Case number 1:19-cv-01343
Shure Incorporated et al v. Clearone, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 30, 2022 | 703 | SO ORDERED Granting 702 Joint Stipulation of Dismissal With Prejudice (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 12/30/2022. (nms) (Entered: 12/30/2022) (2) |
| Dec 30, 2022 | 704 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,565,493; D865723. (Attachments: # 1 Order)(nms) (Entered: 12/30/2022) (Main Document) (1) |
| Dec 30, 2022 | 704 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,565,493; D865723. (Attachments: # 1 Order)(nms) (Entered: 12/30/2022) (Order) (2) |
| Dec 27, 2022 | 702 | STIPULATION of Dismissal With Prejudice, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 12/27/2022 (nms). (Entered: 12/27/2022) (2) |
| Aug 15, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: Upon consideration of two motions and briefing (D.I. [687], [688], [690], [692]), the motion to proceed with trial (D.I. [687]) is GRANTED and the motion for a stay of proceedings (D.I. [688]) is DENIED. Trial is scheduled for July 5, 2023, at 9 a.m. The Court will hold a pretrial conference on June 9, 2023, at 8:30 a.m.. Ordered by Judge Richard G. Andrews on 8/15/2022. (lak) |
| Aug 15, 2022 | 701 | ORAL ORDER: Upon consideration of two motions and briefing (D.I. 687 , 688 , 690 , 692 ), the motion to proceed with trial (D.I. 687 ) is GRANTED and the motion for a stay of proceedings (D.I. 688 ) is DENIED. Trial is scheduled for July 5, 2023, at 9 a.m. The Court will hold a pretrial conference on June 9, 2023, at 8:30 a.m.. Ordered by Judge Richard G. Andrews on 8/15/2022. (lak) (Entered: 08/15/2022) (0) |
| Jul 13, 2022 | 700 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding status regarding the Inter Partes Review of U.S. Patent No. 9,565,493 (the "'493 patent"). (Lemon, Brian) Modified on 7/13/2022 (nms). |
| May 27, 2022 | 698 | Memorandum and Order (4) Docket Text: MEMORANDUM ORDER: Plaintiffs' amendment of the complaint to withdraw the previously asserted Counts II, III, IV and V is GRANTED. The counts are WITHDRAWN WITH PREJUDICE. Defendant's motion to dismiss (D.I. [562]) is DISMISSED as moot. Signed by Judge Richard G. Andrews on 5/27/2022. (nms) |
| May 27, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court started a bench trial while the jury was out. The jurys verdict interrupted the on-going bench trial and, as the parties agreed, mooted the need to complete it. (D.I. [679], p. 848). This order memorializes why the bench trial was unfinished. Ordered by Judge Richard G. Andrews on 5/27/2022. (nms) |
| May 16, 2022 | 696 | Notice (Other) (16) Docket Text: Second NOTICE of Subsequent Developments by Clearone, Inc. re [687] MOTION to Proceed with Trial on its Counterclaims (Flynn, Michael) |
| May 16, 2022 | 697 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Plaintiffs' Notice of Relevant Subsequent Developments by Shure Acquisition Holdings, Inc., Shure Incorporated re [696] Notice (Other) (Attachments: # (1) Exhibit A)(Joyce, Alexandra) |
| May 16, 2022 | 697 | Notice (Other) (Exhibit A) (21) Docket Text: NOTICE of Plaintiffs' Notice of Relevant Subsequent Developments by Shure Acquisition Holdings, Inc., Shure Incorporated re [696] Notice (Other) (Attachments: # (1) Exhibit A)(Joyce, Alexandra) |
| Apr 4, 2022 | N/A | Case No Longer Referred to Mediation (0) Docket Text: CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel) |
| Mar 8, 2022 | 694 | Letter (1) Docket Text: Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding request for oral argument. (Flynn, Michael) Modified on 3/8/2022 (nms). |
| Mar 8, 2022 | 695 | Notice (Other) (Main Document) (3) Docket Text: NOTICE of Subsequent Developments Supporting Stay of Counterclaim Proceedings (D.I. [688]), by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit A)(Joyce, Alexandra) Modified on 3/9/2022 (nms). |
| Mar 8, 2022 | 695 | Notice (Other) (Exhibit A) (2) Docket Text: NOTICE of Subsequent Developments Supporting Stay of Counterclaim Proceedings (D.I. [688]), by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit A)(Joyce, Alexandra) Modified on 3/9/2022 (nms). |
| Mar 2, 2022 | 693 | Notice (Other) (Main Document) (4) Docket Text: NOTICE of Subsequent Developments by Clearone, Inc. re [687] MOTION to Proceed with Trial on its Counterclaims (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Mar 2, 2022 | 693 | Notice (Other) (Exhibit A) (2) Docket Text: NOTICE of Subsequent Developments by Clearone, Inc. re [687] MOTION to Proceed with Trial on its Counterclaims (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Mar 1, 2022 | 692 | Reply Brief (13) Docket Text: REPLY BRIEF re [688] COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Feb 23, 2022 | 691 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Michael P. Kelly, Esq. as co-counsel.. (Joyce, Alexandra) |
| Feb 22, 2022 | 690 | Brief (Combined Answering and Reply) (Main Document) (16) Docket Text: Combined Answering and Reply Brief re[688] COUNTER-MOTION for a Stay of Proceedings on Counterclaims, and [687] MOTION to Proceed with Trial on its Counterclaims, filed by Clearone, Inc..Reply Brief due date per Local Rules is 3/1/2022. (Attachments: # (1) Exhibit D, # (2) Exhibit E)(Flynn, Michael) Modified on 2/22/2022 (nms). |
| Feb 22, 2022 | 690 | Brief (Combined Answering and Reply) (Ex. D) (7) Docket Text: Combined Answering and Reply Brief re[688] COUNTER-MOTION for a Stay of Proceedings on Counterclaims, and [687] MOTION to Proceed with Trial on its Counterclaims, filed by Clearone, Inc..Reply Brief due date per Local Rules is 3/1/2022. (Attachments: # (1) Exhibit D, # (2) Exhibit E)(Flynn, Michael) Modified on 2/22/2022 (nms). |
| Feb 22, 2022 | 690 | Brief (Combined Answering and Reply) (Ex. E) (18) Docket Text: Combined Answering and Reply Brief re[688] COUNTER-MOTION for a Stay of Proceedings on Counterclaims, and [687] MOTION to Proceed with Trial on its Counterclaims, filed by Clearone, Inc..Reply Brief due date per Local Rules is 3/1/2022. (Attachments: # (1) Exhibit D, # (2) Exhibit E)(Flynn, Michael) Modified on 2/22/2022 (nms). |
| Feb 15, 2022 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. 688 has been recoded to reflect the filing is also a motion consistent with the title on the filing. (nms) |
| Feb 15, 2022 | N/A | Local Rule 7.1.1 Notice (0) Docket Text: LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI # [688]. Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms) |
| Feb 15, 2022 | N/A | Set Answering Brief Deadline (0) Docket Text: Set Answering Brief Deadline re [688] COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims. Answering Brief/Response due date per Local Rules is 3/1/2022. (nms) |
| Feb 15, 2022 | 689 | Statement (2) Docket Text: 7.1.1 STATEMENT re [688] COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 2/15/2022 (nms). |
| Feb 14, 2022 | 688 | Motion - Miscellaneous (Main Document) (17) Docket Text: ANSWERING BRIEF in Opposition re [687] MOTION to Proceed with Trial on its Counterclaims and COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 2/22/2022. (Attachments: # (1) Exhibits 1-2, # (2) Proposed Order)(Joyce, Alexandra) Modified on 2/15/2022 (nms). |
| Feb 14, 2022 | 688 | Motion - Miscellaneous (Exhibit 1-2) (7) Docket Text: ANSWERING BRIEF in Opposition re [687] MOTION to Proceed with Trial on its Counterclaims and COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 2/22/2022. (Attachments: # (1) Exhibits 1-2, # (2) Proposed Order)(Joyce, Alexandra) Modified on 2/15/2022 (nms). |
| Feb 14, 2022 | 688 | Motion - Miscellaneous (Text of Proposed Order) (1) Docket Text: ANSWERING BRIEF in Opposition re [687] MOTION to Proceed with Trial on its Counterclaims and COUNTER-MOTION for a Stay of Proceedings on ClearOne's Counterclaims, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 2/22/2022. (Attachments: # (1) Exhibits 1-2, # (2) Proposed Order)(Joyce, Alexandra) Modified on 2/15/2022 (nms). |
| Jan 31, 2022 | N/A | Set Answering Brief Deadline (0) Docket Text: Set Answering Brief Deadline re [687] MOTION to Proceed with Trial on its Counterclaims. Answering Brief/Response due date per Local Rules is 2/14/2022. (nms) |
| Jan 31, 2022 | 687 | Motion for Miscellaneous Relief (Main Document) (13) Docket Text: MOTION to Proceed with Trial on its Counterclaims - filed by Clearone, Inc.. (Attachments: # (1) Exhibits A-C)(Flynn, Michael) Modified on 1/31/2022 (nms). |
| Jan 31, 2022 | 687 | Motion for Miscellaneous Relief (Exs. A-C) (30) Docket Text: MOTION to Proceed with Trial on its Counterclaims - filed by Clearone, Inc.. (Attachments: # (1) Exhibits A-C)(Flynn, Michael) Modified on 1/31/2022 (nms). |
| Nov 24, 2021 | 684 | Redacted Document (30) Docket Text: REDACTED VERSION of [588] Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 24, 2021 | 685 | Redacted Document (30) Docket Text: REDACTED VERSION of [589] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 24, 2021 | 686 | Redacted Document (30) Docket Text: REDACTED VERSION of [632] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 19, 2021 | 677 | Transcript (267) Docket Text: Official Transcript of Jury Trial held on 11/01/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather) |
| Nov 19, 2021 | 678 | Transcript (328) Docket Text: Official Transcript of Jury Trial held on 11/2/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather) |
| Nov 19, 2021 | 679 | Transcript (257) Docket Text: Official Transcript of Jury Trial held on 11/3/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@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 12/10/2021. Redacted Transcript Deadline set for 12/20/2021. Release of Transcript Restriction set for 2/17/2022. (Triozzi, Heather) |
| Nov 19, 2021 | 680 | Redacted Document (Main Document) (17) Docket Text: REDACTED VERSION of [623] Response to Objections, by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Flynn, Michael) Modified on 11/19/2021 (nms). |
| Nov 19, 2021 | 680 | Redacted Document (Ex. A) (30) Docket Text: REDACTED VERSION of [623] Response to Objections, by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Flynn, Michael) Modified on 11/19/2021 (nms). |
| Nov 19, 2021 | 681 | Redacted Document (30) Docket Text: REDACTED VERSION of [594] Proposed Pretrial Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 19, 2021 | 682 | Redacted Document (30) Docket Text: REDACTED VERSION of [605] Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 19, 2021 | 683 | Redacted Document (30) Docket Text: REDACTED VERSION of [615] Proposed Pretrial Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 18, 2021 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI #[594], [615], and [623]. (nms) |
| Nov 17, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The docket text for D.I. [675] has been amended to substitute the word "before" for "until" in the second to last line. The NEF for the filing has been regenerated. (nms) |
| Nov 17, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The parties submitted a status report on November 12. The main issue addressed is whether to stay Defendants two business tort counterclaims pending a decision on related litigation in another court. The related case was filed before this one, and the status report advises that the court there has a fully-briefed motion under advisement. The parties dispute the relevance of the fully-briefed motion. For various reasons, I would be inclined to grant Plaintiffs request to stay, at least for a while, based on my current understanding. Defendant asserts that Plaintiff forced Defendant to bring the counterclaims here (D.I. 654 at 5), but that makes little sense to me, given that they concern a patent, a product, and an injunction related to the patent and the product entered in the other court. In any event, the result is that there is a lot of overlap between the litigation here and in the other court, and it makes even less sense to me to charge ahead here before the other court rules. So, if Clearone wants to file a motion to proceed, it may do so, but, otherwise, I am just going to wait and see. Ordered by Judge Richard G. Andrews on 11/17/2021. (nms) Modified on 11/17/2021 (nms). |
| Nov 17, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The redacted filings (D.I. [659], [672], [673], and [674]) are REJECTED because parts of them are redacted in their entirety. Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. Failure to make a good faith attempt at such redactions may result in sanctions, the most common of which would be simply unsealing the entire filing. Redacting in its entirety a document that contains publicly available materials is prima facie evidence of bad faith. Revised redacted filings are DUE within five business days. Ordered by Judge Richard G. Andrews on 11/17/2021. (nms) |
