Order)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Sep 10, 2020 | 216 | [Proposed] Order (2) |
| Sep 9, 2020 | 214 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding request for second discovery dispute conference - re [204] Letter. (Egan, Brian) |
| Sep 9, 2020 | N/A | Order Setting Teleconference (0) Docket Text: The Court, having reviewed Red Hat's discovery dispute motion ("Motion"), (D.I. 205), the briefing related thereto, (D.I. 204; D.I. 209), and having heard argument on some (but not all) of the disputes referenced in the Motion on September 8, 2020, hereby ORDERS as follows: (1) With regard to Red Hat's request that the Court find that Sequoia and non-party Intellectual Discovery ("ID") are alter egos (an issue that was discussed during the September 8 oral argument), (D.I. 204 at 3-4; id. ex. 1 at para. 8), for the reasons articulated by the Court during argument, the Court will allow additional briefing on that issue alone. To that end, by no later than September 16, 2020, Red Hat may file an opening letter brief of no more than five single-spaced pages. Sequoia may file a responsive letter brief of no more than five single-spaced pages by no later than September 23, 2020. And Red Hat may file a reply letter brief of no more than two single-spaced pages by September 28, 2020. It would be helpful if the letter briefs addressed: (a) which alter ego factors support or do not support Red Hats request (and what portions of the record relate to those factors); (b) whether this "alter ego" issue is one that will ultimately be addressed by a factfinder at summary judgment or thereafter, or instead is simply a legal issue that the Court can decide with finality now, and which solely relates to whether certain discovery is appropriately sought in the case.; (c) why the relief that Red Hat now seeks in its Proposed Order, (D.I. 204, ex. 1 at para. 8), is necessary in lieu of other available processes, such as amending the pleadings to join ID as a party, and/or seeking non-party discovery via Fed. R. Civ. P. 45.; and (d) citation to any cases where a Court has made such an "alter ego" finding in the context of a dispute over discovery.; (2) With regard to Red Hats request that the Court find that Sequoia and ETRI have failed to comply with the Delaware Default Standard (an issue also discussed during the September 8 oral argument), (D.I. 204 at 2), Red Hat's counsel acknowledged that certain of these disputes are not ripe, in light of recent developments. The Motion is DENIED as MOOT as to those Default Standard-related disputes. As to Red Hat's request that the Court order ETRI to "identify non-custodial data sources" (per paragraph 3(b) of the Default Standard), (D.I. 204 at 2), it is GRANTED-IN-PART. Even if ETRI is a small company, the Court finds it a little hard to believe that it has absolutely no non-custodial data sources that contain non-duplicative discoverable information. By no later than September 16, 2020, ETRI shall again assess that issue and communicate to Red Hat whether any supplementation of its initial disclosures on this point is warranted. And as to Red Hat's request that "ETRI... use Red Hat's requested [search] terms[,]" (id.), it is GRANTED-IN-PART. Once ETRI communicated to Red Hat that it intended to use search terms (which the Court understands only occurred recently, in August 2020), it appears that Red Hat, pursuant to paragraph 5(b) of the Default Standard, quickly and appropriately communicated proposed additional terms to ETRI, with a request that those terms also be used in the search. As Red Hat has complied with the Default Standard, it is entitled to have up to 10 such additional terms be used in connection with the search process, and the parties should work together to ensure that this occurs.; and (3) As to the remaining issues regarding the Motion that were not addressed during the September 8 oral argument, per Red Hat's request, (D.I. 214), the Court will hear additional argument on those issues on September 23, 2020 from 11:00 a.m. to 12:00 p.m. EST. By no later than September 21, 2020, Red Hat's counsel shall provide the Court's Courtroom Deputy, Ms. Benyo, with dial-in information for the call.. Ordered by Judge Christopher J. Burke on 9/9/2020. (dlb) |
| Sep 8, 2020 | 213 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME for Electronics and Telecommunications Research Inc. to Respond to the Amended Complaint to September 15, 2020 - filed by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| Sep 4, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed ETRI and Sequoia's (collectively, "Sequoia") discovery dispute motion (the "Motion"), (D.I. 203), and the parties' letter briefs relating thereto, (D.I. 201; D.I. 206), and having heard oral argument on August 31, 2020, (D.I. 208 (hereinafter "Tr.")), HEREBY ORDERS as follows with regard to the three disputes that the Court did not resolve during the teleconference: (1) With regard to Sequoia's request for discovery into sales and revenue information of accused products from HPE, via Sequoia's RFP Nos. 11-12, (D.I. 201 at 1-2; D.I. 206 at 1-2), it is DENIED WITHOUT PREJUDICE. While it could be argued that the most directly relevant damages information regarding Red Hat's liability for infringement would be licensing or subscription revenue that Red Hat obtains from its downstream customers relating to RHEL including LVM2 software ("RHEL"), (D.I. 206 at 1; Tr. at 16-17), the Court cannot categorically conclude that all of the information sought from HPE is irrelevant to a credible damages calculation or to the issue of commercial success. See Glenayre Elecs., Inc. v. Jackson, 443 F.3d 851, 859-60 & n.3 (Fed. Cir. 2006); see also (Tr. at 20, 31). Indeed, even Red Hat and HPE do not go that far. (Tr. at 29-30) But surely Red Hat and HPE are correct that requiring the full scope of such discovery from HPE would be "grossly disproportionate to the scope of this case" and would violate the spirit of the current stay order. (D.I. 206 at 1; Tr. at 18, 24) Indeed, even Sequoia agrees that a "smaller subset" of the entire universe of the sought-after discovery could be appropriate here. (Tr. at 19) In the future, if Sequoia's requests are more narrowly tailored and if the Court has a better understanding of how the requests relate to a particular damages/commercial success argument that Sequoia is making, then such requests have a good chance of being granted.; (2) With regard to Sequoia's request to inspect Red Hat's servers (or, in the alternative, for the Court to order that Red Hat deem one of its servers as representative), (D.I. 201 at 2-3; D.I. 206 at 2-3), it is DENIED WITHOUT PREJUDICE. The Court agrees with Red Hat that an inspection (at least one with undefined scope) would be invasive, for all of the reasons identified by Red Hat, and is not warranted at this stage. (D.I. 206 at 2-3; id. ex. 2 at 5-6) And the Court is not going to force Red Hat to deem one of its servers as representative of all of its servers. (D.I. 206 at 3) There should be lots of ways that Sequoia can get information about how Red Hat internally uses RHEL on its servers. For example, both parties acknowledged that Red Hat could produce relevant files regarding its servers, (Tr. at 44, 45-46, 49-50; D.I. 201 at 2 & ex. I; D.I. 206, ex. 5), and could provide a deponent on these topics, (Tr. at 47, 50). Also of use could be: (a) interrogatories; (b) stipulations; and/or (c) direct conversations between Sequoia's and Red Hat's counsel about the scope of Red Hat's server system. (Tr. at 35-37, 49-50) Such discovery/discussion could go a long way toward providing Sequoia the information it needs. Should Sequoia still be lacking relevant information after efforts like these are meaningfully attempted, then it may make a further request to the Court regarding this subject matter. (3) With regard to Sequoia's request that the Court rule that Red Hat's discovery responses are insufficient because Red Hat has too narrowly interpreted the scope of "Accused Products, System or Service," (D.I. 201 at 3; D.I. 206 at 3), it is DENIED WITHOUT PREJUDICE. It might well be correct, as Red Hat suggests, to consider the "accused product" or the "accused functionality" in the case to be RHEL and RHEL alone. But as to the larger issue of whether "sales data" about Red Hat products other than RHEL can be relevant for discovery purposes, (Tr. at 52), the Court understands the parties have a running dispute as to whether a Red Hat product that "run[s] with" or "in[t]er-operate[s] with" RHEL and LVM2--without necessarily "includ[ing]" RHEL or having RHEL "within" it--could be relevant to the case. (Tr. at 64, 71, 74; see also D.I. 206, ex. 7 at 7) For similar reasons as those set out above as to dispute (1), the Court expects that sales information about such a product could be relevant in this case as to, inter alia, damages. And as compared to dispute (1), it should be a little easier for Sequoia to get access to this discovery, because unlike the downstream customer Defendants, the case against Red Hat is not stayed. But as to whether any particular such discovery request is appropriate and not unduly burdensome per Rule 26, the Court will have to take up those issues on a case-by-case basis. Ordered by Judge Christopher J. Burke on 9/4/2020. (dlb) |
| Sep 3, 2020 | 210 | Redacted Document (30) Docket Text: REDACTED VERSION of [204] Letter by Red Hat, Inc.. (Egan, Brian) |
| Sep 3, 2020 | 211 | Redacted Document (30) Docket Text: REDACTED VERSION of [206] Letter by Red Hat, Inc.. (Egan, Brian) |
| Sep 2, 2020 | 207 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Electronics and Telecommunications Research Institute's Second Supplemental Responses to Red Hat's Common Interrogatories (Nos. 3, 5, and 12) filed by Electronics and Telecommunications Research Institute.(Brauerman, Stephen) |
| Sep 2, 2020 | 208 | Transcript (90) Docket Text: Official Transcript of Telephone Conference held on August 31, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 9/23/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/1/2020. (bpg) |
| Aug 31, 2020 | N/A | Discovery Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Dispute Teleconference held on 8/31/2020. The Court heard the parties' arguments regarding Sequoia and ETRI's Motion for Teleconference to Resolve Discovery Dispute, (D.I. 203). The Court took the matter under advisement. (Clerk, Schwerin) APPEARANCES: Stephen Brauerman, John Lord, Deepali Brahmbhatt, J. Liu and F. Farjami for Sequoia; Jack Blumenfeld, Brian Egan and Jeremy Tigan for Defendants; Todd Friedman, Ed Donovan, Anders Fjellstedt, Hannah Bedard and Chris Decoro for IBM and Red Hat; David Kuznick and B. Haskell for Dell; David Perry for Red Hat; C. Murray for Hewlett Packard; and N. Tabah for IBM. (Court Reporter, Brian Gaffigan) (dlb) |
| Aug 27, 2020 | 205 | Motion for Miscellaneous Relief (3) Docket Text: MOTION for Teleconference to Resolve Discovery Dispute - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian) |
| Aug 26, 2020 | 203 | Motion for Miscellaneous Relief (3) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Electronics and Telecommunications Research Institute, Sequoia Technology, LLC. Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Aug 25, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [200] unopposed MOTION to Withdraw / Defendant Electronics and Telecommunications Research Institute's Motion to Dismiss filed by Electronics and Telecommunications Research Institute. Related Motion terminated as moot: [164] MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant Electronics and Telecommunications Research Institute's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6) filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb) |