| Nov 16, 2021 | 656 | Redacted Document (16) Docket Text: REDACTED VERSION of [582] MOTION in Limine (#1), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 657 | Redacted Document (16) Docket Text: REDACTED VERSION of [584] MOTION in Limine (#2), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 658 | Redacted Document (23) Docket Text: REDACTED VERSION of [600] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 659 | Redacted Document (30) Docket Text: REDACTED VERSION of [605] Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 660 | Redacted Document (13) Docket Text: REDACTED VERSION of [577] MOTION in Limine No. 1 to Preclude Evidence and Argument Relating to Litigations, Rulings or Accusations Made in Legal Proceedings Other Than Those Between Shure and ClearOne - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 661 | Redacted Document (14) Docket Text: REDACTED VERSION of [578] MOTION in Limine No. 2 to Preclude Shure From Introducing Evidence and Argument Regarding How ClearOne Developed/Selected the Appearance of the Accused BMA CT - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 662 | Redacted Document (30) Docket Text: REDACTED VERSION of [579] Exhibit to a Document - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 663 | Redacted Document (13) Docket Text: REDACTED VERSION of [580] MOTION in Limine No. 3 to Preclude Shure from Arguing Reliance on Counsel - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 664 | Redacted Document (30) Docket Text: REDACTED VERSION of [581] Exhibit to a Document - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 665 | Redacted Document (6) Docket Text: REDACTED VERSION of [601] Letter - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 666 | Redacted Document (6) Docket Text: REDACTED VERSION of [602] Letter - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 667 | Redacted Document (15) Docket Text: REDACTED VERSION of [604] Reply Brief - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 668 | Redacted Document (30) Docket Text: REDACTED VERSION of [635] Letter - by Clearone, Inc.. (Flynn, Michael) |
| Nov 16, 2021 | 669 | Redacted Document (30) Docket Text: REDACTED VERSION of [583] Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Silver, Daniel) |
| Nov 16, 2021 | 670 | Redacted Document (30) Docket Text: REDACTED VERSION of [586] Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 671 | Redacted Document (17) Docket Text: REDACTED VERSION of [587] MOTION in Limine (#3), Opposition, and Reply by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 672 | Redacted Document (30) Docket Text: REDACTED VERSION of [588] Exhibit to a Document by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 673 | Redacted Document (30) Docket Text: REDACTED VERSION of [589] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 16, 2021 | 674 | Redacted Document (30) Docket Text: REDACTED VERSION of [632] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 12, 2021 | N/A | Document Unsealed (0) Docket Text: Document Unsealed. D.I. [570] Memorandum Order, unsealed per D.I. 655. (mlc) |
| Nov 12, 2021 | 654 | Letter (6) Docket Text: Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Parties' Joint Status Report. (Lemon, Brian) |
| Nov 12, 2021 | 655 | Order (3) Docket Text: ORDER DENYING D.I. [573] Joint Motion to Redact Limited Portions of October 5, 2021 Memorandum Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 11/12/2021. (mlc) |
| Nov 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [653] STIPULATION and Proposed Order to Extend Time to file redacted documents to November 16, 2021. Signed by Judge Richard G. Andrews on 11/9/2021. (nms) |
| Nov 8, 2021 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[635]. (nms) |
| Nov 8, 2021 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[632]. (nms) |
| Nov 8, 2021 | 651 | Exhibit List (1) Docket Text: Plaintiff's Exhibit List for Jury Trial held 11/1/2021 - 11/3/2021. (lak) |
| Nov 8, 2021 | 652 | Exhibit List (3) Docket Text: Defendant's Exhibit List for Jury Trial held 11/1/2021 - 11/3/2021. (lak) |
| Nov 8, 2021 | 653 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/9/2021 (nms). |
| Nov 5, 2021 | 650 | Order (1) Docket Text: ORDER directing that jurors be provided lunch (cc: Finance). Signed by Judge Richard G. Andrews on 11/5/2021. (nms) |
| Nov 4, 2021 | 647 | Order (1) Docket Text: TRIAL VERDICT: The jury having deliberated on Count 6 of the Second Amended Complaint (D.I. [64]) and Count 5 of the Amended Answer and Counterclaims (D.I. [295]), and the jury having reached a verdict, judgment is entered for ClearOne, Inc. and against Shure Incorporated and Shure Acquisition Holdings, Inc. on Count 6 of the Second Amended Complaint and on Count 5 of the Amended Answer and Counterclaims. U.S. Patent No. D865723 is declared INVALID. Signed by Judge Richard G. Andrews on 11/4/2021. (nms) |
| Nov 4, 2021 | 648 | Exhibit List (2) Docket Text: Witness List for Jury Trial held 11/1/2021 - 11/3/2021. (lak) |
| Nov 3, 2021 | N/A | Jury Trial - Completed (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 3 completed on 11/3/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Joel Delman, deposition of Chris Bencsik, Paul Hatch. Final jury instructions, closing arguments, deliberations, verdict. (Court Reporter Heather Triozzi.) (lak) |
| Nov 3, 2021 | N/A | Bench Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Bench Trial held on 11/3/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Deposition of Zee Hakimoglu, Paul Hatch, Thomas Vander Veen. (Court Reporter Heather Triozzi.) (lak) |
| Nov 3, 2021 | 644 | Jury Instructions (24) Docket Text: Final Jury Instructions (*to be read in open court). (lak) |
| Nov 3, 2021 | 646 | Redacted Document (2) Docket Text: REDACTED VERSION of [645] Jury Verdict. (lak) |
| Nov 3, 2021 | 649 | Verdict Sheet (2) Docket Text: Final Jury Verdict Form. (lak) |
| Nov 2, 2021 | N/A | Jury Trial - Held (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 2 held on 11/2/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Witnesses: Ira M. Weinstein, Derek Graham, Paul Hatch, Zee Hakimoglu, deposition of David Newman, deposition of Kevin Smith, Paul Waadevig, deposition of Jason Staples, deposition of Elizabeth Cho, deposition of Matthew Morrow, deposition of Gregory Lantz, deposition of Cliff Christensen, Joel Delman. (Court Reporter Heather Triozzi.) (lak) |
| Nov 1, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. [618] has been replaced with a corrected version. On page three under the section C. Noninfringement the word starting sentence number 3 has been changed from Nonfunctional to Functional. The NEF for the filing has been regenerated. (nms) |
| Nov 1, 2021 | N/A | Jury Trial - Begun (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Jury Trial day 1 held on 11/1/2021. Local Counsel present for Plaintiffs: B. Lemon. Local Counsel present for Defendant: M. Flynn. Jury Selection, Preliminary Jury Instructions read, Openings. Witnesses: John M. Miller, James Schanz, deposition of Beth Mickel, deposition of Patrick Oats, deposition of Glenn Yates, deposition of John Bullard, deposition of Richard Kessler, deposition of Shane Tunnell, Ira M. Weinstein. (Court Reporter Heather Triozzi.) (lak) |
| Oct 31, 2021 | 642 | Exhibit to a Document (30) Docket Text: Amended Exhibit 7 to [615] Proposed Pretrial Order, by Clearone, Inc.. (Flynn, Michael) Modified on 11/1/2021 (nms). |
| Oct 31, 2021 | 643 | Letter (5) Docket Text: Joint Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Identification of Outstanding Issues for Court Resolution for Trial. (Lemon, Brian) |
| Oct 30, 2021 | 641 | Exhibit to a Document (28) Docket Text: Amended Exhibit 6 to [615] Proposed Pretrial Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/1/2021 (nms). |
| Oct 29, 2021 | 639 | Order (3) Docket Text: SO ORDERED as modified re [638] Stipulation and Order Regarding Bench Trial Procedures (*Set Hearing: A Bench Trial is set to start on 11/3/2021, in Courtroom 6A while the jury deliberates) (see Order for further details). Signed by Judge Richard G. Andrews on 10/29/2021. (nms) |
| Oct 29, 2021 | 640 | Jury Instructions (17) Docket Text: Preliminary Jury Instructions (to be read in open court). (nms) |
| Oct 28, 2021 | 636 | Memorandum and Order (3) Docket Text: MEMORANDUM ORDER: Regarding presentation of evidence on reasonable royalty (see D.I. [615] at 6 n.2) (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 10/28/2021. (nms) |
| Oct 28, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The revised proposed pretrial order (D.I. [615]) is SO ORDERED with the disputed issues raised in footnotes resolved as stated in other orders of the Court. In regard to paragraph 91, Shure will have the opportunity for rebuttal closing argument, but it will be limited to no more than five minutes and possibly not that much. The dispute in paragraph 103 will be resolved in preliminary jury instructions that will be filed tomorrow. Ordered by Judge Richard G. Andrews on 10/28/2021. (nms) |
| Oct 28, 2021 | 638 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order Regarding Bench Trial Procedures by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 27, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [633] STIPULATION and Proposed Order to Extend Time to file redacted documents to November 9. 2021. Signed by Judge Richard G. Andrews on 10/27/2021. (nms) |
| Oct 27, 2021 | 634 | Memorandum and Order (3) Docket Text: MEMORANDUM ORDER: I will hold a bench trial to determine § 289 damages. The parties also dispute whether the factual question of the relevant article of manufacture4 must be determined by me or by the jury. This factual question appears to be relevant only to the equitable remedy of disgorgement. Thus, I will not send it to the jury. ("Inequitable conduct is equitable in nature, with no right to a jury, and the trial court has the obligation to resolve the underlying facts of materiality and intent"). Signed by Judge Richard G. Andrews on 10/27/2021. (nms) |
| Oct 26, 2021 | 627 | Memorandum Opinion (5) Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/26/2021. (nms) |
| Oct 26, 2021 | 628 | Order (1) Docket Text: ORDER: ClearOne's objections (D.I. [560]) to the Magistrate Judge's oral order (D.I. [544]) are SUSTAINED IN PART and OVERRULED IN PART. ClearOne's Motion in Limine No. 2 (D.I. [578]) is GRANTED. Signed by Judge Richard G. Andrews on 10/26/2021. (nms) |
| Oct 26, 2021 | 629 | Voir Dire Questions (5) Docket Text: Voir Dire Questions (*to be read in open court). (nms) |
| Oct 26, 2021 | 630 | Memorandum Opinion (5) Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/26/2021. (nms) |
| Oct 26, 2021 | 631 | Order (1) Docket Text: ORDER: Shure's objections (D.I. [605]) to the Magistrate Judge's Memorandum Order (D.I. [575]) are OVERRULED. Shure's request to supplement Dr. Vander Veen's expert report (D.I. [605] at 1) is DENIED. Signed by Judge Richard G. Andrews on 10/26/2021. (nms) |
| Oct 26, 2021 | 633 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION and Proposed Order to Extend Time regarding redacted filings - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/27/2021 (nms). |
| Oct 25, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In the revised pretrial order (D.I. [615] at 6-7 n.2), Plaintiff asserts that the jury could determine a reasonable royalty from the available evidence. Plaintiff is directed to submit a detailed proffer of what it expects that available evidence to be by the COB Tuesday, October 26, 2021. Ordered by Judge Richard G. Andrews on 10/25/2021. (nms) |
| Oct 22, 2021 | 625 | Redacted Document (30) Docket Text: REDACTED VERSION of [527] Transcript per D.I. [612] Order. (dlb) |
| Oct 20, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [622] MOTION for Pro Hac Vice Appearance of Attorney Neil G. Anderson, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 10/20/2021. (nms) |
| Oct 20, 2021 | 617 | Transcript (42) Docket Text: Official Transcript of Pretrial Conference held on 10/15/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@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 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022. (Triozzi, Heather) |
| Oct 20, 2021 | 618 | Memorandum Opinion (6) Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/20/2021. (nms) (Main Document 618 replaced on 11/1/2021) (nms). |
| Oct 20, 2021 | 619 | Order (1) Docket Text: ORDER: ClearOne's objection (D.I. [559]) to the Magistrate Judge's Report and Recommendation is OVERRULED. The Report and Recommendation (D.I. [545]) is ADOPTED. ClearOne's motion for summary judgment of noninfringement (D.I. [443]) is DENIED. Signed by Judge Richard G. Andrews on 10/20/2021. (nms) |
| Oct 20, 2021 | 620 | Memorandum Opinion (6) Docket Text: MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 10/20/2021. (nms) |
| Oct 20, 2021 | 621 | Order (1) Docket Text: ORDER: Shures objections (D.I. [556]) to the Magistrate Judges Report and Recommendation (D.I. [541]) are OVERRULED. The Report and Recommendation (D.I. [541]) is ADOPTED. Shures motion for summary judgment on ClearOnes tort counterclaims and affirmative defense of unclean hands (D.I. [433]) is GRANTED in relation to the First Counterclaim and otherwise DENIED. Signed by Judge Richard G. Andrews on 10/20/2021. (nms) |
| Oct 20, 2021 | 622 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Neil G. Anderson - filed by Clearone, Inc.. (Flynn, Michael) |
| Oct 20, 2021 | 624 | Proposed Jury Instructions (24) Docket Text: Joint Proposed Preliminary Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/21/2021 (nms). |
| Oct 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [610] STIPULATION and Proposed Order to Extend Time to file redacted versions to October 26, 2021. Signed by Judge Richard G. Andrews on 10/19/2021. (nms) |
| Oct 19, 2021 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [611] MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn (nms) |
| Oct 19, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [611] MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 10/19/2021. (nms) |