| Aug 25, 2020 | 200 | Motion to Withdraw (2) Docket Text: MOTION to Withdraw / Defendant Electronics and Telecommunications Research Institute's Unopposed Motion to Withdraw Motion to Dismiss - filed by Electronics and Telecommunications Research Institute. Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Aug 25, 2020 | 201 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Stephen B. Brauerman regarding Joint Discovery Letter - re [198] Order Setting Teleconference,,,,,. (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)(Brauerman, Stephen) |
| Aug 25, 2020 | 201 | Exhibit A (8) |
| Aug 25, 2020 | 201 | Exhibit B (24) |
| Aug 25, 2020 | 201 | Exhibit C (6) |
| Aug 25, 2020 | 201 | Exhibit D (3) |
| Aug 25, 2020 | 201 | Exhibit E (10) |
| Aug 25, 2020 | 201 | Exhibit F (7) |
| Aug 25, 2020 | 201 | Exhibit G (8) |
| Aug 25, 2020 | 201 | Exhibit H (10) |
| Aug 25, 2020 | 201 | Exhibit I (5) |
| Aug 25, 2020 | 201 | Exhibit J (5) |
| Aug 25, 2020 | 201 | Exhibit K (4) |
| Aug 25, 2020 | 202 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat's Supplemental Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Default Standard for Discovery filed by Red Hat, Inc..(Blumenfeld, Jack) |
| Aug 21, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER SETTING TELECONFERENCE: The Court has reviewed the parties' August 20, 2020, letters regarding each sides' discovery disputes. (D.I. 196; D.I. 197) It hereby ORDERS as follows with regard to the issues that Sequoia and ETRI raise against Red Hat, (D.I. 196 at 2; D.I. 197 at 1-2): (1) A discovery dispute teleconference is set for August 31, 2020, from 3:00-4:00 PM before Judge Christopher J. Burke.; (2) By no later than August 25, 2020, Sequoia and ETRI shall file a joint opening letter brief, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining the issues as to the disputes they are raising.; (3) By no later than August 28, 2020, Red Hat may file an answering letter brief, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining its reasons for opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than August 27, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number (via e-mail) to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 8/21/2020. (dlb) |
| Aug 21, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 20, 2020, letters regarding each sides' discovery disputes. (D.I. 196; D.I. 197) It hereby ORDERS as follows with regard to the issues that Red Hat raises against Sequoia, (D.I. 196 at 1-2) and against ETRI, (D.I. 197 at 1): (1) A discovery dispute teleconference is set for September 8, 2020, from 3:00-5:00 PM before Judge Christopher J. Burke.; (2) By no later than August 27, 2020, Red Hat shall file an opening letter brief, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining the issues as to the disputes it is raising.; (3) By no later than September 2, 2020, Sequoia and ETRI may file a joint answering letter brief, not to exceed five (5) single-spaced pages, in no less than 12-point font, outlining their reasons for their opposition.; (4) The parties shall jointly file a Motion For Teleconference To Resolve Discovery Dispute.; (5) By no later than September 3, 2020, the parties shall jointly provide the Courts Courtroom Deputy, Ms. Benyo, with a dial-in number (via e-mail) to use for the call.; and (6) It is possible that the Court may choose to resolve some or all of these disputes prior to the telephone conference. Ordered by Judge Christopher J. Burke on 8/21/2020. (dlb) |
| Aug 20, 2020 | 195 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Jonathan Brassow on September 21, 2020, at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Aug 20, 2020 | 196 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Red Hat and Sequoia request the scheduling of a discovery conference. (Egan, Brian) |
| Aug 20, 2020 | 197 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Red Hat and ETRI request the scheduling of a discovery conference. (Egan, Brian) |
| Aug 14, 2020 | 192 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Dell Inc. and EMC Corporation's Objections and Responses to Sequoia Technology, LLC's First Set of Requests for Production of Documents (Nos. 1-12), (2) Dell Inc. and EMC Corporation's Objections and Responses to Sequoia Technology, LLC's Requests for Admissions (Nos. 1-7), (3) Dell Inc. and EMC Corporation's Objections and Responses to Sequoia Technology, LLC's Notice of 30(b)(6) Deposition of Dell, Inc. and EMC Corporation, and (4) Dell Inc. and EMC Corporation's Objections and Responses to Sequoia Technology, LLC's First Requests for Inspection filed by Dell, Inc., EMC Corporation.(Tigan, Jeremy) |
| Aug 14, 2020 | 193 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Sequoia Technology, LLCs Second Supplemental Rule 26(a) Initial Disclosures; (2) Sequoia Technology, LLCs Second Supplemental Responses To Red Hats Interrogatories (Nos. 3, 4, 5, And 12); and (3) this Notice of Service filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Aug 14, 2020 | 194 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Hitachi Ltd.'s Objections and Responses to Sequoia Technology LLC's Notice of Rule 30(B)(6) Deposition of Hitachi Ltd.; (2) Hitachi Ltd.'s Objections and Responses to Sequoia Technology LLC's First Set of Request for Production of Documents (Nos. 1-12); (3) Hitachi Ltd.'s Objections and Responses to Sequoia Technology LLC's Requests for Admission (Nos. 1-7); (4) Hitachi Ltd.'s Objections and Responses to Sequoia Technology LLC's First Requests for Inspection; (5) Hitachi Vantara Corporation's Objections and Responses to Sequoia Technology LLC's Notice of Rule 30(B)(6) Deposition of Hitachi Vantara Corporation; (6) Hitachi Vantara Corporation's Objections and Responses to Sequoia Technology LLC's First Set of Request for Production of Documents (Nos. 1-12); (7) Hitachi Vantara Corporation's Objections and Responses to Sequoia Technology LLC's Requests for Admission (Nos. 1-7); (8) Hitachi Vantara Corporation's Objections and Responses to Sequoia Technology LLC's First Requests for Inspection; (9) International Business Machines Corporation's Objections and Responses to Sequoia Technology LLC's Notice of Rule 30(B)(6) Deposition of International Business Machines Corporation; (10) International Business Machines Corporation's Objections and Responses to Sequoia Technology LLC's First Set of Request for Production of Documents (Nos. 1-12); (11) International Business Machines Corporation's Objections and Responses to Sequoia Technology LLC's Requests for Admission (Nos. 1-7); (12) International Business Machines Corporation's Objections and Responses to Sequoia Technology LLC's First Requests for Inspection; (13) Hewlett Packard Enterprise Company's Objections and Responses to Sequoia Technology LLC's First Requests for Inspection; (14) Super Micro Computer, Inc.'s Objections and Responses to Sequoia Technology LLC's Notice of Rule 30(B)(6) Deposition of Super Micro Computer, Inc.; (15) Super Micro Computer, Inc.'s Objections and Responses to Sequoia Technology LLC's First Set of Request for Production of Documents (Nos. 1-12); (16) Super Micro Computer, Inc.'s Objections and Responses to Sequoia Technology LLC's Requests for Admission (Nos. 1-7); and (17) Super Micro Computer, Inc.'s Objections and Responses to Sequoia Technology LLC's First Requests for Inspection filed by Red Hat, Inc..(Egan, Brian) |
| Aug 10, 2020 | 189 | Redacted Document (29) Docket Text: REDACTED VERSION of [82] Opening Brief in Support, by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| Aug 10, 2020 | 190 | Redacted Document (25) Docket Text: REDACTED VERSION of [84] Declaration, of John E. Lord in Support of Defendant's Motion to Dismiss by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| Aug 10, 2020 | 191 | Redacted Document (17) Docket Text: REDACTED VERSION of [98] Reply Brief by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| Aug 4, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Joseph K. Liu and Christopher W. Arledge for Sequoia Technology, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Aug 3, 2020 | 184 | Transcript (153) Docket Text: Official Transcript of Claim Construction Hearing held on July 29, 2020 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, e-mail: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/24/2020. Redacted Transcript Deadline set for 9/3/2020. Release of Transcript Restriction set for 11/2/2020. (bpg) |
| Aug 3, 2020 | 185 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Amazon.com, Inc. filed by Sequoia Technology, LLC. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Aug 3, 2020 | 185 | Exhibit A (17) |
| Aug 3, 2020 | 186 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Comcast Corporation filed by Sequoia Technology, LLC. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Aug 3, 2020 | 186 | Exhibit A (17) |
| Aug 3, 2020 | 187 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Microsoft Corporation filed by Sequoia Technology, LLC. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Aug 3, 2020 | 187 | Exhibit A (17) |
| Aug 3, 2020 | 188 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Subpoena to Pixar filed by Sequoia Technology, LLC. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Aug 3, 2020 | 188 | Exhibit A (17) |
| Jul 29, 2020 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke: Markman Hearing held on 7/29/2020. The Court heard the parties' arguments regarding claim construction. The Court took matters under advisement. (Court Reporter Brian Gaffigan. Clerk: Schwerin) APPEARANCES: B. McCartney, J. Lord, D. Brahmbhatt for Sequoia; F. Farjami for Sequoia; J. Blumenfeld, B. Egan for Defendants; T. Friedman, A. Fjellstedt, T. Donovan for Red Hat; D. Perry and P. McBride for Red Hat; T. Brown for Dell; N. Tabah for IBM. (mlc) |
| Jul 27, 2020 | 183 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Responses and Objections to Sequoia's Second Notice of Rule 30(B)(6) Deposition of Red Hat, Inc.; and (2) Objections and Responses to Sequoia's Second Set of Common Interrogatories (Nos. 14-23) filed by Red Hat, Inc..(Egan, Brian) |
| Jul 24, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [181] MOTION for Pro Hac Vice Appearance of Attorney Christopher W. Arledge, Joseph K. Liu, and Jonathan O. Ballard filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 7/24/2020. (dlb) |
| Jul 24, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Jonathan O. Ballard for Sequoia Technology, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
| Jul 21, 2020 | 181 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christopher W. Arledge, Joseph K. Liu, and Jonathan O. Ballard - filed by Sequoia Technology, LLC. (Attachments: # (1) Certification of Christopher W. Arledge, # (2) Certification of Joseph K. Liu, # (3) Certification of Jonathan O. Ballard)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Jul 21, 2020 | 181 | Certification of Christopher W. Arledge (1) |
| Jul 21, 2020 | 181 | Certification of Joseph K. Liu (1) |
| Jul 21, 2020 | 181 | Certification of Jonathan O. Ballard (1) |