| Oct 19, 2021 | 611 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Daniel Sheehan and Joseph Aronsohn - filed by Clearone, Inc..(Flynn, Michael) Modified on 10/19/2021 (nms). |
| Oct 19, 2021 | 612 | Order on Motion for Miscellaneous Relief (2) Docket Text: ORDER granting in part D.I. [532] Joint MOTION to Redact Portions of June 9, 2021 Transcript of Summary Judgment Hearing . Signed by Judge Christopher J. Burke on 10/19/2021. (dlb) |
| Oct 19, 2021 | 613 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order, by Clearone, Inc.. (Flynn, Michael) Modified on 10/19/2021 (nms). |
| Oct 19, 2021 | 614 | Order (2) Docket Text: SO ORDERED Granting [613] Stipulation and Proposed Order. Signed by Judge Richard G. Andrews on 10/19/2021. (nms) |
| Oct 19, 2021 | 616 | Proposed Voir Dire (5) Docket Text: Proposed Voir Dire by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 18, 2021 | 608 | Order (3) Docket Text: ORDER regarding D.I. [552] Joint Motion to Redact Portions of September 16, 2021 Report and Recommendation filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 10/18/2021. (dlb) |
| Oct 18, 2021 | 609 | Redacted Document (30) Docket Text: REDACTED VERSION of [541] REPORT AND RECOMMENDATIONS re [433] MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (dlb) |
| Oct 18, 2021 | 610 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION and Proposed Order to Extend Time to file redacted versions to October 26, 2021 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/19/2021 (nms). |
| Oct 15, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The main pdf for D.I. [605] has been replaced with a corrected per counsel's request. (nms) |
| Oct 15, 2021 | N/A | Pretrial Conference (0) Docket Text: Minute Entry for proceedings held before Judge Richard G. Andrews - Pretrial Conference held on 10/15/2021. Counsel for Plaintiffs: B. Lemon. Counsel for Defendant: M. Flynn. The parties are to submit a revised Pretrial Order to incorporate the Courts rulings at the pretrial conference. (Court Reporter Heather Triozzi.) (lak) |
| Oct 15, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: For the reasons stated at the pretrial conference, the motion in limine (D.I. [577]) to exclude evidence of litigations other than those between Shure and Clearone and evidence of litigiousness is GRANTED; the motions in limine (D.I. [580]; D.I. [584]) to preclude evidence relating to reliance on counsel is GRANTED, and the parties were instructed not to identify any participants in meetings as attorneys without the Courts express permission; and the motion in limine (D.I. [587]) to exclude evidence of the identified Salesforce tag is GRANTED. Ordered by Judge Richard G. Andrews on 10/15/2021. (nms) |
| Oct 15, 2021 | 607 | Order (3) Docket Text: ORDER: Shure's motion in limine (D.I. [582]) is GRANTED in part, DENIED in part, and RESERVED in part (see Order for further details). Signed by Judge Richard G. Andrews on 10/15/2021. (nms) |
| Oct 13, 2021 | N/A | Remark (0) Docket Text: Remark: The pretrial conference set for 10/15/2021 at 9:00 AM, will now be held in courtroom 6A. (lak) |
| Oct 13, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. [601] has been replaced with a corrected version per counsel's request. The date in the fourth line of the letter has been amended. (nms) |
| Oct 12, 2021 | N/A | Motions No Longer Referred (0) Docket Text: Motions No Longer Referred: [582] MOTION in Limine (#1); [587] MOTION in Limine (#3); [584] MOTION in Limine (#2); [580] MOTION in Limine No. 3, [577] MOTION in Limine No. 1; [578] MOTION in Limine No. 2. (nms) |
| Oct 12, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. 578 has been replaced with an amended version. The caption page has been corrected. (nms) |
| Oct 12, 2021 | N/A | Document Unsealed (0) Docket Text: Document Unsealed. D.I. [575] Memorandum Order, unsealed per notification from the parties that no redactions are requested. (mlc) |
| Oct 12, 2021 | 591 | SO ORDERED (2) Docket Text: SO ORDERED, re [590] STIPULATION TO EXTEND TIME (1) Joint Pretrial Order, (2) Preliminary Jury Instructions, (3) Proposed Final Jury Instructions, (4) Voir Dire, and (5) Verdict Sheet to October 12, 2021. Signed by Judge Richard G. Andrews on 10/12/2021. (nms) |
| Oct 12, 2021 | 592 | Order (2) Docket Text: SO ORDERED Granting [576] STIPULATION and Proposed Order to Extend Time to submit Objections and Responses. Signed by Judge Richard G. Andrews on 10/12/2021. (nms) |
| Oct 12, 2021 | 593 | Redacted Document (30) Docket Text: REDACTED VERSION of [573] Joint Motion to Redact Limited Portions of October 5, 2021 Memorandum Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 12, 2021 | 595 | Verdict Sheet (6) Docket Text: Proposed Verdict Form, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms). |
| Oct 12, 2021 | 596 | Proposed Voir Dire (5) Docket Text: Proposed Voir Dire by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 12, 2021 | 597 | Proposed Jury Instructions (28) Docket Text: Proposed Preliminary Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms). |
| Oct 12, 2021 | 598 | Proposed Jury Instructions (30) Docket Text: Proposed Final Jury Instructions, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/13/2021 (nms). |
| Oct 12, 2021 | 599 | Letter (2) Docket Text: Letter to The Honorable Richard G. Andrews from Brian R. Lemon, Esq. regarding Parties' Pretrial Dispute on Unclean Hands. (Lemon, Brian) |
| Oct 12, 2021 | 603 | Redacted Document (15) Docket Text: REDACTED VERSION of [566] Response to Objections by Clearone, Inc.. (Flynn, Michael) |
| Oct 11, 2021 | 576 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend Time to submit Objections and Responses - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/12/2021 (nms). |
| Oct 11, 2021 | 585 | Verdict Sheet (9) Docket Text: Proposed Jury Verdict Form, by Clearone, Inc.. (Flynn, Michael) Modified on 10/12/2021 (nms). |
| Oct 11, 2021 | 590 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME (1) Joint Pretrial Order, (2) Preliminary Jury Instructions, (3) Proposed Final Jury Instructions, (4) Voir Dire, and (5) Verdict Sheet to October 12, 2021 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 8, 2021 | 572 | Order Adopting Report and Recommendations (1) Docket Text: ORDER: The Report and Recommendations (D.I. [555]) is ADOPTED. Defendant's motion for summary judgment (D.I. [449]) is DISMISSED AS MOOT. Signed by Judge Richard G. Andrews on 10/8/2021. (nms) |
| Oct 8, 2021 | 574 | Redacted Document (17) Docket Text: REDACTED VERSION of [569] Response to Objections by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 8, 2021 | 575 | Memorandum and Order (6) Docket Text: [UNSEALED] MEMORANDUM ORDER regarding D.I. [447] MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims and MOTION to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 10/8/2021.This order will be emailed to local counsel. (dlb) Modified on 10/12/2021 (mlc). |
| Oct 7, 2021 | 571 | Memorandum and Order (3) Docket Text: MEMORANDUM ORDER: The Report and Recommendation (D.I. [535]) is ADOPTED. Defendant's objections (D.I. [537]) are OVERRULED. Defendant's motion for summary judgment of invalidity (D.I. [441]) is DENIED. Signed by Judge Richard G. Andrews on 10/7/2021. (nms) |
| Oct 5, 2021 | 570 | Memorandum and Order (18) Docket Text: [UNSEALED] MEMORANDUM ORDER re [437] MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Signed by Judge Christopher J. Burke on 10/5/2021.This order will be emailed to local counsel. (dlb) Modified on 11/12/2021 (mlc). |
| Oct 4, 2021 | N/A | Remark (0) Docket Text: Remark: The pretrial conference set for 10/15/2021 at 9:00 AM, will now be held in courtroom 4A. (lak) |
| Oct 1, 2021 | 567 | Redacted Document (15) Docket Text: REDACTED VERSION of [556] Objections by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 1, 2021 | 568 | Response to Objections (11) Docket Text: RESPONSE to [559] Objection, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 10/4/2021 (nms). |
| Sep 29, 2021 | 562 | Motion to Dismiss (5) Docket Text: MOTION to Dismiss With Prejudice Shure's Business Tort Claims - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 9/30/2021 (nms). |
| Sep 29, 2021 | 563 | MEMORANDUM in Support (21) Docket Text: MEMORANDUM in Support re [562] MOTION to Dismiss With Prejudice Shure's Business Tort Claims, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/13/2021. (Flynn, Michael) Modified on 9/30/2021 (nms). |
| Sep 29, 2021 | 564 | Declaration (Main Document) (5) Docket Text: DECLARATION of Christina Von der Ahe Rayburn re [562] MOTION to Dismiss With Prejudice Shure's Business Tort Claims, by Clearone, Inc.. (Attachments: # (1) Exhibits A-H)(Flynn, Michael) Modified on 9/30/2021 (nms). |
| Sep 29, 2021 | 564 | Declaration (Exhibit A-H) (30) Docket Text: DECLARATION of Christina Von der Ahe Rayburn re [562] MOTION to Dismiss With Prejudice Shure's Business Tort Claims, by Clearone, Inc.. (Attachments: # (1) Exhibits A-H)(Flynn, Michael) Modified on 9/30/2021 (nms). |
| Sep 29, 2021 | 565 | Stipulation (1) Docket Text: STIPULATION and Proposed Order to Expedite Briefing, by Clearone, Inc.. (Flynn, Michael) Modified on 9/30/2021 (nms). |
| Sep 27, 2021 | 561 | Redacted Document (30) Docket Text: REDACTED VERSION of [552] Joint Motion to Redact Portions of September 16, 2021 Report and Recommendation by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Sep 24, 2021 | 557 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding Report and Recommendations (D.I. [555]). (Flynn, Michael) Modified on 9/27/2021 (nms). |
| Sep 24, 2021 | 558 | Notice (Other) (3) Docket Text: NOTICE of Withdrawal of Counsel Andrew M. Moshos, by Clearone, Inc.. (Moshos, Andrew) Modified on 9/24/2021 (nms). |
| Sep 24, 2021 | 559 | Objection to Report and Recommendations (17) Docket Text: OBJECTION to [545] Report and Recommendations by Clearone, Inc.. (Flynn, Michael) |
| Sep 24, 2021 | 560 | Objections (9) Docket Text: OBJECTIONS to [544] Oral Order, by Clearone, Inc.. (Flynn, Michael) Modified on 9/27/2021 (nms). |
| Sep 23, 2021 | N/A | Report and Recommendations (0) Docket Text: REPORT AND RECOMMENDATIONS: The Court, having reviewed the parties' letters, (D.I. 548; D.I. 550; D.I. 551), hereby ORDERS as follows: (1) The Court recommends that Defendants Motion for Partial Summary Judgement of No Liability for Certain Alleged False Statements, (D.I. 449), be DENIED AS MOOT. In light of the Courts limited resources, it does not make sense for the Court to adjudicate a motion seeking summary judgment as to claims (i.e., Shure's non-patent claims) that will not be asserted at the upcoming trial or otherwise in this case.; (2) The parties shall meet and confer regarding the appropriate disposition of Shure's non-patent claims (e.g. dismissal with or without prejudice). The Court hopes that the parties can reach an agreement regarding the issue. (D.I. 551 at 2) If the parties cannot come to an agreement, they can raise the issue with the District Court.; (3) By no later than the close of business on September 24, 2021, ClearOne shall advise (by way of a short letter) what portions of its Combined Motion for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims and Motion to Exclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen, (D.I. 447), the Court needs to decide under the above rationale (i.e., that the Court will not be adjudicating issues relating to claims that will not be asserted at trial). 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 10/7/2021. Ordered by Judge Christopher J. Burke on 9/23/2021. (dlb) |
| Sep 22, 2021 | 554 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [540] Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Sep 22, 2021 | 554 | Redacted Document (Exhibit A) (10) Docket Text: REDACTED VERSION of [540] Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Sep 22, 2021 | 554 | Redacted Document (Exhibit B) (10) Docket Text: REDACTED VERSION of [540] Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Sep 21, 2021 | 551 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Alexandra M. Joyce, Esq., regarding Response to ClearOne's Letter Regarding Shure's Withdrawn Claims(D.I. [550]). (Attachments: # (1) Exhibit 1)(Joyce, Alexandra) Modified on 9/21/2021 (nms). |
| Sep 21, 2021 | 551 | Letter (Exhibit 1) (3) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Alexandra M. Joyce, Esq., regarding Response to ClearOne's Letter Regarding Shure's Withdrawn Claims(D.I. [550]). (Attachments: # (1) Exhibit 1)(Joyce, Alexandra) Modified on 9/21/2021 (nms). |
| Sep 21, 2021 | 553 | Response to Objections (15) Docket Text: RESPONSE to [537] Objections, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 9/22/2021 (nms). |
| Sep 20, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' September 17, 2021 letter, (D.I. 548), hereby ORDERS that with regard to Defendant's Motion for Partial Summary Judgement of No Liability for Certain Alleged False Statements ("Motion"), (D.I. 449), by no later than September 20, 2021, Defendant shall advise (by way of a short letter) as to whether it agrees that in light of Plaintiffs' letter, the Motion can be denied as moot (or if not, why not). Ordered by Judge Christopher J. Burke on 9/20/2021. (dlb) |
| Sep 20, 2021 | 550 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Michael Flynn, regarding Plaintiffs' September 17, 2021 Letter (D.I. [548]). (Attachments: # (1) Exhibits A-B)(Flynn, Michael) Modified on 9/21/2021 (nms). |