| Jul 21, 2020 | 182 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs First Supplemental Identification of Accused Products and Patents Pursuant to Paragraph 4(A) of the Default Standard for Discovery filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 17, 2020 | 180 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Farshad Farjami on August 10, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| Jul 16, 2020 | 179 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Courtney Caldwell on August 13, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 170 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Hitachi Vantara Corporation on August 25, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 171 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Hitachi LTD. on August 24, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 172 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of EMC Corporation (AKA Dell EMC) on August 5, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 173 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Dell, Inc. on August 4, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 174 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Super Micro Computer, Inc. on August 11, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 175 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of International Business Machines Corporation on August 12, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 176 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Requests for Production of Documents to Hitachi Vantara Corporation (NOS. 1-2); Sequoia Technology, LLCs Requests for Admissions to Hitachi Vantara Corporation (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to Hitachi Vantara Corporation; Sequoia Technology, LLCs Requests for Production of Documents to Hitachi LTD. (NOS. 1-12); Sequoia Technology, LLCs Requests for Admissions to Hitachi LTD. (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to Hitachi LTD.; Sequoia Technology, LLCs Requests for Production of Documents to International Business Machines Corporation (NOS. 1-2); Sequoia Technology, LLCs Requests for Admissions to International Business Machines Corporation (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to International Business Machines Corporation; Sequoia Technology, LLCs Requests for Production of Documents to Dell, Inc. (NOS. 1-2); Sequoia Technology, LLCs Requests for Admissions to Dell, Inc. (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to Dell, Inc.; Sequoia Technology, LLCs Requests for Production of Documents to EMC Corporation (AKA Dell EMC) (NOS. 1-2); Sequoia Technology, LLCs Requests for Admissions to EMC Corporation (AKA Dell EMC) (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to EMC Corporation (AKA Dell EMC); Sequoia Technology, LLCs First Requests for Inspection to Hewlett Packard Enterprise Company; Sequoia Technology, LLCs Requests for Production of Documents to Super Micro Computer, Inc. (NOS. 1-2); Sequoia Technology, LLCs Requests for Admissions to Super Micro Computer, Inc. (NOS. 1-7); Sequoia Technology, LLCs First Requests for Inspection to Super Micro Computer, Inc. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 15, 2020 | 177 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding claim construction meet and confer - re [157] Oral Order,,,,,,,,. (Egan, Brian) |
| Jul 15, 2020 | 178 | Claim Construction Chart (9) Docket Text: CLAIM Construction Chart by Red Hat, Inc.. (Attachments: # (1) Exhibits A-L)(Egan, Brian) |
| Jul 15, 2020 | 178 | Exhibits A-L (376) |
| Jul 10, 2020 | 168 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding reply pursuant to the Court's June 30, 2020 Order - re [167] Letter, [164] MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant Electronics and Telecommunications Research Institute's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6). (Egan, Brian) |
| Jul 10, 2020 | 169 | Declaration (4) Docket Text: DECLARATION re [168] Letter, of Courtney Caldwell -- by Red Hat, Inc.. (Egan, Brian) |
| Jul 7, 2020 | 167 | Letter (5) Docket Text: Letter to The Honorable Christopher J. Burke from Stephen B. Brauerman regarding ETRIs answering letter brief in response to Red Hats Motion for Leave to File a Sur-Reply - re [166] Oral Order,,. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Brauerman, Stephen) |
| Jul 7, 2020 | 167 | Exhibit 1 (3) |
| Jul 7, 2020 | 167 | Exhibit 2 (2) |
| Jun 30, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having received Red Hat's Motion for Leave to File a Sur-Reply, (D.I. 164), and seeing that Electronics and Telecommunications Research Institute ("ETRI"), opposes such a motion, (id. at 1 n.1), HEREBY ORDERS that ETRI may file an answering letter brief of no longer that four (4) single-spaced pages by July 7, 2020. Any reply brief will be no more than two (2) single-spaced pages and shall be filed by July 10, 2020. Ordered by Judge Christopher J. Burke on 6/30/2020. (dlb) |
| Jun 26, 2020 | 161 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Second Set of Common Interrogatories to Red Hat, Inc. (Nos. 14-23) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 26, 2020 | 162 | Notice to Take Deposition (10) Docket Text: NOTICE to Take Deposition of Red Hat, Inc. on August 4, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 26, 2020 | 163 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Chris Wells on July 1, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 26, 2020 | 164 | Motion for Leave to File (9) Docket Text: MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant Electronics and Telecommunications Research Institute's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6) - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian) |
| Jun 26, 2020 | 165 | Declaration (5) Docket Text: DECLARATION re [164] MOTION for Leave to File a Sur-Reply in Further Opposition to Defendant Electronics and Telecommunications Research Institute's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(5), and 12(b)(6)-- Declaration of Anders P. Fjellstedt -- by Red Hat, Inc.. (Attachments: # (1) Exhibits 1-5)(Egan, Brian) |
| Jun 26, 2020 | 165 | Exhibits 1-5 (39) |
| Jun 24, 2020 | 159 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Electronics and Telecommunications Research Institutes Objections to Red Hats Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6), Topics 1-50 filed by Electronics and Telecommunications Research Institute.(Brauerman, Stephen) |
| Jun 24, 2020 | 160 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Objections to Red Hats Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30 (b)(6), Topics 1-50 filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 23, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Corrected document added to D.I. 153 per request of counsel. (ntl) |
| Jun 18, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court HEREBY ORDERS as follows regarding the July 29, 2020 Markman hearing: (1) The July 29, 2020 Markman hearing will be held via videoconference using the Skype for Business platform. By no later than July 22, 2020, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) Having reviewed the parties' June 17, 2020 letter, (D.I. 156), the Court hereby ADOPTS the parties' proposals regarding time allocation and the order of the terms, and ADOPTS Sequoia's proposal as to which side will present argument first for each term. Three hours will be allocated for argument, to be split equally between the parties. (3) On or before July 15, 2020, local and lead counsel for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms where possible and on an attempt to focus the dispute over the remaining terms in light of the parties claim construction briefing. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart. (4) By July 15, 2020, the parties shall submit to the Court two hard copies of the Joint Claim Construction brief and accompanying exhibits/declarations.; and (5) By no later than 24 hours in advance of the hearing, the parties shall submit their slide presentations via e-mail to Ms. Benyo. Ordered by Judge Christopher J. Burke on 6/18/2020. (dlb) |
| Jun 18, 2020 | 158 | Notice to Take Deposition (2) Docket Text: NOTICE to Take Deposition of Mike McGrath on June 19, 2020 at 9:30 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 17, 2020 | 156 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Claim Construction Hearing - re [155] Oral Order,,. (Egan, Brian) |
| Jun 12, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In accordance with the Scheduling Order, (D.I. 61 at para. 14), the Court HEREBY ORDERS that by no later than June 17, 2020, the parties shall file a joint letter with the Court regarding the upcoming claim construction hearing, setting out (i) whether they request leave to present testimony at the hearing; (ii) the amount of time they are requesting be allocated to them for the hearing; and (iii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.. Ordered by Judge Christopher J. Burke on 6/12/2020. (dlb) |
| Jun 11, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [151] STIPULATION TO EXTEND TIME for the parties to file their Joint Claim Construction Brief and associated Joint Appendix to June 11, 2020 filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 6/11/2020. (dlb) |
| Jun 11, 2020 | 153 | Joint Claim Construction Brief (30) Docket Text: JOINT CLAIM CONSTRUCTION BRIEF - filed by Red Hat, Inc.. (Egan, Brian) (Main Document 153 replaced on 6/23/2020) (ntl). |
| Jun 11, 2020 | 154 | Appendix (5) Docket Text: APPENDIX re [153] Joint Claim Construction Brief by Red Hat, Inc.. (Attachments: # (1) Exhibits A-Z2)(Egan, Brian) |
| Jun 11, 2020 | 154 | Exhibits A-Z2 (409) |
| Jun 10, 2020 | 149 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Heinz Mauelshagen on August 10, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 10, 2020 | 150 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of David Teigland on August 3, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jun 10, 2020 | 151 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to file their Joint Claim Construction Brief and associated Joint Appendix to June 11, 2020 - filed by Red Hat, Inc.. (Egan, Brian) |
| Jun 10, 2020 | 152 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Electronics and Telecommunications Research Institutes Rule 26(a) Initial Disclosures, Electronics and Telecommunications Research Institutes Responses to Red Hats First and Second Set of Common Requests for Production of Documents (Nos. 1-75), and Electronics and Telecommunications Research Institutes Supplemental Responses to Red Hats First and Second Set of Common Interrogatories (Nos. 1-16) filed by Electronics and Telecommunications Research Institute.(Brauerman, Stephen) |
| Jun 8, 2020 | 148 | Statement (8) Docket Text: STATEMENT Plaintiff and Counterclaim Defendant Red Hat's Response to Sequoia's Technology Tutorial by Red Hat, Inc.. (Egan, Brian) |
| Jun 3, 2020 | 146 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff and Counterclaim Defendant Red Hat's Sur-Reply Claim Construction Brief, filed by Red Hat, Inc..(Egan, Brian) |
| Jun 3, 2020 | 147 | Statement (5) Docket Text: STATEMENT /Plaintiffs Comments on Defendants Technology Tutorial by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Jun 1, 2020 | 144 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat's Technology Tutorial for U.S. Patent No. 6,718,436 filed by Red Hat, Inc..(Egan, Brian) |