| Sep 20, 2021 | 550 | Letter (Exs. A-B) (11) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke, from Michael Flynn, regarding Plaintiffs' September 17, 2021 Letter (D.I. [548]). (Attachments: # (1) Exhibits A-B)(Flynn, Michael) Modified on 9/21/2021 (nms). |
| Sep 17, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant's motion to strike certain opinions of Plaintiffs' expert Paul Hatch ("Motion"), (D.I. [445]), and the briefing related thereto, (D.I. 446; D.I. 478; D.I. 505), and having considered, inter alia, Federal Rule of Evidence 702 and the principles set out in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and its progeny, hereby ORDERS as follows: (1) With regard to the request that Mr. Hatch's infringement opinions should be excluded because they rely on an incorrect claim construction, (D.I. 446 at 1-2), the Motion is GRANTED-IN-PART and DENIED-IN-PART in the manner set out in the Court's to-be-filed Report and Recommendation regarding Defendant's Motion for Summary Judgment of Non-Infringement.; (2) With regard to the request that Mr. Hatch's opinions on "Gestalt Theory" or "visual perception" should be excluded, (id. at 2-3), it is DENIED. As an initial matter, the Court does not understand or expect that Mr. Hatch will be testifying about "Gestalt Theory." The words "Gestalt Theory" never appear in his expert reports, (D.I. 478 at 4), and to the extent he used the term in his technical tutorial, (D.I. 446 at 2), that tutorial will not be evidence at trial, (D.I. 478 at 4). As for testimony as to how concepts of "visual perception" affect his work as an expert, or how they impact what an ordinary observer would perceive, Mr. Hatch is sufficiently qualified to speak on that topic. He has over 25 years of industrial design experience, (D.I. 473, ex. A at para. 4), and he repeatedly testified about how visual perception is an important concept used by industrial designers--one that he has discussed, researched and presented on for years, (id., ex. A at para. 7; D.I. 478, ex. 4 at 243-44, 249-51; D.I. 478, ex. 7 at 182-84). Moreover, the only paragraph of Mr. Hatch's expert reports that Defendant challenges on this ground is one where Mr. Hatch speaks about how an ordinary observer might find certain design elements to be "primary" or "secondary[,]" (D.I. 446 at 3; D.I. 505 at 1); that language sounds much like the use of the words "prominent" or "noticeable" or "significant," which Defendant's design expert repeatedly uses as well, (D.I. 478, ex. 5 at paras. 60, 62-63, 65, 69, 71, 81, 90, 93). Such testimony is also certainly relevant to the liability issues in the case.; (3) With regard to the request that Mr. Hatch's "copying opinions" be excluded, (D.I. 446 at 4), it is GRANTED-IN-PART and DENIED-IN-PART. To the extent that Mr. Hatch relies on record evidence suggesting that Defendant copied the ornamental aspects of the claimed design, (D.I. 451, ex. 8 at para. 23; id., ex. 5 at paras. 50, 53; id., ex. 10 at paras. 19-23; see also D.I. 446 at 4), the Motion is DENIED. The Court is not convinced that evidence of copying the ornamental aspects of the claimed design would be absolutely irrelevant to the ordinary observer test (because if the facts suggested that the Defendant set out to and actually accomplished the copying of the ornamental aspects of the claimed design, then that might help explain why it is that an ordinary observer would think that the two designs are substantially the same). Plus, evidence of such copying can also be relevant to objective indicia of non-obviousness in a design patent case. See High Point Design LLC v. Buyers Direct, Inc., 730 F.3d 1301, 1312-15 (Fed. Cir. 2013). To the extent that Mr. Hatch relies on record evidence suggesting that Defendant copied functional, unclaimed aspects of Plaintiffs' products (like the internal microphone configuration), (D.I. 451, ex. 8 at para. 63), the Motion is GRANTED. The Court cannot see, and Plaintiffs did not explain, how such evidence could be relevant to the claims and defenses in this design patent infringement case. (D.I. 446 at 4 n.3; D.I. 505 at 2 n.3); (4) With regard to the request that Mr. Hatch's opinion as to the similarity between the Accused Products and the commercial embodiments ("CEs") be excluded, (D.I. 446 at 4-5), it is DENIED. In its opening brief, the basis for Defendant's request was that Mr. Hatch had failed to "support [his] conclusion [that the CEs and the Accused Products were similar] with any comparison of the [CEs]... to the [A]ccused [P]roducts." (Id. at 5) But it is permissible to make this comparison as part of the infringement analysis if the CEs and the claimed design are substantially the same, L.A. Gear, Inc. v. Thom McAn Shoe Co., 988 F.2d 1117, 1125-26 (Fed. Cir. 1993), and Mr. Hatch explains in his expert reports both why he thinks the claimed design and the MXA910, MXA910-A and MXA910-US products (i.e., the CEs) are very similar, (D.I. 451, ex. 8 at paras. 114-19; D.I. 473, ex. B at para. 23), and why the CEs and the Accused Products are very similar, (D.I. 473, ex. B at paras. 22-23, 97-100).; (5) With regard to the request that Mr. Hatch's opinions regarding commercial success and praise be excluded, (D.I. 446 at 5-6), it is DENIED WITHOUT PREJUDICE TO RENEW before the District Court (e.g., via a motion in limine or in some other fashion). The request turns on whether a nexus between commercial success/praise and the claimed invention can ever be presumed in a design patent case, or, if it can, whether it should so be presumed here, in light of the nature of the CEs and the asserted design patent. (D.I. 478 at 3-4; D.I. 505 at 3-4) Defendant made a good argument for exclusion in its reply brief. (D.I. 505 at 3-4) But because this particular request for exclusion was so sparsely briefed, and because the key issue did not really crystallize until the later stages of briefing, the Court is concerned that Plaintiffs did not have a fair chance to argue the issue.; and (6) With regard to the request that Mr. Hatch's opinions regarding the market/industry be excluded, (D.I. 446 at 6-7), it is DENIED. Although Defendant claims that many of the challenged paragraphs in Mr. Hatch's reports, (see id. at 6 n.5), involve Mr. Hatch stating conclusions that are "not based in fact[,]" (id. at 6), most of those paragraphs actually involve Mr. Hatch referencing record evidence, or Mr. Hatch relying on the opinions of Plaintiffs' market expert, Mr. Weinstein, (D.I. 451, ex. 8 at paras. 21-23, 35, 80-83; id., ex. 5 at paras. 7-13, 24, 52; id., ex. 10 at paras. 8-9, 14-18, 33, 40, 78-79). Other challenged paragraphs relate to industrial design, which is Mr. Hatch's area of expertise. (Id., ex. 8 at paras. 120-24) None of this is objectionable. To the extent Defendant's quarrel is that Mr. Hatch made mistakes and contradicted things that Mr. Weinstein testified to, (D.I. 446 at 6-7; D.I. 505 at 4), that argument reads like an outline for cross-examination, not a basis to exclude testimony. Objections to this Order are due by September 24, 2021 and responses by October 1, 2021. Ordered by Judge Christopher J. Burke on 9/17/2021. (mlc) |
| Sep 17, 2021 | 545 | Report and Recommendations (14) Docket Text: REPORT AND RECOMMENDATION regarding D.I. [443] MOTION for Summary Judgment of Non-Infringement filed by Clearone, Inc. 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 9/24/2021; responses due by 10/1/2021. Signed by Judge Christopher J. Burke on 9/17/2021. (mlc) |
| Sep 17, 2021 | 546 | Order (2) Docket Text: ORDER GRANTING D.I. [540] Unopposed Motion to Redact Portion of September 10, 2021 Memorandum Order filed by Clearone, Inc. Signed by Judge Christopher J. Burke on 9/17/2021. (mlc) |
| Sep 17, 2021 | 547 | Redacted Document (9) Docket Text: REDACTED VERSION of D.I. [539] Memorandum Order. (mlc) |
| Sep 17, 2021 | 548 | Letter (1) Docket Text: Letter to The Honorable Richard G. Andrews and The Honorable Christopher J. Burke from Alexandra M. Joyce, Esq. regarding Streamlining Issues for Trial. (Joyce, Alexandra) |
| Sep 16, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [542] MOTION for Pro Hac Vice Appearance of Attorney Christine Woodin filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 9/16/2021. (mlc) |
| Sep 16, 2021 | 542 | Motion for Leave to Appear Pro Hac Vice (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christine Woodin - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) |
| Sep 16, 2021 | 543 | Order Adopting Report and Recommendations (1) Docket Text: ORDER: The Report and Recommendation (D.I. [536]) is ADOPTED. Plaintiffs' motion for summary judgment (D.I. [435]) is DENIED. Signed by Judge Richard G. Andrews on 9/16/2021. (nms) |
| Sep 7, 2021 | 537 | Objections (19) Docket Text: OBJECTIONS to [535] Report and Recommendations, by Clearone, Inc.. (Flynn, Michael) Modified on 9/8/2021 (nms). |
| Sep 7, 2021 | 538 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of Supplemental Expert Report of Paul Waadevig - filed by Clearone, Inc..(Flynn, Michael) |
| Sep 1, 2021 | 536 | Report and Recommendations (11) Docket Text: REPORT AND RECOMMENDATIONS re [SEALED] MOTION for Summary Judgment on ClearOne's Inventorship Defense (D.I. 435). 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 9/15/2021. Signed by Judge Christopher J. Burke on 9/1/2021. (dlb) |
| Aug 25, 2021 | N/A | Document Unsealed (0) Docket Text: Document Unsealed. [535] REPORT AND RECOMMENDATIONS re [441] MOTION for Summary Judgment of Invalidity filed by Clearone, Inc. (dlb) |
| Aug 23, 2021 | 535 | Report and Recommendations (21) Docket Text: REPORT AND RECOMMENDATIONS regarding [441] MOTION for Summary Judgment of Invalidity filed by Clearone, Inc.. 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 9/7/2021. Signed by Judge Christopher J. Burke on 8/23/2021.This order will be emailed to local lead counsel. (dlb) Modified on 8/25/2021 (dlb)Doucument unsealed per email from counsel for no redactions. |
| Aug 20, 2021 | 534 | Redacted Document (30) Docket Text: REDACTED VERSION of [532] Joint MOTION to Redact Portions of June 9, 2021 Transcript of Summary Judgment Hearing by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Aug 18, 2021 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[532]. (nms) |
| Aug 17, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' motion to exclude and strike certain testimony of Defendant's market expert Paul Waadevig ("Motion"), (D.I. 439), and the briefing related thereto, (D.I. 440; D.I. 477; D.I. 502), hereby ORDERS as follows: (1) The first portion of the Motion relates to Plaintiffs' request to exclude Mr. Waadevig's opinion on non-infringing alternatives, (D.I. 440 at 3), which is found in paragraph 39 of his responsive expert report ("paragraph 39"), (id., ex. 3 at para. 39). This portion of the Motion is DENIED. In paragraph 39, Mr. Waadevig opines that 11 alternative designs that Defendant proposed for the front face of its accused BMA CT, BMA CTH and BMA 360 products "would generally be commercially acceptable to consumers in the installed audio-conferencing market." (Id.) Pursuant to Fed. R. Evid. 702 and the principles espoused in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), in order for such testimony to be sufficiently reliable, it must be based on recognized methods and procedures, not "subjective belief or unsupported opinion[,]" Schneider ex rel. Estate of Schneider v. Fried, 320 F.3d 396, 404 (3d Cir. 2003); see also Fed. R. Evid. 702 advisory committee's note to 2000 amendments (noting that if an expert witness is relying on his experience in a field to bolster his opinion, he must explain how that experience leads to the conclusion reached" and not simply require the fact finder to "tak[e his] word for it[]") (internal quotation marks and citation omitted). In paragraph 39 itself, Mr. Waadevig did not explain why or how his experience led him to conclude that the products at issue would be commercially acceptable. And during his deposition, he very ill-advisedly made things worse when he responded to a question on this subject by flippantly suggesting that he had "no backing" for the conclusion, and had simply "put [it] in on purpose" because Plaintiffs' expert similarly had "no backing" for many of his opinions in the case. (D.I. 440, ex. 2 at 194) But with all that being said, Mr. Waadevig and Defendant subsequently made clear that this deposition comment was meant in jest. (D.I. 480, ex. 98 at para. 4) More importantly, in paragraph 38 of his responsive expert report, Mr. Waadevig had explained that if a ceiling microphone product has an "invisible" or "near invisible" look when it is flush-mounted to a ceiling, then this could render it a commercially acceptable product for consumers. (D.I. 440, ex. 3 at para. 38) In light of what is in that paragraph, and in light of Mr. Waadevig's further explanation during his deposition, the Court can see how Mr. Waadevig has sufficiently articulated his opinion that the 11 alternate designs (or at least 10 of those 11 designs) for the BMA CT, BMA CTH and BMA 360 products at issue would be commercially acceptable to consumers because they had the aforementioned type of invisible or unobtrusive look when they are installed. (Id; see also id., ex. 2 at 194 (Mr. Waadevig noting in his deposition that the basis for his opinion on commercial acceptability was that 10 of the 11 designs "look[] like something