| Jun 1, 2020 | 145 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiff Sequoia Technology, LLC's Technology Tutorial and (2) this Notice of Service filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| May 29, 2020 | 142 | Redacted Document (16) Docket Text: REDACTED VERSION of [130] Answering Brief in Opposition by Red Hat, Inc.. (Egan, Brian) |
| May 29, 2020 | 143 | Redacted Document (6) Docket Text: REDACTED VERSION of [131] Declaration, by Red Hat, Inc.. (Attachments: # (1) Exhibit 1-22)(Egan, Brian) |
| May 29, 2020 | 143 | Exhibit 1-22 (139) |
| May 26, 2020 | 140 | Notice to Take Deposition (15) Docket Text: NOTICE to Take Deposition of Electronics and Telecommunications Research Institute Pursuant to Fed. R. Civ. P. 30(b)(6) on June 25, 2020 filed by Red Hat, Inc..(Blumenfeld, Jack) |
| May 26, 2020 | 141 | Notice to Take Deposition (15) Docket Text: NOTICE to Take Deposition of Sequoia Technology, LLC Pursuant to Fed. R. Civ. P. 30(b)(6) on July 15, 2020 filed by Red Hat, Inc..(Blumenfeld, Jack) |
| May 22, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant Electronics and Telecommunications Research Institute ("ETRI")'s motion for a protective order and stay of discovery ("Motion"), (D.I. [123]), and the briefing related thereto, (D.I. 124; D.I. 130; D.I. 135), hereby ORDERS that the Motion be DENIED, as ETRI has not shown good cause, for the following three reasons: (1) After reading the briefs, it seems fairly clear to the Court that ETRI is going to be required to produce some discovery in this case (whether as a party, via a Rule 45 subpoena, or via the Hague Convention). (D.I. 130 at 9) That is all to say that even if ETRI is correct in its view that it will be dismissed as a party to this case when the Court is able to resolve its pending motion to dismiss in the near term, and even if in the interval ETRI had to produce some discovery, the amount of prejudice to ETRI should be low, because it would likely have had to eventually produce that discovery anyway. Cf. Sanders v. Sheppard, 16-CV-6526-CBA-SJB, 2019 WL 1574952, at *2 (E.D.N.Y. Mar. 11, 2019); Freund v. Weinstein, No. CV 2008-1469 FB MDG, 2009 WL 2045530, at *3 (E.D.N.Y. July 8, 2009).; (2) ETRI's main complaint seems to be about the "excessive and objectionable" nature of the discovery that Plaintiff Red Hat, Inc. has propounded on it. (D.I. 124 at 1, 3-4, 7) And it does seem like some of the discovery requests ETRI has referenced, (id. at 3-4), are pretty broadly worded. But in the interval between now and the time the Court resolves the pending motion to dismiss, if ETRI has concerns about the breadth or burden associated with those requests, it can address those concerns via participation in the Court's discovery dispute procedures.; and (3) the District Court has concluded that, as a general matter, in patent cases like these, the schedule will move forward even in light of the pendency of a motion to dismiss. See NuVasive, Inc. v. Neurovision Med. Prods., Inc., Civil Action No. 15-286-LPS-CJB, 2015 WL 3918866, at *2 (D. Del. June 23, 2015). Ordered by Judge Christopher J. Burke on 5/22/2020. (mlc) |
| May 20, 2020 | 137 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Wooseok Yang on July 8, 2020 filed by Red Hat, Inc..(Blumenfeld, Jack) |
| May 20, 2020 | 138 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Reply Claim Construction Brief filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| May 14, 2020 | 134 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Supplemental Rule 26(a) Initial Disclosures filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| May 14, 2020 | 135 | Reply Brief (10) Docket Text: REPLY BRIEF re [123] MOTION for Protective Order and Stay of Discovery Pending Motion to Dismiss filed by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| May 14, 2020 | 136 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Red Hat's Objections and Responses to Sequoia Technology, LLC's First Requests for Inspection and (2) Red Hat's Objections and Responses to Sequoia Technology, LLC's Requests for Admissions (Nos. 1-16) filed by Red Hat, Inc..(Egan, Brian) |
| May 12, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 131 was placed under seal and a corrected declaration was added per request of counsel. (ntl) |
| May 12, 2020 | 132 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Chang-Soo Kim on June 23, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| May 12, 2020 | 133 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Samsoo Kim on June 30, 2020 filed by Red Hat, Inc..(Egan, Brian) |
| May 6, 2020 | 129 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff and Counterclaim Defendant Red Hat's Responsive Claim Construction Brief filed by Red Hat, Inc..(Egan, Brian) |
| May 5, 2020 | 128 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Objections and Responses to Sequoia Technology, LLC's Requests for Admissions (Nos. 1-7); (2) Objections and Responses to Sequoia Technology, LLC's Requests for Production of Documents (Nos. 1-12); and (3) Objections and Responses to Sequoia Technology, LLC's Notice of Rule 30(B)(6) Deposition of Hewlett Packard Enterprise Company filed by Hewlett Packard Enterprise Company.(Blumenfeld, Jack) |
| Apr 28, 2020 | 127 | Answer to Complaint (8) Docket Text: Plaintiff Red Hat's First Amended Answer to Defendant Sequoia Technology, LLC's Counterclaim. (Egan, Brian)(dlb) |
| Apr 24, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [111] SO ORDERED -- Motion for Leave to File First Amended Answer to Counterclaim -- filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 4/24/2020. (dlb) |
| Apr 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having received Defendant Electronics and Telecommunications Research Institute's Motion for Protective Order and Stay of Discovery Pending Motion to Dismiss, (D.I. 123; see also D.I. 124) (the "Motion"), HEREBY ORDERS that any party opposing the Motion may file an answering brief of not more than ten (10) double-spaced pages by May 7, 2020, and that Defendant may file a reply brief of not more than five (5) double-spaced pages by May 14, 2020. Ordered by Judge Christopher J. Burke on 4/24/2020. (dlb) |
| Apr 24, 2020 | 126 | Status Report (6) Docket Text: Interim STATUS REPORT (Joint) by Red Hat, Inc.. (Blumenfeld, Jack) |
| Apr 23, 2020 | 121 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Responses to Red Hats Second Set of Common Requests for Production of Documents (Nos. 44-75) and Sequoia Technology, LLCs Responses to Red Hats Second Set of Common Interrogatories (Nos. 11-16) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Apr 23, 2020 | 122 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Electronics and Telecommunications Research Institutes Responses to Red Hats First Set of Common Requests for Production of Documents (Nos. 1-43), Electronics and Telecommunications Research Institutes Responses to Red Hats First Set of Common Interrogatories (Nos. 1-10), Electronics and Telecommunications Research Institutes Responses to Red Hats Second Set of Common Requests for Production of Documents (Nos. 44-75), and Electronics and Telecommunications Research Institutes Responses to Red Hats Second Set of Common Interrogatories (Nos. 11-16) filed by Electronics and Telecommunications Research Institute.(Brauerman, Stephen) |
| Apr 23, 2020 | 123 | Motion for Protective Order (2) Docket Text: MOTION for Protective Order and Stay of Discovery Pending Motion to Dismiss - filed by Electronics and Telecommunications Research Institute. (Attachments: # (1) [Proposed] Order)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Apr 23, 2020 | 123 | [Proposed] Order (2) |
| Apr 23, 2020 | 124 | Opening Brief in Support (16) Docket Text: OPENING BRIEF in Support re [123] MOTION for Protective Order and Stay of Discovery Pending Motion to Dismiss filed by Electronics and Telecommunications Research Institute.Answering Brief/Response due date per Local Rules is 5/7/2020. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brauerman, Stephen) |
| Apr 23, 2020 | 124 | Exhibit A (22) |
| Apr 23, 2020 | 124 | Exhibit B (31) |
| Apr 21, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [120] STIPULATION TO EXTEND TIME to Provide the Court with an Interim Status Report to April 24, 2020 filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 4/21/2020. (dlb) |
| Apr 17, 2020 | 120 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to Provide the Court with an Interim Status Report to April 24, 2020 - filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Apr 14, 2020 | 119 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Requests for Admissions to Red Hat, Inc. (NOS. 1-16) and Sequoia Technology, LLCs First Requests for Inspection to Red Hat, Inc. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Apr 8, 2020 | 118 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Opening Claim Construction Brief filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Mar 31, 2020 | 116 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Hewlett Packard Enterprise Company on May 18, 2020 at 9:00am filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Mar 31, 2020 | 117 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Requests for Admissions to Hewlett Packard Enterprise Company (Nos. 1-7) and Sequoia Technology, LLCs Requests for Production of Documents to Hewlett Packard Enterprise Company (Nos. 1-12) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Mar 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [115] STIPULATION TO EXTEND TIME for (1) Substantial Completion of Document Production, (2) Submission of Technology Tutorials, and (3) Filing of Comments to Technology Tutorials to May 15, 2020; June 1, 2020; and June 8, 2020, respectively filed by Red Hat, Inc.. Ordered by Judge Christopher J. Burke on 3/27/2020. (dlb) |
| Mar 26, 2020 | 114 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Red Hat's Second Set of Common Interrogatories to Sequoia Technology LLC and Electronics and Telecommunications Research Institute (Nos. 11-16) and (2) Red Hat's Second Set of Common Requests for Production to Sequoia Technology, LLC and Electronics and Telecommunications Research Institute (Nos. 44-75) filed by Red Hat, Inc..(Egan, Brian) |
| Mar 26, 2020 | 115 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for (1) Substantial Completion of Document Production, (2) Submission of Technology Tutorials, and (3) Filing of Comments to Technology Tutorials to May 15, 2020; June 1, 2020; and June 8, 2020, respectively - filed by Red Hat, Inc.. (Egan, Brian) |
| Mar 16, 2020 | 113 | Claim Construction Chart (11) Docket Text: CLAIM Construction Chart by Sequoia Technology, LLC. (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)(Brauerman, Stephen) |
| Mar 16, 2020 | 113 | Exhibit A (16) |
| Mar 16, 2020 | 113 | Exhibit B (47) |
| Mar 16, 2020 | 113 | Exhibit C (29) |
| Mar 16, 2020 | 113 | Exhibit D (30) |
| Mar 16, 2020 | 113 | Exhibit E (46) |
| Mar 16, 2020 | 113 | Exhibit F (5) |
| Mar 16, 2020 | 113 | Exhibit G (7) |
| Mar 16, 2020 | 113 | Exhibit H (64) |
| Mar 16, 2020 | 113 | Exhibit I (38) |
| Mar 16, 2020 | 113 | Exhibit J (10) |
| Mar 16, 2020 | 113 | Exhibit K (42) |
| Mar 16, 2020 | 113 | Exhibit L (42) |
| Mar 5, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [112] MOTION for Pro Hac Vice Appearance of Attorney Anders P. Fjellstedt filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 3/5/2020. (dlb) |