that would be in the ceiling" and "look[] like a HVAC or a speaker"); D.I. 480, ex. 98 at para. 5) Thus, Mr. Waadevig has explained how his experience in this market led to his conclusion on commercial acceptability, such that his opinion is sufficiently reliable to pass muster under Rule 702.; and (2) The second portion of the Motion relates to Plaintiffs' request to strike (pursuant to Fed. R. Civ. P. 26(a)(2)(B)) the portions of Mr. Waadevig's opening expert report wherein he incorporates by reference two other expert reports (the "other material") that he submitted in a related Illinois litigation between the parties. (D.I. 440 at 3-4) This portion of the Motion is GRANTED. Mr. Waadevig's opening expert report in this case does not make clear exactly what portions of the other material he intends to rely on here. (Id., ex. 1 at para. 12) And in his deposition, Mr. Waadevig did not clear things up, as he: (a) acknowledged that he did not mean to incorporate all of this other material into his testimony in this case (only unspecified portions that amount to "background of the [relevant] market"); and (b) said that he could not "recall anything specific" from the other material that he actually did intend to rely on in this case. (Id., ex. 2 at 26) That kind of opacity amounts to "hiding the ball," and is not in line with the letter or the spirit of Rule 26(a)(2)(B). Cf. Sprint Commc'ns Co. LP v. Charter Commc'ns, Inc., C.A. No. 17-1734-RGA, 2021 WL 979307, at *3 (D. Del. Mar. 16, 2021). However, Defendant now appears to have identified the relevant portions of the other material that Mr. Waadevig does mean to rely on in this case. (D.I. 477 at 2 (citing portions of D.I. 479, exs. 91-92)) And it seems unlikely that this material is unfamiliar to Plaintiffs. Thus, the Court further ORDERS that Defendant may timely "supplement [Mr. Waadevig's report] with information from [the other material] that is germane to this litigation." Sprint, 2021 WL 979307, at *4. Ordered by Judge Christopher J. Burke on 8/17/2021. (dlb) |
| Aug 2, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [531] Stipulation regarding Pretrial exchanges filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 8/2/2021. (dlb) |
| Aug 2, 2021 | 531 | Stipulation (3) Docket Text: STIPULATION and Proposed Order Schedule for Pretrial Exchanges by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jul 30, 2021 | N/A | Set/Reset Transcript Deadlines (0) Docket Text: Set/Reset Transcript Deadlines re [527] Transcript. Redaction Request due 8/6/2021 per granting of stipulation (dlb) |
| Jul 30, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[530] STIPULATION TO EXTEND TIME for the parties to file a motion to request redactions to the transcript of the summary judgment hearing to August 6, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/30/2021. (dlb) |
| Jul 30, 2021 | 530 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to file a motion to request redactions to the transcript of the summary judgment hearing to August 6, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Jul 29, 2021 | 529 | Notice Requesting Removal of Co-Counsel (3) Docket Text: NOTICE requesting Clerk to remove Karen Younkins as co-counsel.. (Moshos, Andrew) |
| Jul 21, 2021 | 528 | Notice (Other) (Main Document) (4) Docket Text: NOTICE of Subsequent Authority by Clearone, Inc. (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Jul 21, 2021 | 528 | Notice (Other) (Exhibit A) (4) Docket Text: NOTICE of Subsequent Authority by Clearone, Inc. (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Jun 21, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for D.I. [513] has been replaced per counsel's request. Citations have been corrected. D.I. [524] has also been replace with a corrected version, and the NEF for the filing regenerated. (nms) |
| Jun 17, 2021 | 525 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Sydney English as co-counsel.. (Silver, Daniel) |
| Jun 17, 2021 | 526 | Redacted Document (30) Docket Text: REDACTED VERSION of [514] Notice of Lodging, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 6/21/2021 (nms). |
| Jun 16, 2021 | 524 | Redacted Document (30) Docket Text: REDACTED VERSION of [513] Notice of Lodging, by Clearone, Inc.. (Moshos, Andrew) Modified on 6/17/2021 (nms). (Main Document 524 replaced on 6/21/2021) (nms). |
| Jun 14, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: D.I. [503] and D.I. [507] have been placed under seal per counsel's request. (nms) |
| Jun 14, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The pdf for the filing at D.I. [522] has been replaced per counsel's request. The title on the document has been amended. The NEF for the filing has been regenerated. (nms) |
| Jun 14, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: SEALED PDF filed 6/2/21 at D.I. 507 has been replaced per request from filer. (dlb) |
| Jun 11, 2021 | 515 | Redacted Document (29) Docket Text: REDACTED VERSION of [499] Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jun 11, 2021 | 516 | Redacted Document (8) Docket Text: REDACTED VERSION of [500] Reply Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jun 11, 2021 | 517 | Redacted Document (10) Docket Text: REDACTED VERSION of [501] Reply Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jun 11, 2021 | 518 | Redacted Document (13) Docket Text: REDACTED VERSION of [503] Reply Brief by Clearone, Inc.. (Moshos, Andrew) |
| Jun 11, 2021 | 519 | Redacted Document (12) Docket Text: REDACTED VERSION of [504] Reply Brief by Clearone, Inc.. (Moshos, Andrew) |
| Jun 11, 2021 | 520 | Redacted Document (11) Docket Text: REDACTED VERSION of [505] Reply Brief by Clearone, Inc.. (Moshos, Andrew) |
| Jun 11, 2021 | 521 | Redacted Document (11) Docket Text: REDACTED VERSION of [506] Reply Brief, by Clearone, Inc.. (Moshos, Andrew) |
| Jun 11, 2021 | 522 | Redacted Document (12) Docket Text: REDACTED VERSION of [507] Reply Brief by Clearone, Inc.. (Moshos, Andrew) (Main Document 522 replaced on 6/14/2021) (nms). |
| Jun 11, 2021 | 523 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [508] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 120-126)(Moshos, Andrew) |
| Jun 11, 2021 | 523 | Redacted Document (Exhibit 120-126) (30) Docket Text: REDACTED VERSION of [508] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 120-126)(Moshos, Andrew) |
| Jun 9, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[512] STIPULATION TO EXTEND TIME the deadline for the parties to file their respective public versions of Summary Judgment and Daubert reply briefs and related exhibits to June 11, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 6/9/2021. (dlb) |
| Jun 9, 2021 | N/A | Oral Argument (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Oral Argument held on 6/9/2021 regarding D.I. [441] MOTION for Summary Judgment of Invalidity filed by Clearone, Inc., D.I. [433] MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands filed by Shure Acquisition Holdings, Inc., Shure Incorporated, D.I. [484] MOTION to Strike filed by Clearone, Inc., D.I. [437] MOTION to Exclude Testimony of Julia Rowe filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court heard argument from the parties and took the motions under advisement. (Court Reporter Deanna Warner. Clerk: M. Crawford) Appearances: B. Lemon, G. Ivey, E. Ferrill, E. Cook, D. McCorquindale, S. English, A. Boyer, J. Schaffner, V. Arezina for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, S. Mishra for Defendant. (mlc) |
| Jun 8, 2021 | 512 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME the deadline for the parties to file their respective public versions of Summary Judgment and Daubert reply briefs and related exhibits to June 11, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Jun 7, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' June 4, 2021 letter regarding the hearing set for June 9, 2021, (D.I. 510), hereby ADOPTS the parties' proposal regarding the order in which the listed motions will be argued. Ordered by Judge Christopher J. Burke on 6/4/2021. (dlb) |
| Jun 4, 2021 | 509 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding reply in support of Motion to Strike (D.I. [484]). (Attachments: # (1) Exhibits K-L)(Flynn, Michael) Modified on 6/4/2021 (nms). |
| Jun 4, 2021 | 509 | Letter (Exs. K-L) (13) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding reply in support of Motion to Strike (D.I. [484]). (Attachments: # (1) Exhibits K-L)(Flynn, Michael) Modified on 6/4/2021 (nms). |
| Jun 4, 2021 | 510 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Alexandra M. Joyce, Esq. regarding Hearing Scheduled for June 9, 2021. (Joyce, Alexandra) |
| Jun 2, 2021 | 502 | Reply Brief (5) Docket Text: REPLY BRIEF re [439] MOTION to Exclude and Strike Testimony of Paul Waadevig filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jun 1, 2021 | 498 | Letter (Main Document) (6) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding answering letter brief. (Attachments: # (1) Exhibits A-D)(Lemon, Brian) Modified on 6/1/2021 (nms). |
| Jun 1, 2021 | 498 | Letter (Exhibit A-D) (27) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding answering letter brief. (Attachments: # (1) Exhibits A-D)(Lemon, Brian) Modified on 6/1/2021 (nms). |
| May 28, 2021 | 497 | Redacted Document (Main Document) (6) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit A) (30) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit B) (16) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit C) (30) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit D) (16) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit E-F) (30) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit G) (30) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 28, 2021 | 497 | Redacted Document (Exhibit H-I) (10) Docket Text: REDACTED VERSION of [485] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E-F, # (6) Exhibit G, # (7) Exhibit H-I)(Moshos, Andrew) |
| May 26, 2021 | 486 | Redacted Document (30) Docket Text: REDACTED VERSION of [470] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Silver, Daniel) |
| May 26, 2021 | 487 | Redacted Document (30) Docket Text: REDACTED VERSION of [471] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| May 26, 2021 | 488 | Redacted Document (30) Docket Text: REDACTED VERSION of [472] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| May 26, 2021 | 489 | Redacted Document (30) Docket Text: REDACTED VERSION of [474] Answering Brief in Opposition, by Clearone, Inc.. (Moshos, Andrew) |
| May 26, 2021 | 490 | Redacted Document (12) Docket Text: REDACTED VERSION of [475] Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew) |
| May 26, 2021 | 491 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [473] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Pt. 2 of 2)(Joyce, Alexandra) |
| May 26, 2021 | 491 | Redacted Document (Pt. 2 of 2) (30) Docket Text: REDACTED VERSION of [473] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Pt. 2 of 2)(Joyce, Alexandra) |
| May 26, 2021 | 492 | Redacted Document (20) Docket Text: REDACTED VERSION of [476] Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew) |
| May 26, 2021 | 493 | Redacted Document (13) Docket Text: REDACTED VERSION of [477] Answering Brief in Opposition by Clearone, Inc.. (Moshos, Andrew) |
| May 26, 2021 | 494 | Redacted Document (Main Document) (13) Docket Text: REDACTED VERSION of [479] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 65-92)(Moshos, Andrew) |
| May 26, 2021 | 494 | Redacted Document (Exhibit 65-92) (30) Docket Text: REDACTED VERSION of [479] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 65-92)(Moshos, Andrew) |
| May 26, 2021 | 495 | Redacted Document (Main Document) (3) Docket Text: REDACTED VERSION of [480] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 93-119)(Moshos, Andrew) |
| May 26, 2021 | 495 | Redacted Document (Exhibit 93-119) (30) Docket Text: REDACTED VERSION of [480] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 93-119)(Moshos, Andrew) |
| May 26, 2021 | 496 | Redacted Document (30) Docket Text: REDACTED VERSION of [478] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| May 24, 2021 | 484 | Motion to Strike (6) Docket Text: MOTION to Strike - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 5/25/2021 (nms). |
| May 21, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [483] STIPULATION and Proposed Order to Extend Time to file public versions of Summary Judgment and Daubert briefs and related exhibits to May 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/21/2021. (mlc) |
| May 21, 2021 | 483 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend Time to file public versions of Summary Judgment and Daubert briefs and related exhibits to May 26, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) Modified on 5/21/2021 (nms). |
| May 19, 2021 | 481 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke, from Alexandra M. Joyce, Esq., regarding Oral Order (D.I. [468]). (Joyce, Alexandra) Modified on 5/19/2021 (nms). |