| Mar 4, 2020 | 112 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Anders P. Fjellstedt - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian) |
| Mar 3, 2020 | 111 | Motion to Amend/Correct (5) Docket Text: Unopposed MOTION for Leave to File First Amended Answer to Counterclaim -- - filed by Red Hat, Inc.. (Attachments: # (1) Exhibit 1 - First Amended Answer to Counterclaims, # (2) Exhibit 2)Motions referred to Christopher J. Burke.(Egan, Brian) (Main Document 111 replaced on 3/4/2020) (dlb). (Attachment 1 replaced on 3/4/2020) (dlb). (Attachment 2 replaced on 3/4/2020) (dlb). Modified on 3/4/2020 (dlb). |
| Mar 3, 2020 | 111 | Exhibit 1 - First Amended Answer to Counterclaims (8) |
| Mar 3, 2020 | 111 | Exhibit 2 (11) |
| Feb 25, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [110] STIPULATION TO EXTEND TIME for the Parties to amend or supplement the pleadings (relates to C.A. No. 18-2027) to March 3, 2020 filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 2/25/2020. (dlb) |
| Feb 25, 2020 | 110 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the Parties to amend or supplement the pleadings (relates to C.A. No. 18-2027) to March 3, 2020 - filed by Red Hat, Inc.. (Egan, Brian) |
| Feb 19, 2020 | 109 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff and Counterclaim-Plaintiff Sequoia Technology, LLC's Supplemental Responses to Counterclaim-Defendant's First Set of Common Interrogatories (Nos. 1-10) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Feb 13, 2020 | 108 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff Red Hat, Inc.'s First Supplemental Objections and Responses to Defendant's Common Interrogatories (Nos. 1-13) filed by Red Hat, Inc..(Egan, Brian) |
| Feb 7, 2020 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: ORAL ORDER denying [97] Motion to Appear Pro Hac Vice without prejudice to be refiled upon payment of fees. Ordered by Judge Christopher J. Burke on 2/7/2020. (dlb) |
| Feb 5, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Due to a scheduling conflict, the Markman Hearing set for July 8, 2020 has been moved to July 29, 2020 at 11:00 AM in Courtroom 2A before the Honorable Christopher J. Burke. Ordered by Judge Christopher J. Burke on 2/5/2020. (dlb) |
| Feb 4, 2020 | 105 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat, Inc.'s Proposed Terms for Construction filed by Red Hat, Inc..(Egan, Brian) |
| Feb 3, 2020 | 103 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Appearance of Christopher Lee by Sequoia Technology, LLC (Brauerman, Stephen) |
| Feb 3, 2020 | 104 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff's Proposed Terms and Claim Elements for Construction filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jan 28, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before Thursday, February 13, 2020, by email to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, as well as opposing counsel, their clients interest in mediation and the timing when mediation is preferred with a very brief explanation why. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/28/20. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(cak) |
| Jan 23, 2020 | 100 | Notice to Take Deposition (6) Docket Text: NOTICE to Take Deposition of Red Hat, Inc. on February 25, 2020 at 9:00 a.m. filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jan 23, 2020 | 101 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Defendant and Counterclaim Plaintiff's Rule 26(a) Initial Disclosures filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jan 16, 2020 | 99 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding request for oral argument - re [81] MOTION to Dismiss Plaintiff's First Amended Complaint . (Blumenfeld, Jack) |
| Jan 9, 2020 | 97 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christopher Lee - filed by Sequoia Technology, LLC. (Attachments: # (1) Certification of Christopher Lee)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Jan 9, 2020 | 97 | Certification of Christopher Lee (1) |
| Dec 23, 2019 | 93 | Redacted Document (28) Docket Text: REDACTED VERSION of [88] Answering Brief in Opposition by Red Hat, Inc.. (Egan, Brian) |
| Dec 23, 2019 | 94 | Redacted Document (3) Docket Text: REDACTED VERSION of [89] Declaration of Abigail L. Litow -- by Red Hat, Inc.. (Attachments: # (1) Exhibits 1-11)(Egan, Brian) |
| Dec 23, 2019 | 94 | Exhibits 1-11 (40) |
| Dec 23, 2019 | 95 | Redacted Document (4) Docket Text: REDACTED VERSION of [90] Declaration of Thomas J. Bowman, Jr. -- by Red Hat, Inc.. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Dec 23, 2019 | 95 | Exhibit A (2) |
| Dec 23, 2019 | 96 | Redacted Document (4) Docket Text: REDACTED VERSION of [91] Declaration of Thomas Miranda -- by Red Hat, Inc.. (Attachments: # (1) Exhibit A)(Egan, Brian) |
| Dec 23, 2019 | 96 | Exhibit A (2) |
| Dec 20, 2019 | 92 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Red Hat Inc.'s Initial Invalidity Contentions filed by Red Hat, Inc..(Egan, Brian) |
| Dec 11, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [87] Stipulation to Stay claims Against International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 12/11/2019. (dlb) |
| Dec 10, 2019 | 87 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order to Stay Claims Against International Business Machines Corporation by International Business Machines Corporation. (Blumenfeld, Jack) |
| Dec 4, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [86] STIPULATION TO EXTEND TIME (1) for Plaintiff Red Hat, Inc. to file its answering brief in opposition to Electronics and Telecommunications Research Institute's November 22, 2019 Motion to Dismiss; and (2) for Electronics and Telecommunications Re filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 12/4/2019. (dlb) |
| Dec 3, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The Stipulation filed on 12/2 at D.I. 81 has been removed from the docket to be refiled after the Motion to Dismiss and related filings are entered on this docket. (The motion was improperly docketed, per the Court's consolidation order, in the member case and removed to be refiled in the lead case docket.) (dlb) |
| Dec 3, 2019 | 81 | Motion for Miscellaneous Relief (2) Docket Text: MOTION to Dismiss Plaintiff's First Amended Complaint - filed by Electronics and Telecommunications Research Institute. (Attachments: # (1) [Proposed] Order)Motions referred to Christopher J. Burke.(Brauerman, Stephen) |
| Dec 3, 2019 | 81 | [Proposed] Order (2) |
| Dec 3, 2019 | 83 | Declaration (4) Docket Text: DECLARATION re [81] MOTION to Dismiss Plaintiff's First Amended Complaint / Declaration of Si-Hyung Kim by Electronics and Telecommunications Research Institute. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Dec 3, 2019 | 83 | Exhibit A (2) |
| Dec 3, 2019 | 85 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Electronics and Telecommunications Research Institute. (Brauerman, Stephen) |
| Dec 3, 2019 | 86 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME (1) for Plaintiff Red Hat, Inc. to file its answering brief in opposition to Electronics and Telecommunications Research Institute's November 22, 2019 Motion to Dismiss; and (2) for Electronics and Telecommunications Research Institute to file its reply brief in support of its Motion to Dismiss to December 16, 2019 and January 10, 2020, respectively - filed by Red Hat, Inc.. (Egan, Brian) |
| Nov 25, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In light of the stay entered as to certain Defendants in these consolidated cases, (October 17, 2019 Oral Order in Civil Action No. 18-1127-LPS-CJB), it is hereby ORDERED that those Defendants' motions to dismiss (D.I. 32 in Civil Action No. 18-1127-LPS-CJB; D.I. 29 in Civil Action No. 18-1128-LPS-CJB; D.I. 26 in Civil Action No. 18-1129-LPS-CJB; D.I. 31 in Civil Action No. 18-1307-MN-CJB) are DENIED without prejudice to those Defendants' ability to renew the respective motions if and when the stay is lifted. Ordered by Judge Christopher J. Burke on 11/25/2019. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB(dlb). Ordered by Judge Christopher J. Burke on 11/25/2019. (dlb) |
| Nov 20, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [79] STIPULATION TO EXTEND TIME for International Business Machines Corporation to respond to Sequoia Technology, LLC's counterclaims to December 10, 2019 filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 11/20/2019. (dlb) |
| Nov 19, 2019 | 79 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for International Business Machines Corporation to respond to Sequoia Technology, LLC's counterclaims to December 10, 2019 - filed by International Business Machines Corporation. (Blumenfeld, Jack) |
| Nov 18, 2019 | 77 | Protective Order (30) Docket Text: Joint PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 11/18/2019. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb) |
| Nov 18, 2019 | 78 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLCs Disclosures Pursuant to District of Delaware Default Standard for Discovery Paragraph 4(c) or 7(c) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Nov 17, 2019 | 76 | Transcript (56) Docket Text: Official Transcript of Motion to Stay Hearing held on October 16, 2019 before Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/18/2019. Release of Transcript Restriction set for 2/17/2020. (bpg) |
| Nov 14, 2019 | 75 | Proposed Order (30) Docket Text: Joint PROPOSED ORDER / [Proposed] Protective Order Regarding the Disclosure and Use of Discovery Materials by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Nov 13, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [74] MOTION for Pro Hac Vice Appearance of Attorney Hersh Mehta and Maria E. Doukas filed by Hewlett Packard Enterprise Company, EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 11/13/2019. (dlb) |
| Nov 13, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Hersh H. Mehta, and Maria E. Doukas for Hewlett Packard Enterprise Company 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. (sam) |
| Nov 12, 2019 | 74 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Hersh Mehta and Maria E. Doukas - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company. Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
| Nov 4, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [73] MOTION for Extension of Time to Respond to First Amended Complaint (Unopposed) filed by Red Hat, Inc. Ordered by Judge Christopher J. Burke on 11/4/2019. (mlc) |
| Nov 1, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [70] Joint STIPULATION TO EXTEND TIME to File Protective Order to November 14, 2019 filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb) |
| Nov 1, 2019 | 72 | Notice (Other) (3) Docket Text: NOTICE of Notice of Related IPR Decision by Sequoia Technology, LLC (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Nov 1, 2019 | 72 | Exhibit A (10) |
| Nov 1, 2019 | 73 | Motion for Extension of Time (1) Docket Text: MOTION for Extension of Time to Respond to First Amended Complaint (Unopposed) - filed by Red Hat, Inc.. Motions referred to Christopher J. Burke.(Egan, Brian) |
| Oct 31, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [69] STIPULATION TO EXTEND TIME to Respond to Plaintiff's Counterclaims to November 20, 2019 filed by International Business Machines Corporation. Ordered by Judge Christopher J. Burke on 10/31/2019. (dlb) |
| Oct 31, 2019 | 70 | Stipulation to EXTEND Time (3) Docket Text: Joint STIPULATION TO EXTEND TIME to File Protective Order to November 14, 2019 - filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Oct 31, 2019 | 71 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Plaintiff and Counterclaim-Plaintiff Sequoia Technology, LLCs Responses to Defendants and Counterclaim-Defendants First Set of Common Requests for Production (Nos. 1-43); (2) Plaintiff and Counterclaim-Plaintiff Sequoia Technology, LLCs Responses To Defendants and Counterclaim-Defendants First Set of Common Interrogatories (Nos. 1-10); and (3) this Notice of Service filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Oct 30, 2019 | 69 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to Respond to Plaintiff's Counterclaims to November 20, 2019 - filed by International Business Machines Corporation. (Blumenfeld, Jack) |
| Oct 17, 2019 | N/A | Order on Motion to Stay (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' Motion to Stay Pending the Outcome of the Red Hat Action ("Motion"), (D.I. 43), the parties' briefing related thereto, (D.I. 44; D.I. 54; D.I. 62) and having heard oral argument on the Motion, hereby ORDERS that the Motion is GRANTED and that the case as to claims against customer-Defendants Dell, Inc.; Dell Technologies, Inc.; EMC Corp.; Hewlett Packard Enterprise Co.; Hitachi Vantara Corp., Hitachi Ltd.; and Super Micro Computer, Inc. is STAYED. Based on the record before it, the Court concludes: (1) This case, and the infringement-related arguments as to the asserted claims in the case, will be predominantly (if not overwhelmingly) about the use and functionality of allegedly infringing software manufactured by Red Hat (and not as to the use and functionality of allegedly infringing hardware). For example, it is very likely that a substantial portion of the direct infringement analysis in Red Hat, Inc. v. Sequoia Technology, LLC, Civil Action No. 18-2027-LPS-CJB, ("the Red Hat Action") and the customer-Defendant matters (Civil Action Nos. 18-1127-LPS-CJB, 18-1128-LPS-CJB, 18-1129-LPS-CJB, and 18-1307-LPS-CJB) will be focused on how the accused Red Hat LVM software works, and not how any associated server-related hardware works. (D.I. 62 at 1; '436 patent, claim 1); and (2) Nearly all of the many accused products in the case utilize the Red Hat LVM software, and it does not appear that such software is thereafter altered when found on the relevant accused operating systems, including systems manufactured by other Linux-distributing competitors to Red Hat (e.g., Ubuntu, CentOS, and SUSE) that are utilized with the customer-Defendants' products. (D.I. 62 at 2, 7; D.I. 45 at para. 5; D.I. 46 at para. 4; D.I. 47 at para. 4; D.I. 48 at para. 4; D.I. 63 at paras. 4-6) With these conclusions in mind, the three traditional stay-related factors all support a stay. With regard to the simplification factor, litigation as to infringement or the validity of the '436 patent in the Red Hat Action, combined with the customer-Defendants' agreement to be bound by these findings, (D.I. 62 at 7-8), has the potential to resolve all or nearly all of the customer-Defendants' cases. With regard to the timing factor, the Motion is brought at an early stage of the case, as a case schedule has only recently been entered. And as to the undue prejudice factor, a stay should not unduly prejudice Plaintiff, as Plaintiff and the customer-Defendants are not competitors, and Plaintiff appears to have waited quite some time to bring the lawsuits at issue. (D.I. 44 at 13) The three customer-suit-related factors also all support a stay. With regard to whether the customer-Defendants are mere "resellers" of the products in dispute, as to the key LVM software functionality (which, as noted above, appears to be largely what is at issue as to the accused products), the record suggests that it is appropriate to consider the customer-Defendants to be mere resellers (since they do not alter that software before sending it downstream). (D.I. 62 at 6-7; see also D.I. 45; D.I. 46, D.I 47; D.I. 48) As to whether the customer-Defendants have agreed to be bound in all material ways by any decision in the Red Hat Action, here they have. (D.I. 62 at 7-8) And as to whether Red Hat is the "sole source" of the infringing products, when it comes to the key LVM software at issue in nearly all the accused products, it is. (Id. at 10; D.I. 63 at para. 5). Ordered by Judge Christopher J. Burke on 10/17/2019. (dlb) |
| Oct 16, 2019 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 10/16/2019. The Court heard the parties' arguments regarding Defendants' Motion to Stay Pending the Outcome of the Red Hat Action, (D.I. 43). The Court took the matter under advisement. (Clerk, Schwerin) APPEARANCES: Stephen Brauerman, John Lord and Deepali Brahmbhatt for Plaintiff; Jack Blumenfeld and Brian Egan for Defendants; Todd Friedman, Ed Donovan and Abigail Litow for defendants IBM and Red Hat; Tom Brown, David Kuznick, and B. Haskell for defendant Dell; and David Perry for defendant Red Hat. (Court Reporter, Brian Gaffigan) (dlb) |
| Oct 15, 2019 | 68 | Redacted Document (4) Docket Text: REDACTED VERSION of (48 in 1:18-cv-01127-LPS-CJB, 42 in 1:18-cv-01129-LPS-CJB, 45 in 1:18-cv-01128-LPS-CJB, 47 in 1:18-cv-01307-LPS-CJB) Declaration, by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. (Egan, Brian) |
| Oct 11, 2019 | 67 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLC's Disclosures Pursuant to Scheduling Order Paragraph 7(a) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Oct 7, 2019 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendants' October 3, 2019, letter requesting oral argument on their pending motion to stay, (D.I. 43), HEREBY ORDERS that the Court will hear argument during a teleconference to be held on 10/16/2019 at 1:00 pm EDT, with Defendants' counsel to initiate the call. The Court will allocate 1 hour for the telephonic argument, with time to be split evenly between the sides. Ordered by Judge Christopher J. Burke on 10/7/2019. (dlb) |
| Oct 3, 2019 | 65 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding request for oral argument - re [43] MOTION to Stay Pending the Outcome of the Red Hat Action. (Blumenfeld, Jack) |
| Oct 2, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Corrected brief added to D.I. 62 per request of counsel. (ntl) |
| Oct 2, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Corrected declaration added to D.I. 63 per request of counsel. (ntl) |
| Oct 2, 2019 | 64 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) Defendants' and Counterclaim Defendant's First Set of Common Requests for Production to Plaintiff and Counterclaim Plaintiff Sequoia Technology, LLC (Nos. 1-43); and (2) Defendants' and Counterclaim Defendant's First Set of Common Interrogatories to Plaintiff and Counterclaim Plaintiff Sequoia Technology, LLC (Nos. 1-10) filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, Hitachi Ltd., Hitachi Vantara Corporation, Red Hat, Inc., Super Micro Computer, Inc..(Blumenfeld, Jack) |
| Oct 1, 2019 | N/A | Case Referred to Mediation (0) Docket Text: CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(cak) |
| Oct 1, 2019 | 61 | Scheduling Order (20) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/25/2020. Amended Pleadings due by 2/25/2020. Discovery due by 11/20/2020. Status Report due by 4/17/2020. Dispositive Motions due by 2/26/2021. A Motion Hearing is set for 4/27/2021 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark A Markman Hearing is set for 7/8/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Trial Sequencing Conference is set for 6/1/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Final Pretrial Conference is set for 7/30/2021 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/9/2021 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Christopher J. Burke on 10/1/2019. (dlb) |
| Oct 1, 2019 | 62 | Reply Brief (16) Docket Text: REPLY BRIEF re [43] MOTION to Stay Pending the Outcome of the Red Hat Action filed by Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, Hitachi Ltd., Hitachi Vantara Corporation, Red Hat, Inc., Super Micro Computer, Inc.. (Egan, Brian) (Main Document 62 replaced on 10/2/2019) (ntl). |
| Oct 1, 2019 | 63 | Declaration (5) Docket Text: DECLARATION re [62] Reply Brief, -- Declaration of Alasdair G. Kergon -- by Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, Hitachi Ltd., Hitachi Vantara Corporation, Red Hat, Inc.. (Attachments: # (1) Exhibits C-F)(Egan, Brian) (Main Document 63 replaced on 10/2/2019) (ntl). |
| Oct 1, 2019 | 63 | Exhibits C-F (33) |
| Sep 30, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [58] STIPULATION TO EXTEND TIME (1) for the defendants to file their reply brief in support of their motion to stay and (2) for Plaintiff to file its Answer and Response to Red Hat's First Amended Declaratory Judgment Complaint in C.A. No. 18-2027 to filed by Red Hat, Inc., Super Micro Computer, Inc., Hewlett Packard Enterprise Company, EMC Corporation, Dell, Inc., Hitachi Vantara Corporation, Hitachi Ltd., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 9/30/2019. (dlb) |
| Sep 27, 2019 | 58 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME (1) for the defendants to file their reply brief in support of their motion to stay and (2) for Plaintiff to file its Answer and Response to Red Hat's First Amended Declaratory Judgment Complaint in C.A. No. 18-2027 to October 1, 2019 - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, Hitachi Ltd., Hitachi Vantara Corporation, Red Hat, Inc., Super Micro Computer, Inc.. (Blumenfeld, Jack) |
| Sep 27, 2019 | 59 | Proposed Order (20) Docket Text: Joint PROPOSED ORDER / [Proposed] Scheduling Order by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Sep 24, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In light of the parties' joint letter of September 13, 2019, (D.I. 15), in Red Hat, Inc. v. Sequoia Technology, LLC, Civil Action No. 18-2027-LPS-CJB, (also known as the "Red Hat Action") it is hereby ORDERED that this action be consolidated for all pretrial purposes with the Red Hat Action. (Associated Cases: Civil Action No. 18-1127-LPS-CJB, 18-1128-LPS-CJB, 18-1129-LPS-CJB, 18-1307-LPS-CJB, and 18-2027-LPS-CJB). Civil Action No. 18-1127-LPS-CJB has been designated as the lead case. All future documents shall be filed in the lead case only. Ordered by Judge Christopher J. Burke on 9/24/2019. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB(dlb) |
| Sep 24, 2019 | 57 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Fish & Richardson P.C., Attorneys Susan E. Morrison, Adam J. Kessel, and Whitney Reichel by Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation (Morrison, Susan) |
| Sep 23, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke Case Management Conference held on 9/23/2019. Counsel for Plaintiff were ORDERED to submit, by close of business on 9/27/2019, a revised scheduling order that incorporates the Courts deadlines. (Clerk, Schwerin) APPEARANCES: S. Brauerman, D. Brahmbhatt, and J. Lord for Plaintiff; J. Blumenfeld, J. Tigan, and B. Egan for Defendants and Red Hat; T. Friedman and E. Donovan for Defendants Hitachi, Hewlett Packard, and Red Hat; P. Sauer and J. Brogan for Defendant Super Micro; T. Brown and G. Gloscow for Defendant Dell. (Court Reporter, Valerie Gunning) Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb) |