| May 19, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' May 19, 2021 letter, (D.I. [481]), hereby ORDERS as follows with respect to the June 9, 2021 hearing on case dispositive and Daubert Motions: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than June 3, 2021, 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) The Court will allow argument on any pending summary judgment and Daubert motions that the parties wish to argue, and ClearOne may additionally present argument on its anticipated motion to strike at the June 9, 2021 hearing.; (3) Two and a half hours will be allocated for the hearing, to be split evenly between the parties. The parties may make their own determinations as to how much time they wish to use to argue any particular motion.; (4) By no later than noon on June 3, 2021, the parties shall submit to the Court two courtesy copies of each of the relevant briefs (plus all supporting exhibits and declarations).; (5) By no later than June 4, 2021, the parties shall submit a joint letter informing the Court as to the order in which the motions will be argued. The parties shall also indicate whether any other motions (in addition to Plaintiffs' Daubert Motion to Exclude and Strike Testimony of Paul Waadevig) will be submitted on the papers to narrow the issues for the hearing.; and (6) By no later than 24 hours in advance of the hearing, the parties shall submit any slide presentations via e-mail to Ms. Benyo (copying the other side).Ordered by Judge Christopher J. Burke on 5/19/2021. (mlc) |
| May 12, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [469] STIPULATION TO EXTEND TIME for the parties to file answering briefs on Case Dispositive Motions and Daubert Motions and supporting materials to May 14, 2021 at 9:00 p.m. ET filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/12/2021. (dlb) |
| May 12, 2021 | 469 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to file answering briefs on Case Dispositive Motions and Daubert Motions and supporting materials to May 14, 2021 at 9:00 p.m. ET - filed by Clearone, Inc.. (Flynn, Michael) |
| May 11, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: With regard to the hearing on case dispositive and Daubert motions scheduled for June 9, 2021 at 11:00 a.m., (D.I. 73 at 14), the Court hereby ORDERS as follows: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) By May 19, 2021, the parties shall submit a joint letter indicating their views regarding: (a) whether the hearing should be held via a videoconference platform or in person; (b) how much time should be allocated for the hearing; and (c) whether any of the pending summary judgment and/or Daubert motions shall be submitted on the papers, or alternatively, whether the parties intend to present argument as to each such pending motion during the hearing. Ordered by Judge Christopher J. Burke on 5/11/2021. (dlb) |
| May 7, 2021 | 467 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) First Supplemental Expert Report of Thomas D. Vander Veen, Ph.D.; (2) Supplemental Infringement Expert Report of Paul Hatch In Support of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.; (3) Supplemental Expert Report of Ira M. Weinstein; (4) Plaintiffs' Amended Final Supplemental Identification of Defendant's Accused Products; and (5) Plaintiffs' Amended Final Infringement Contentions filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Apr 26, 2021 | 455 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [434] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) part 2)(Joyce, Alexandra) Modified on 4/27/2021 (nms). |
| Apr 26, 2021 | 455 | Redacted Document (Pt. 2 of 2) (30) Docket Text: REDACTED VERSION of [434] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) part 2)(Joyce, Alexandra) Modified on 4/27/2021 (nms). |
| Apr 26, 2021 | 456 | Redacted Document (4) Docket Text: REDACTED VERSION of [435] MOTION for Summary Judgment on ClearOne's Inventorship Defense by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 26, 2021 | 457 | Redacted Document (30) Docket Text: REDACTED VERSION of [438] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 26, 2021 | 458 | Redacted Document (30) Docket Text: REDACTED VERSION of [440] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 26, 2021 | 459 | Redacted Document (18) Docket Text: REDACTED VERSION of [442] Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew) |
| Apr 26, 2021 | 460 | Redacted Document (19) Docket Text: REDACTED VERSION of [444] Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew) |
| Apr 26, 2021 | 461 | Redacted Document (14) Docket Text: REDACTED VERSION of [446] Opening Brief in Support by Clearone, Inc.. (Moshos, Andrew) |
| Apr 26, 2021 | 462 | Redacted Document (18) Docket Text: REDACTED VERSION of [448] Opening Brief in Support, by Clearone, Inc.. (Moshos, Andrew) |
| Apr 26, 2021 | 463 | Redacted Document (16) Docket Text: REDACTED VERSION of [450] Opening Brief in Support, by Clearone, Inc.. (Moshos, Andrew) |
| Apr 26, 2021 | 464 | Redacted Document (30) Docket Text: REDACTED VERSION of [436] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 26, 2021 | 465 | Redacted Document (Main Document) (12) Docket Text: REDACTED VERSION of [451] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 1-7, # (2) Exhibit 8-28)(Moshos, Andrew) |
| Apr 26, 2021 | 465 | Redacted Document (Exhibit 1-7) (30) Docket Text: REDACTED VERSION of [451] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 1-7, # (2) Exhibit 8-28)(Moshos, Andrew) |
| Apr 26, 2021 | 465 | Redacted Document (Exhibit 8-28) (30) Docket Text: REDACTED VERSION of [451] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 1-7, # (2) Exhibit 8-28)(Moshos, Andrew) |
| Apr 26, 2021 | 466 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [452] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 29-54, # (2) Exhibit 55, # (3) Exhibit 56, # (4) Exhibit 57-64)(Moshos, Andrew) |
| Apr 26, 2021 | 466 | Redacted Document (Exhibit 29-54) (30) Docket Text: REDACTED VERSION of [452] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 29-54, # (2) Exhibit 55, # (3) Exhibit 56, # (4) Exhibit 57-64)(Moshos, Andrew) |
| Apr 26, 2021 | 466 | Redacted Document (Exhibit 55) (30) Docket Text: REDACTED VERSION of [452] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 29-54, # (2) Exhibit 55, # (3) Exhibit 56, # (4) Exhibit 57-64)(Moshos, Andrew) |
| Apr 26, 2021 | 466 | Redacted Document (Exhibit 56) (30) Docket Text: REDACTED VERSION of [452] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 29-54, # (2) Exhibit 55, # (3) Exhibit 56, # (4) Exhibit 57-64)(Moshos, Andrew) |
| Apr 26, 2021 | 466 | Redacted Document (Exhibit 57-64) (30) Docket Text: REDACTED VERSION of [452] Declaration,, by Clearone, Inc.. (Attachments: # (1) Exhibit 29-54, # (2) Exhibit 55, # (3) Exhibit 56, # (4) Exhibit 57-64)(Moshos, Andrew) |
| Apr 23, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [453] STIPULATION TO EXTEND TIME for the parties to file the public versions of Shure's Summary Judgment and Daubert briefing and related exhibits and ClearOne's Summary Judgment and Daubert briefing and related exhibits to April 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/23/2021. (dlb) |
| Apr 23, 2021 | 454 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Interrogatories (No. 17) filed by Clearone, Inc..(Flynn, Michael) |
| Apr 22, 2021 | 453 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for the parties to file the public versions of Shure's Summary Judgment and Daubert briefing and related exhibits and ClearOne's Summary Judgment and Daubert briefing and related exhibits to April 26, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Apr 21, 2021 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: PDF at D.I. 434 attachment #2 - Exhibits 28-57 has been replaced at the request of the filer. (dlb) |
| Apr 16, 2021 | 433 | Motion for Summary Judgment (Main Document) (2) Docket Text: MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 433 | Motion for Summary Judgment (Text of Proposed Order) (1) Docket Text: MOTION for Summary Judgment for Defendant's Business Tort Counterclaims and Affirmative Defense on Unclean Hands - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 437 | Motion for Miscellaneous Relief (Main Document) (2) Docket Text: MOTION to Exclude Testimony of Julia Rowe - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 16, 2021 | 437 | Motion for Miscellaneous Relief (Text of Proposed Order) (1) Docket Text: MOTION to Exclude Testimony of Julia Rowe - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 16, 2021 | 439 | Motion for Miscellaneous Relief (Main Document) (2) Docket Text: MOTION to Exclude and Strike Testimony of Paul Waadevig - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 16, 2021 | 439 | Motion for Miscellaneous Relief (Text of Proposed Order) (1) Docket Text: MOTION to Exclude and Strike Testimony of Paul Waadevig - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Text of Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 16, 2021 | 441 | Motion for Summary Judgment (4) Docket Text: MOTION for Summary Judgment of Invalidity - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 443 | Motion for Summary Judgment (3) Docket Text: MOTION for Summary Judgment of Non-Infringement - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 445 | Motion to Strike (5) Docket Text: MOTION to Strike Certain Opinions of Paul Hatch - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 447 | Motion for Summary Judgment (5) Docket Text: MOTION for Summary Judgment of No Lost Profits or Disgorgement for Shure's False Advertising Claims, and to Preclude Certain Opinions of Shure Expert Witness Dr. Thomas Vander Veen - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms). |
| Apr 16, 2021 | 449 | Motion for Partial Summary Judgment (4) Docket Text: MOTION for Partial Summary Judgment of No Liability for Certain Alleged False Statements - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 4/18/2021 (nms). |
| Apr 15, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [432] STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Case Dispositive Motions and Daubert Motions and Supporting Materials to Friday, April 16, 2021 at 9:00 p.m. ET filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 4/15/2021. (mlc) |
| Apr 15, 2021 | 432 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME the Deadline for the Parties to Submit Case Dispositive Motions and Daubert Motions and Supporting Materials to Friday, April 16, 2021 at 9:00 p.m. ET - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 12, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [431] Stipulation regarding the Aura Xceed BMA filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 4/12/2021. (mlc) |
| Apr 12, 2021 | 431 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Mar 24, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [427] Stipulation to Take an Expert Deposition Out of Time filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 3/23/2021. (dlb) |
| Mar 23, 2021 | 426 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Ira M. Weinstein; (2) Reply Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Expert Reply Report of Paul Hatch filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Mar 23, 2021 | 427 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order to Take an Expert Deposition Out of Time by Clearone, Inc.. (Moshos, Andrew) |
| Mar 23, 2021 | 428 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Ira Weinstein on April 5, 2021 filed by Clearone, Inc..(Moshos, Andrew) |
| Mar 23, 2021 | 429 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Paul Hatch on April 6, 2021 filed by Clearone, Inc..(Moshos, Andrew) |
| Mar 23, 2021 | 430 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Thomas Vander Veen on April 7, 2021 filed by Clearone, Inc..(Moshos, Andrew) |
| Mar 22, 2021 | 422 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Joel Delman on April 13, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Mar 22, 2021 | 423 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul G. Waadevig on April 1, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Mar 22, 2021 | 424 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Julia R. Rowe on April 9, 2021 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Mar 22, 2021 | 425 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Reply Expert Report of Joel Delman Regarding Non-Infringement and Invalidity of US Patent D865,723, (2) Expert Reply Report Regarding Damages, and (3) Reply Expert Report of Paul Waadevig filed by Clearone, Inc..(Moshos, Andrew) |
| Mar 10, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[421] STIPULATION TO EXTEND TIME for the parties to serve reply expert reports to March 22, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 3/10/2021. (dlb) |
| Mar 10, 2021 | 421 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to serve reply expert reports to March 22, 2021 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Feb 24, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [419] Stipulation regarding redacted version of the 9/21/2020 transcript pursuant to the Court's Order (D.I. 416) filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 2/24/2021. (dlb) |
| Feb 24, 2021 | 419 | Stipulation (Main Document) (2) Docket Text: STIPULATION and [Proposed] Order Entering Redacted September 21, 2020 Transcript, by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Moshos, Andrew) Modified on 2/24/2021 (nms). |
| Feb 24, 2021 | 419 | Stipulation (Exhibit 1) (30) Docket Text: STIPULATION and [Proposed] Order Entering Redacted September 21, 2020 Transcript, by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Moshos, Andrew) Modified on 2/24/2021 (nms). |