| Sep 20, 2019 | 54 | Answering Brief in Opposition (25) Docket Text: ANSWERING BRIEF in Opposition re [43] MOTION to Stay Pending the Outcome of the Red Hat Action filed by Sequoia Technology, LLC.Reply Brief due date per Local Rules is 9/27/2019. (Brauerman, Stephen) |
| Sep 20, 2019 | 55 | Declaration (5) Docket Text: DECLARATION re (54 in 1:18-cv-01307-LPS-CJB) Answering Brief in Opposition John E. Lord by Sequoia Technology, LLC. (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)(Brauerman, Stephen) |
| Sep 20, 2019 | 55 | Exhibit A (49) |
| Sep 20, 2019 | 55 | Exhibit B (5) |
| Sep 20, 2019 | 55 | Exhibit C (4) |
| Sep 20, 2019 | 55 | Exhibit D (8) |
| Sep 20, 2019 | 55 | Exhibit E (5) |
| Sep 20, 2019 | 55 | Exhibit F (15) |
| Sep 20, 2019 | 55 | Exhibit G (3) |
| Sep 20, 2019 | 55 | Exhibit H (4) |
| Sep 20, 2019 | 55 | Exhibit I (13) |
| Sep 20, 2019 | 55 | Exhibit J (4) |
| Sep 20, 2019 | 55 | Exhibit K (23) |
| Sep 20, 2019 | 55 | Exhibit L (34) |
| Sep 19, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The Case Management/Scheduling Conference ("CMC") will be held on Monday, September 23, 2019 at 12:00 noon. The entry today setting a CMC was an error and has been removed. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB(dlb) |
| Sep 19, 2019 | 53 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Jeremy A. Tigan on behalf of Dell Technologies, Inc., Dell, Inc., EMC Corporation (Tigan, Jeremy) |
| Sep 18, 2019 | 51 | Letter (3) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Stephen B. Brauerman regarding Case Management. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brauerman, Stephen) |
| Sep 18, 2019 | 51 | Exhibit A (1) |
| Sep 18, 2019 | 51 | Exhibit B (4) |
| Sep 18, 2019 | 52 | Proposed Order (21) Docket Text: Joint PROPOSED ORDER / [Proposed] Scheduling Order by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Sep 11, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB, 1:18-cv-02027-LPS-CJB (rjb) |
| Sep 11, 2019 | 50 | Notice (Other) (3) Docket Text: NOTICE of Supplemental Authority by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation (Attachments: # (1) Exhibit A)(Blumenfeld, Jack) |
| Sep 11, 2019 | 50 | Exhibit A (15) |
| Sep 10, 2019 | N/A | Order Setting Scheduling Conference (0) Docket Text: The Court hereby ORDERS as follows: (1) By 9/13/2019, the parties in each of these cases shall jointly inform the Court whether they agree that the Red Hat, Inc. v. Sequoia Tech., LLC action (Civil Action No. 18-2027-MN-CJB) should be consolidated with the other four related actions (Civil Action Nos. 18-1127-MN-CJB; 18-1128-MN-CJB; 18-1129-MN-CJB; 18-1307-MN-CJB) for some or all pretrial purposes. (2) If the parties agree to consolidation, they shall jointly file with the Court by 9/18/2019 a proposed Scheduling Order for the consolidated actions and a joint letter, no longer than three single-spaced pages, outlining any remaining disputes about the substance of that Order. (3) If the parties disagree on consolidation, they shall file with the Court by 9/18/2019 a joint letter, no longer than three single-spaced pages, presenting their respective positions on consolidation and their views on how those positions affect the type of scheduling order(s) the Court should enter in the cases. (4) On 9/23/2019 at 12:00 pm, the parties in all five cases shall participate in a telephonic case management conference for the cases. Ordered by Judge Christopher J. Burke on 9/9/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB, 1:18-cv-02027-MN-CJB(dlb) |
| Sep 9, 2019 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: Attachments (Exhibits A-B) added to D.I. 44 (dlb) |
| Sep 9, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke Case Management Conference held on 9/9/2019. The Court discussed the schedule ant the posture of these related cases with regards to the Red Hat related case (18-2027-MN-CJB). The Court intends to issue an Oral Order in this regard. (Clerk, Schwerin) APPEARANCES: Stephen Brauerman, John Lord and Deepali Brahmbhatt for Plaintiff; Jack Blumenfeld for Defendants, Todd Friedman and Ed Donovan for defendants Hitachi and Super Micro Computer and Peter Sauer for Defendant Super Micro Computer. (Court Reporter Stacey Ingram (Hawkins)) Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Sep 6, 2019 | 41 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Jack B. Blumenfeld on behalf of Dell Technologies, Inc., Dell, Inc., EMC Corporation (Blumenfeld, Jack) |
| Sep 6, 2019 | 42 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Sequoia Technology, LLC's Disclosures Pursuant to Scheduling Order Paragraph 7(a) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Sep 6, 2019 | 43 | Motion to Stay (4) Docket Text: MOTION to Stay Pending the Outcome of the Red Hat Action - filed by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. Motions referred to Christopher J. Burke.(Blumenfeld, Jack) |
| Sep 6, 2019 | 44 | Opening Brief in Support (24) Docket Text: OPENING BRIEF in Support re [43] MOTION to Stay Pending the Outcome of the Red Hat Action filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation.Answering Brief/Response due date per Local Rules is 9/20/2019. (Blumenfeld, Jack) (Additional attachment(s) added on 9/9/2019: # (1) Exhibits A-B) (dlb). |
| Sep 6, 2019 | 44 | Exhibits A-B (59) |
| Sep 6, 2019 | 45 | Declaration (4) Docket Text: DECLARATION re (40 in 1:18-cv-01128-MN-CJB, 37 in 1:18-cv-01129-MN-CJB, 42 in 1:18-cv-01307-MN-CJB, 43 in 1:18-cv-01127-MN-CJB) MOTION to Stay Pending the Outcome of the Red Hat Action-- Declaration of Gordon Bookless -- by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. (Blumenfeld, Jack) |
| Sep 6, 2019 | 46 | Declaration (4) Docket Text: DECLARATION re (40 in 1:18-cv-01128-MN-CJB, 37 in 1:18-cv-01129-MN-CJB, 42 in 1:18-cv-01307-MN-CJB, 43 in 1:18-cv-01127-MN-CJB) MOTION to Stay Pending the Outcome of the Red Hat Action-- Declaration of Seth Goodling -- by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. (Blumenfeld, Jack) |
| Sep 6, 2019 | 47 | Declaration (4) Docket Text: DECLARATION re (40 in 1:18-cv-01128-MN-CJB, 37 in 1:18-cv-01129-MN-CJB, 42 in 1:18-cv-01307-MN-CJB, 43 in 1:18-cv-01127-MN-CJB) MOTION to Stay Pending the Outcome of the Red Hat Action-- Declaration of Lawrence Lam -- by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. (Blumenfeld, Jack) |
| Sep 3, 2019 | 39 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Defendants' Rule 26(a)(1) and Paragraph 3 Initial Disclosures; (2) Defendants Dell, Inc., Dell Technologies, Inc. and EMC Corporation's Objections and Responses to Plaintiff's First Set of Requests for Production of Documents (Nos. 1-41); and (3) Defendants Dell, Inc., Dell Technologies, Inc. and EMC Corporation's Objections and Responses to Plaintiff's Common Interrogatories to Defendants (Nos. 1-10) filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation.(Morrison, Susan) |
| Sep 3, 2019 | 40 | Reply Brief (15) Docket Text: REPLY BRIEF re [32] MOTION to Dismiss for Failure to State a Claim filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Aug 30, 2019 | 37 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Plaintiff's Rule 26(a) Initial Disclosures filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Aug 30, 2019 | 38 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Denali Intermediate for Dell, Inc.; Corporate Parent Dell Inc. for EMC Corporation filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Aug 27, 2019 | 36 | Answering Brief in Opposition (21) Docket Text: ANSWERING BRIEF in Opposition re [32] MOTION to Dismiss for Failure to State a Claim filed by Sequoia Technology, LLC.Reply Brief due date per Local Rules is 9/3/2019. (Brauerman, Stephen) |
| Aug 23, 2019 | 35 | Disclosure Statement (2) Docket Text: Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Golden Wave Partners Co. Ltd. for Sequoia Technology, LLC filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Aug 16, 2019 | N/A | Order Setting Scheduling Conference (0) Docket Text: Oral Order Setting Telephonic Case Management/Scheduling Conference: A Case Management/Scheduling Conference is set for 9/9/2019 at 01:30 PM before Judge Christopher J. Burke. Counsel for Plaintiff shall initiate the call. Ordered by Judge Christopher J. Burke on 8/16/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Aug 13, 2019 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: (31 in 1:18-cv-01307-MN-CJB) MOTION to Dismiss for Failure to State a Claim , (29 in 1:18-cv-01128-MN-CJB) MOTION to Dismiss for Failure to State a Claim , (32 in 1:18-cv-01127-MN-CJB) MOTION to Dismiss for Failure to State a Claim , (26 in 1:18-cv-01129-MN-CJB) MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.Associated Cases: 1:18-cv-01307-MN-CJB, 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB(dlb) |
| Aug 13, 2019 | 31 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Stephen B. Brauerman regarding Scheduling Checklist. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Brauerman, Stephen) |
| Aug 13, 2019 | 31 | Exhibit A (21) |
| Aug 13, 2019 | 31 | Exhibit B (4) |
| Aug 13, 2019 | 32 | Motion to Dismiss for Failure to State a Claim (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Attachments: # (1) Text of Proposed Order)(Morrison, Susan) |
| Aug 13, 2019 | 32 | Text of Proposed Order (1) |
| Aug 13, 2019 | 33 | Opening Brief in Support (23) Docket Text: OPENING BRIEF in Support re [32] MOTION to Dismiss for Failure to State a Claim filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation.Answering Brief/Response due date per Local Rules is 8/27/2019. (Morrison, Susan) |
| Aug 6, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (24 in 1:18-cv-01129-MN-CJB, 30 in 1:18-cv-01127-MN-CJB, 27 in 1:18-cv-01128-MN-CJB, 29 in 1:18-cv-01307-MN-CJB) STIPULATION TO EXTEND TIME deadline to file proposed Scheduling Order, Checklist and Letter to August 13, 2019 filed by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, EMC Corporation, Dell, Inc., Hitachi Vantara Corporation, Hitachi Ltd., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 8/6/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Aug 6, 2019 | 30 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME deadline to file proposed Scheduling Order, Checklist and Letter to August 13, 2019 - filed by Super Micro Computer, Inc., Hewlett Packard Enterprise Company, Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hitachi Ltd., Hitachi Vantara Corporation. (Morrison, Susan) |
| Jul 31, 2019 | 29 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Common Interrogatories to Defendants (Nos. 1-10) and Requests for Production of Documents to Defendants (Nos. 1-41) filed by Sequoia Technology, LLC.(Brauerman, Stephen) |
| Jul 30, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' joint status report, (D.I. 25 in Civil Action No. 18-1127-MN-CJB; D.I.19 in Civil Action No. 18-1129-MN-CJB; D.I. 22 in Civil Action No. 18-1128-MN-CJB; D.I. 23 in Civil Action No. 18-1307-MN-CJB), ORDERS that Plaintiff's interpretation of the current stay order is correct, that the stay is hereby LIFTED, and that by no later than August 6, 2019, the parties shall jointly file: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burke's Rule 16 Scheduling Order Patent up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order - Non-ANDA" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference. Ordered by Judge Christopher J. Burke on 7/30/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Jul 22, 2019 | 27 | Status Report (6) Docket Text: Joint STATUS REPORT by Dell, Inc., EMC Corporation. (Attachments: # (1) Exhibit 1-3)(Morrison, Susan) |