| Feb 23, 2021 | 417 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Joel Delman Regarding Infringement and Validity of US Patent D865,723, (2) Rebuttal Expert Report Regarding Damages, and (3) Responsive Expert Report of Paul Waadevig filed by Clearone, Inc..(Moshos, Andrew) |
| Feb 23, 2021 | 418 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Rebuttal Expert Report of Ira M. Weinstein; (2) Rebuttal Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Expert Report of Paul Hatch In Rebuttal to Opening Validity Report of Joel Delman filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Feb 19, 2021 | 416 | Order (2) Docket Text: ORDER GRANTING-IN-PART D.I. [380] MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 2/19/2021. (mlc) |
| Feb 9, 2021 | 415 | Transcript (70) Docket Text: Official Transcript of Teleconference held on 1/25/21 before Judge Christopher J. Burke. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. 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 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021. (Triozzi, Heather) |
| Feb 8, 2021 | 414 | Order (1) Docket Text: ORDER: The Report and Recommendation (D.I. [400]) is ADOPTED. The motion for a preliminary injunction (D.I. [153]) is DENIED. Signed by Judge Richard G. Andrews on 2/8/2021. (nms) |
| Feb 2, 2021 | 412 | Order (2) Docket Text: ORDER re D.I. [406] Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation filed by Clearone, Inc.. Signed by Judge Christopher J. Burke on 2/2/2021. (dlb) |
| Feb 2, 2021 | 413 | Redacted Document (15) Docket Text: REDACTED VERSION of D.I. [400] REPORT AND RECOMMENDATIONS re [153] MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (dlb) |
| Feb 1, 2021 | 410 | Order (1) Docket Text: ORDER: Plaintiffs Objections (D.I. [185]) are DISMISSED as moot and the motion for a limited TRO is DISMISSED as moot. Signed by Judge Richard G. Andrews on 2/1/2021. (nms) |
| Feb 1, 2021 | 411 | Redacted Document (Main Document) (7) Docket Text: REDACTED VERSION of [406] Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Feb 1, 2021 | 411 | Redacted Document (Exhibit A) (16) Docket Text: REDACTED VERSION of [406] Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Feb 1, 2021 | 411 | Redacted Document (Exhibit B) (16) Docket Text: REDACTED VERSION of [406] Joint Motion to Redact Portions of the January 20, 2021 Report and Recommendation by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Jan 28, 2021 | 409 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [403] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit 18-24)(Moshos, Andrew) |
| Jan 28, 2021 | 409 | Redacted Document (Exhibit 18-24) (28) Docket Text: REDACTED VERSION of [403] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit 18-24)(Moshos, Andrew) |
| Jan 27, 2021 | 407 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Expert Report of Ira M. Weinstein; (2) Expert Report of Thomas D. Vander Veen, Ph.D.; and (3) Infringement Expert Report of Paul Hatch In Support of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jan 27, 2021 | 408 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Opening Expert Report of Julia R. Rowe, (2) Opening Expert Report of Paul Waadevig, and (3) Opening Expert Report of Joel Delman filed by Clearone, Inc..(Moshos, Andrew) |
| Jan 25, 2021 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery Teleconference held on 1/25/2021. The Court heard argument regarding the parties discovery disputes, (D.I. 394). The Court granted-in-part Plaintiffs' request in the manner described on the teleconference. The Court denied Defendant's request. The transcript of today's teleconference shall serve as the substance of the Court's order. (Clerk, M. Crawford) Appearances: B. Lemon, E. Cook, D. Lefcowitz, V. Arezina for Plaintiffs; M. Flynn, S. Mishra for Defendant. (Court Reporter Jennifer Guy) (dlb) |
| Jan 21, 2021 | 402 | Redacted Document (30) Docket Text: REDACTED VERSION of [397] Letter, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jan 21, 2021 | 404 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [398] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-17)(Moshos, Andrew) Modified on 1/22/2021 (nms). |
| Jan 21, 2021 | 404 | Redacted Document (Exhibit 1-17) (30) Docket Text: REDACTED VERSION of [398] Letter, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-17)(Moshos, Andrew) Modified on 1/22/2021 (nms). |
| Jan 21, 2021 | 405 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding responding to Letter (D.I. [398]). (Attachments: # (1) Exhibits A-B)(Lemon, Brian) Modified on 1/22/2021 (nms). |
| Jan 21, 2021 | 405 | Letter (Exhibit A-B) (8) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding responding to Letter (D.I. [398]). (Attachments: # (1) Exhibits A-B)(Lemon, Brian) Modified on 1/22/2021 (nms). |
| Jan 20, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [401] STIPULATION TO EXTEND TIME to serve opening expert reports to January 26, 2021 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 1/20/2021. (dlb) |
| Jan 20, 2021 | 401 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to serve opening expert reports to January 26, 2021 - filed by Clearone, Inc.. (Flynn, Michael) |
| Jan 19, 2021 | 399 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Maxwell Coll as co-counsel. Reason for request: no longer with the firm. (Flynn, Michael) |
| Jan 14, 2021 | 396 | Order (1) Docket Text: ORDER: The Report and Recommendation (D.I. [389]) is ADOPTED in part and MODIFIED in part. Plaintiffs' motion to dismiss counterclaim and strike affirmative defense related to inequitable conduct (D.I. [312]) is DISMISSED without prejudice to renew once the stay of the '493 patent is lifted. Signed by Judge Richard G. Andrews on 1/14/2021. (nms) |
| Jan 13, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [395] Stipulation regarding R&R at D.I. 389 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 1/13/2021. (dlb) |
| Jan 12, 2021 | 395 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/13/2021 (nms). |
| Jan 8, 2021 | 394 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for a Teleconference to Resolve Discovery Dispute - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Joyce, Alexandra) Modified on 1/8/2021 (nms). |
| Jan 7, 2021 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' January 6, 2021 letter regarding the status of the inter partes review ("IPR") of the '493 patent, (D.I. 390), hereby ORDERS as follows: (1) The stay with respect to the '493 patent remains in effect pending resolution of ClearOne's appeal of the Final Written Decision and any cross appeal filed by Shure.; and (2) The parties shall file a status report within five days after the conclusion of the appeals process. Ordered by Judge Christopher J. Burke on 1/7/2021. (dlb) |
| Jan 7, 2021 | 392 | Letter (2) Docket Text: Letter to The Honorable Christopher J. Burke from Brian R. Lemon regarding the scheduling of a discovery teleconference. (Lemon, Brian) |
| Jan 7, 2021 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' January 7, 2021 letter requesting a discovery dispute teleconference regarding 2 discovery disputes. (D.I. 392) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to these disputes: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for January 25, 2021 at 2:00 p.m. before Judge Christopher J. Burke. (3) On January 14, 2021, any party seeking relief shall file with the Court a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On January 21, 2021, any party opposing the application for relief may file a letter, not to exceed three (3) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than January 21, 2021, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; and (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 1/7/2021. (dlb) |
| Jan 6, 2021 | 389 | Report and Recommendations (5) Docket Text: REPORT AND RECOMMENDATION recommending DENYING D.I. [312] MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct filed by Shure Acquisition Holdings, Inc., Shure Incorporated. 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 1/20/2021. Signed by Judge Christopher J. Burke on 1/6/2021. (mlc) |
| Jan 6, 2021 | 390 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding joint status report. (Lemon, Brian) Modified on 1/7/2021 (nms). |
| Dec 11, 2020 | 388 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Final Invalidity Contentions filed by Clearone, Inc..(Flynn, Michael) |
| Nov 30, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[380]. (nms) |
| Nov 30, 2020 | 387 | Redacted Document (Main Document) (18) Docket Text: REDACTED VERSION of [380] MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript by Clearone, Inc.. (Attachments: # (1) Exhibit A-B)(Moshos, Andrew) |
| Nov 30, 2020 | 387 | Redacted Document (Exhibit A-B) (30) Docket Text: REDACTED VERSION of [380] MOTION to Redact Portions of the September 21, 2020 Preliminary Injunction Hearing Transcript by Clearone, Inc.. (Attachments: # (1) Exhibit A-B)(Moshos, Andrew) |
| Nov 24, 2020 | 386 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Kevin Smith on December 2, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Nov 23, 2020 | 384 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Interrogatories (No. 21) filed by Clearone, Inc..(Flynn, Michael) |
| Nov 23, 2020 | 385 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Responses to Defendant ClearOne, Inc.'s Sixth Set of Interrogatories (Nos. 22-25); (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Responses to Defendant ClearOne, Inc.'s Eighth Set of Requests for Production (Nos. 116-119); (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Supplemental Responses to Defendant ClearOne, Inc.'s First Set of Interrogatories (Nos. 1-6) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Nov 19, 2020 | 382 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of Rob Klegon on November 24, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Nov 19, 2020 | 383 | Notice to Take Deposition (5) Docket Text: NOTICE to Take Deposition of John Miller on December 1, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Nov 17, 2020 | 381 | Proposed Order (2) Docket Text: PROPOSED Claim Construction Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 11/17/2020 (nms). |
| Nov 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [379] STIPULATION TO EXTEND TIME to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference (DI 365) to and including, November 17, 2020 (from November 16, 2020) filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 11/16/2020. (mlc) |
| Nov 16, 2020 | 378 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Requests for Admission (Nos. 12-21), (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fifth Set of Interrogatories (Nos. 22-25), and (3) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Requests for Production of Documents (Nos. 38-40) filed by Clearone, Inc..(Moshos, Andrew) |
| Nov 16, 2020 | 379 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION and Proposed Order to Extend Time to File a Motion for a Redaction Request to and including, November 17, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 11/17/2020 (nms). |
| Nov 15, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [377] STIPULATION TO EXTEND TIME the Deadline to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference to November 16, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated Ordered by Judge Christopher J. Burke on 11/15/2020. (mlc) |
| Nov 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I.[372] MOTION for Pro Hac Vice Appearance of Attorney Michael K. Acquah filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 11/13/2020. (dlb) |
| Nov 13, 2020 | 377 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME the Deadline to File a Motion for a Redaction Request Regarding the 9/21/2020 Oral Argument Videoconference to November 16, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Nov 12, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: As no objections have been filed, the Report and Recommendation (D.I. [359]) is ADOPTED. Within five days the parties are to submit a proposed order consistent with the Report and Recommendation. Ordered by Judge Richard G. Andrews on 11/12/2020. (nms) |
| Nov 12, 2020 | 376 | Notice (Other) (30) Docket Text: NOTICE of Subpoenas (Valcom, Inc., Lowell Manufacturing, Applied Applications International LLC, Johnson Controls, Inc., McNichols Company, Nailor Industries, Inc., and Tropical Music Export Enterprises, Inc.) by Clearone, Inc. (Flynn, Michael) |
| Nov 11, 2020 | 373 | Notice of Service (2) Docket Text: NOTICE of Service of (1) Plaintiffs Final Supplemental Identification of Defendants Accused Products and (2) Plaintiffs Final Infringement Contentions, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 11/12/2020 (nms). |
| Nov 11, 2020 | 374 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Requests for Production of Documents (Nos. 31-37) filed by Clearone, Inc..(Flynn, Michael) |
| Nov 10, 2020 | 372 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael K. Acquah - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) |
| Nov 6, 2020 | 371 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of John Miller on November 10, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Nov 4, 2020 | 370 | Notice of Service (2) Docket Text: NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections to Defendant Clearone, Inc.s Sixth Set of Requests for Production (Nos. 114-121), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 11/4/2020 (nms). |