| Jul 22, 2019 | 27 | Exhibit 1-3 (94) |
| Apr 16, 2019 | N/A | Order on Motion to Dismiss/Failure to State Claim (0) Docket Text: ORAL ORDER: In light of the stay entered in this case, it is hereby ORDERED that Defendants' motions to dismiss (D.I. 16 in 18-1127-MN-CJB; D.I. 15 in 18-1128-MN-CJB; D.I. 12 in 18-1129-MN-CJB; D.I. 14 in 18-1307-MN-CJB) are DENIED without prejudice toDefendants' ability to renew the respective motions if and when the stay is lifted. Ordered by Judge Christopher J. Burke on 4/16/2019. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Jan 14, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (25 in 1:18-cv-01127-MN-CJB)(19 in 1:18-cv-01129-MN-CJB)(22 in 1:18-cv-01128-MN-CJB)(23 in 1:18-cv-01307-MN-CJB) Stipulation Staying litigation. Ordered by Judge Christopher J. Burke on 1/14/2018. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Jan 11, 2019 | 25 | Stipulation (2) Docket Text: Joint STIPULATION Staying litigation by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Dec 27, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (21 in 1:18-cv-01128-MN-CJB) (24 in 1:18-cv-01127-MN-CJB) (18 in 1:18-cv-01129-MN-CJB) STIPULATION TO EXTEND TIME to file Checklist and Proposed Scheduling Order to January 11, 2019. Ordered by Judge Christopher J. Burke on 12/27/2018. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB(dlb) |
| Dec 21, 2018 | 24 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to file Checklist and Proposed Scheduling Order to January 11, 2019 - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Dec 3, 2018 | 23 | Reply Brief (15) Docket Text: REPLY BRIEF re [16] MOTION to Dismiss for Failure to State a Claim filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Nov 27, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [22] MOTION for Pro Hac Vice Appearance of Attorney Thomas A. Brown filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 11/27/2018. (dlb) |
| Nov 21, 2018 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Nov 21, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Judge Burkes Case Management Checklist (Checklist). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the Checklist, indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order, which is consistent with Judge Burkes Rule 16 Scheduling Order Patent up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order - Non-ANDA (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties positions regarding any disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court may schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Burke. The Checklist and both Scheduling Orders can be found on Judge Burke's/Judge Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 11/21/2018. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB(dlb) |
| Nov 21, 2018 | 22 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Thomas A. Brown - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Nov 20, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [21] STIPULATION TO EXTEND TIME to File Reply Brief on Motion to Dismiss to December 3, 2018 filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 11/20/2018. (dlb) |
| Nov 19, 2018 | N/A | Oral Order (0) Docket Text: ORAL ORDER REFERRING CASES (Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB) to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above-captioned cases are referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. All subsequent filings in these action shall be captioned as follows: Civil Action No. 18-1127-MN-CJB, 18-1128-MN-CJB, 18-1129-MN-CJB, and 18-1307-MN-CJB. ORDERED by Judge Maryellen Noreika on 11/19/2018. (dlw) |
| Nov 19, 2018 | 21 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to File Reply Brief on Motion to Dismiss to December 3, 2018 - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Nov 16, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:18-cv-01127-MN-CJB, 1:18-cv-01128-MN-CJB, 1:18-cv-01129-MN-CJB, 1:18-cv-01307-MN-CJB (rjb) |
| Nov 15, 2018 | 19 | Answering Brief in Opposition (21) Docket Text: ANSWERING BRIEF in Opposition re [16] MOTION to Dismiss for Failure to State a Claim filed by Sequoia Technology, LLC.Reply Brief due date per Local Rules is 11/23/2018. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Brauerman, Stephen) |
| Nov 15, 2018 | 19 | Exhibit A (4) |
| Nov 15, 2018 | 19 | Exhibit B (9) |
| Nov 15, 2018 | 19 | Exhibit C (7) |
| Nov 15, 2018 | 19 | Exhibit D (19) |
| Nov 9, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Whitney Reichel for Dell Technologies, Inc., Dell, Inc., EMC 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. (lak) |
| Nov 5, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [18] MOTION for Pro Hac Vice Appearance of Attorney Whitney A. Reichel filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 11/5/2018. (dlb) |
| Nov 2, 2018 | 18 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Whitney A. Reichel - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Nov 1, 2018 | N/A | Motions Referred (0) Docket Text: MOTION REFERRED: [16] MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb) |
| Nov 1, 2018 | 16 | Motion to Dismiss for Failure to State a Claim (1) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Attachments: # (1) Text of Proposed Order)(Morrison, Susan) |
| Nov 1, 2018 | 16 | Text of Proposed Order (1) |
| Nov 1, 2018 | 17 | Opening Brief in Support (22) Docket Text: OPENING BRIEF in Support re [16] MOTION to Dismiss for Failure to State a Claim filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation.Answering Brief/Response due date per Local Rules is 11/15/2018. (Morrison, Susan) |
| Oct 30, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Adam J. Kessel for Dell Technologies, Inc., Dell, Inc., EMC 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. (crb) |
| Oct 29, 2018 | 15 | Affidavit of Service (2) Docket Text: AFFIDAVIT of Service for Summons and Complaint served on EMC Corporation AKA Dell EMC on August 27, 2018, filed by Sequoia Technology, LLC. (Attachments: # (1) Exhibit A)(Brauerman, Stephen) |
| Oct 29, 2018 | 15 | Exhibit A (2) |
| Oct 26, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (14 in 1:18-cv-01127-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Adam Kessel filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc., and D.I.(13 in 1:18-cv-01128-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Adam Kessel filed by Hewlett Packard Enterprise Company. Ordered by Judge Christopher J. Burke on 10/26/2018. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB(dlb) |
| Oct 26, 2018 | 14 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam Kessel - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Oct 16, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [13] Joint MOTION for Extension of Time to File Answer re [1] Complaint, filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 10/16/2018. (dlb) |
| Oct 16, 2018 | 12 | Notice of Substitution of Counsel (1) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Dell Technologies, Inc., Dell, Inc., EMC Corporation: Entry of appearance of attorney Susan E. Morrison. Attorney Morris Nichols Arsht & Tunnell - Jack B. Blumenfeld, Jeremy A. Tigan terminated. (Morrison, Susan) |
| Oct 16, 2018 | 13 | Motion for Extension of Time to File Answer (1) Docket Text: Joint MOTION for Extension of Time to File Answer re [1] Complaint, - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Morrison, Susan) |
| Oct 3, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [11] STIPULATION TO EXTEND TIME for defendant EMC Corporation to respond to the complaint to October 17, 2018 filed by EMC Corporation, Dell, Inc., Dell Technologies, Inc. Ordered by Judge Christopher J. Burke on 10/3/2018. (dlb) |
| Oct 3, 2018 | 11 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendant EMC Corporation to respond to the complaint to October 17, 2018 - filed by Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Blumenfeld, Jack) |
| Sep 25, 2018 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Nate Dilger, Deepali Brahmbhatt, and John E. Lord for Sequoia Technology, LLC 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. Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB(ceg) |
| Sep 20, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (9 in 1:18-cv-01129-LPS-CJB, 9 in 1:18-cv-01307-LPS-CJB, 9 in 1:18-cv-01128-LPS-CJB, 10 in 1:18-cv-01127-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Deepali Brahmbhatt, Nate Dilger, and John Lord filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 9/20/20118.Associated Cases: 1:18-cv-01127-LPS-CJB, 1:18-cv-01128-LPS-CJB, 1:18-cv-01129-LPS-CJB, 1:18-cv-01307-LPS-CJB(dlb) |
| Sep 19, 2018 | 10 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Deepali Brahmbhatt, Nate Dilger, and John Lord - filed by Sequoia Technology, LLC. (Attachments: # (1) Certification of Deepali Brahmbhatt, # (2) Certification of Nate Dilger, # (3) Certification of John Lord)(Brauerman, Stephen) |
| Sep 19, 2018 | 10 | Certification of Deepali Brahmbhatt (1) |
| Sep 19, 2018 | 10 | Certification of Nate Dilger (1) |
| Sep 19, 2018 | 10 | Certification of John Lord (1) |
| Sep 13, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [9] STIPULATION TO EXTEND TIME for defendants Dell, Inc. and Dell Technologies, Inc. to respond to the Complaint to October 17, 2018 filed by Dell, Inc., Dell Technologies, Inc.. Ordered by Judge Christopher J. Burke on 9/13/2018. (mlc) |
| Sep 13, 2018 | 9 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendants Dell, Inc. and Dell Technologies, Inc. to respond to the Complaint to October 17, 2018 - filed by Dell Technologies, Inc., Dell, Inc.. (Blumenfeld, Jack) |
| Aug 31, 2018 | 8 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Aug 28, 2018 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Sequoia Technology, LLC. Dell Technologies, Inc. served on 8/27/2018, answer due 9/17/2018. (Brauerman, Stephen) |
| Aug 28, 2018 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Sequoia Technology, LLC. Dell, Inc. served on 8/27/2018, answer due 9/17/2018. (Brauerman, Stephen) |
| Aug 21, 2018 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [5] Proposed Procedures Order filed by Sequoia Technology, LLC. Ordered by Judge Christopher J. Burke on 8/21/2018. (dlb) |
| Aug 15, 2018 | 5 | Proposed Order (4) Docket Text: PROPOSED ORDER / Procedures Order by Sequoia Technology, LLC. (Brauerman, Stephen) |
| Aug 10, 2018 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 8/10/18. Associated Cases: 1:18-cv-01127-LPS, 1:18-cv-01128-LPS, 1:18-cv-01129-LPS (ntl) |
| Aug 8, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:18-cv-01127-LPS, 1:18-cv-01128-LPS, 1:18-cv-01129-LPS (rjb) |
| Jul 31, 2018 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Dell Technologies, Inc. on 8/1/2018; Dell, Inc. on 8/1/2018; EMC Corporation on 8/1/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmf) |
| Jul 31, 2018 | 1 | Exhibit A (16) |
| Jul 31, 2018 | 1 | Exhibit B (3) |
| Jul 31, 2018 | 1 | Civil Cover Sheet (2) |
| Jul 31, 2018 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmf) |
| Jul 31, 2018 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,718,436. (nmf) |