| Oct 28, 2020 | 369 | Notice of Intent to Request Transcript Redaction (2) Docket Text: Joint Notice of Intent to Request Redaction (re D.I. [365]), by Alexandra M. Joyce. (Joyce, Alexandra) Modified on 10/29/2020 (nms). |
| Oct 26, 2020 | 368 | Notice of Service (2) Docket Text: NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections to Defendant Clearone, Inc.s Notice of 30(b)(6) Video Deposition of Shure Incorporated, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 10/26/2020 (nms). |
| Oct 23, 2020 | 366 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Objections and Responses to Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Notice of Video Deposition of ClearOne, Inc. Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by Clearone, Inc..(Flynn, Michael) |
| Oct 23, 2020 | 367 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Eighth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. and (2) Defendant ClearOne, Inc.'s Sixth Set of Interrogatories (Nos. 22-25) Pursuant to Order Setting Hearing on Preliminary Injunction filed by Clearone, Inc..(Flynn, Michael) |
| Oct 22, 2020 | 362 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Cassie Berger on November 11, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Oct 22, 2020 | 363 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Joe DiFalco on November 20, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Oct 22, 2020 | 364 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Tim Valley on November 17, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Oct 16, 2020 | 360 | Redacted Document (10) Docket Text: REDACTED VERSION of [354] Notice (Other) by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Oct 16, 2020 | 361 | Notice of Service (3) Docket Text: NOTICE of Service of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Requests for Admission to Defendant Clearone, Inc. (Nos. 12-21); (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fifth Set of Interrogatories to Defendant Clearone, Inc. (Nos. 22-25); and (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fourth Set of Requests for Production of Documents to Defendant Clearone, Inc. (Nos. 38-40), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 10/16/2020 (nms). |
| Oct 15, 2020 | 359 | Report and Recommendations (26) Docket Text: REPORT AND RECOMMENDATION regarding 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 10/29/2020. Signed by Judge Christopher J. Burke on 10/15/2020. (mlc) |
| Oct 13, 2020 | 357 | Notice to Take Deposition (9) Docket Text: NOTICE to Take Deposition of Shure Incorporated on November 12, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Oct 13, 2020 | 358 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Christine Schyvinck on November 9, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Oct 12, 2020 | 355 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne's Supplemental Identification of Invalidity References filed by Clearone, Inc..(Moshos, Andrew) |
| Oct 12, 2020 | 356 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Requests for Production of Documents to Defendant Clearone, Inc. (Nos. 31-37) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Oct 5, 2020 | 353 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Sixth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Flynn, Michael) |
| Sep 30, 2020 | 351 | Order (2) Docket Text: ORDER granting D.I. [310] Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript. Signed by Judge Christopher J. Burke on 9/30/2020. (dlb) |
| Sep 28, 2020 | 350 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Jason Ambion on October 27, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Sep 21, 2020 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 9/21/2020 regarding D.I. [153] MOTION for Preliminary Injunction filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Witnesses sworn. The Court heard argument from the parties. The Court took the matter under advisement and will issue a written opinion. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: B. Lemon, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English, A. Boyer for Plaintiffs; M. Flynn, A. Moshos, D. Dixon, C. Rayburn, K. Younkins, M. Coll, S. Mishra for Defendant. (mlc) |
| Sep 21, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [346] STIPULATION TO EXTEND TIME the deadline for Defendant to submit a Public Version of its Sur-Reply to Plaintiffs Motion for a Preliminary Injunction and Declaration (DI 340 & 341) to September 21, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 9/21/2020. (mlc) |
| Sep 21, 2020 | 348 | Redacted Document (18) Docket Text: REDACTED VERSION of [340] Sur-Reply Brief by Clearone, Inc.. (Moshos, Andrew) |
| Sep 21, 2020 | 349 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [341] Declaration by Clearone, Inc.. (Attachments: # (1) Exhibit 60-68)(Moshos, Andrew) |
| Sep 21, 2020 | 349 | Redacted Document (Exhibit 60-68) (30) Docket Text: REDACTED VERSION of [341] Declaration by Clearone, Inc.. (Attachments: # (1) Exhibit 60-68)(Moshos, Andrew) |
| Sep 18, 2020 | 345 | Notice of Service (4) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s First Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Interrogatory No. 20 filed by Clearone, Inc..(Moshos, Andrew) |
| Sep 18, 2020 | 346 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME the deadline for Defendant to submit a Public Version of its Sur-Reply to Plaintiffs Motion for a Preliminary Injunction and Declaration (DI 340 & 341) to September 21, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Sep 17, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Vladimir I. Arezina for Shure Acquisition Holdings, Inc. and Shure Incorporated 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) |
| Sep 17, 2020 | 344 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding interim status report. (Lemon, Brian) Modified on 9/18/2020 (nms). |
| Sep 16, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [338] MOTION for Pro Hac Vice Appearance of Attorney Vladimir I. Arezina filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 9/16/2020. (dlb) |
| Sep 16, 2020 | 343 | Notice of Change of Address (2) Docket Text: NOTICE of Change of Address by Alexandra M. Joyce (Joyce, Alexandra) |
| Sep 14, 2020 | 342 | Redacted Document (8) Docket Text: REDACTED VERSION of [335] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Sep 11, 2020 | 338 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vladimir I. Arezina - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for Vladimir I. Arezina)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Sep 11, 2020 | 338 | Motion for Leave to Appear Pro Hac Vice (Certification for Vladimir I. Arezina) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vladimir I. Arezina - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for Vladimir I. Arezina)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Sep 11, 2020 | 339 | Notice of Service (2) Docket Text: NOTICE Of Service of Plaintiffs Supplemental Identification of Defendants Accused Products, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 9/11/2020 (nms). |
| Sep 9, 2020 | 336 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Cliff Christensen on October 7, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Sep 9, 2020 | 337 | Redacted Document (30) Docket Text: REDACTED VERSION of [328] Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Sep 3, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [334] STIPULATION TO EXTEND TIME to file the public versions of Shure's Reply Brief and related exhibits to September 9, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 9/3/2020. (dlb) |
| Sep 3, 2020 | 334 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to file the public versions of Shure's Reply Brief and related exhibits to September 9, 2020 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Sep 2, 2020 | 333 | Notice of Service (2) Docket Text: NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Supplemental Objections and Responses to Defendant Clearone, Inc.s Interrogatories (Nos. 16-18), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 9/2/2020 (nms). |
| Sep 1, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties August 31, 2020 letter, (D.I. 330), hereby ORDERS as follows with respect to the September 21, 2020 hearing on Plaintiffs' Motion for a Preliminary Injunction: (1) The hearing will be held via videoconference using the Skype for Business platform. By no later than September 14, 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) Three hours will be allocated for the hearing, to be split evenly between the parties.; (3) ClearOne's suggestions with respect to the structure of hearing are adopted. (D.I. 330 at 4-5); (4) ClearOnes unopposed request for a 5-page extension to its sur-reply brief is GRANTED.; and (5) ClearOnes request to introduce additional evidence in its sur-reply brief to directly respond to Shure's arguments in its reply brief is GRANTED for the reasons set out by ClearOne. (Id. at 3-4). Ordered by Judge Christopher J. Burke on 9/1/2020. (dlb) |
| Aug 31, 2020 | 329 | Reply Brief (15) Docket Text: REPLY BRIEF re [312] MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) |
| Aug 31, 2020 | 330 | Letter (5) Docket Text: Joint Letter to the Honorable Christopher J. Burke from Brian R. Lemon regarding Preliminary Injunction Hearing - re [304] Oral Order,,,. (Lemon, Brian) |
| Aug 31, 2020 | 331 | Proposed Order (1) Docket Text: PROPOSED Order to Extend Page Limits, by Clearone, Inc.. (Flynn, Michael) Modified on 9/1/2020 (nms). |
| Aug 27, 2020 | 327 | Transcript (196) Docket Text: Official Transcript of Videoconference held on 7/28/20 before Judge Christopher J. Burke. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. 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 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/25/2020. (Triozzi, Heather) |
| Aug 25, 2020 | 325 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Zee Hakimoglu on October 8, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Aug 25, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' August 24, 2020 letter regarding the inter partes review ("IPR") of the '493 patent, (D.I. 324), hereby ORDERS as follows: (1) At this time, the stay with respect to the '493 patent remains in effect; and (2) Because the parties appear to agree that no discovery with respect to the '493 patent should go forward pending a decision on whether there will be an appeal by either side to the IPR, (D.I. 324 at 1), the parties shall provide a status report within three days after the appeals deadline, indicating whether any party has appealed and their respective views regarding whether and when the stay on the '493 patent should be lifted. Ordered by Judge Christopher J. Burke on 8/25/2020. (dlb) |
| Aug 24, 2020 | 323 | Answering Brief in Opposition (Main Document) (25) Docket Text: ANSWERING BRIEF in Opposition re [312] MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct, filed by Clearone, Inc..Reply Brief due date per Local Rules is 8/31/2020. (Attachments: # (1) Exhibits 1-3)(Flynn, Michael) Modified on 8/25/2020 (nms). |
| Aug 24, 2020 | 323 | Answering Brief in Opposition (Exs. 1-3) (30) Docket Text: ANSWERING BRIEF in Opposition re [312] MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct, filed by Clearone, Inc..Reply Brief due date per Local Rules is 8/31/2020. (Attachments: # (1) Exhibits 1-3)(Flynn, Michael) Modified on 8/25/2020 (nms). |
| Aug 24, 2020 | 324 | Letter (Main Document) (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Inter Partes Review of Shure's U.S. Patent No. 9,565,493. (Attachments: # (1) Exhibit 1 - 2)(Lemon, Brian) |
| Aug 24, 2020 | 324 | Letter (Exhibit 1 - 2) (30) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Inter Partes Review of Shure's U.S. Patent No. 9,565,493. (Attachments: # (1) Exhibit 1 - 2)(Lemon, Brian) |
| Aug 21, 2020 | 322 | Notice of Service (2) Docket Text: NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.'s Fourth and Fifth Sets of Requests for Production (Nos. 106-113), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 8/21/2020 (nms). |
| Aug 20, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[310]. (nms) |
| Aug 20, 2020 | 321 | Redacted Document (Main Document) (23) Docket Text: REDACTED VERSION of [310] Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript and in Response to D.I. [299] by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Aug 20, 2020 | 321 | Redacted Document (Exhibit A) (30) Docket Text: REDACTED VERSION of [310] Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript and in Response to D.I. [299] by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Aug 20, 2020 | 321 | Redacted Document (Exhibit B) (30) Docket Text: REDACTED VERSION of [310] Revised Joint Motion to Redact Portions of April 28, 2020 Hearing Transcript and in Response to D.I. [299] by Clearone, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Moshos, Andrew) |
| Aug 19, 2020 | 320 | Notice (Other) (30) Docket Text: NOTICE of Subpoenas by Clearone, Inc. (Flynn, Michael) |
| Aug 18, 2020 | 319 | Notice of Service (2) Docket Text: NOTICE of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Supplemental Objections and Responses to Defendant Clearone, Inc.'s Fourth Set of Interrogatories (No. 13), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 8/18/2020 (nms). |
| Aug 17, 2020 | 318 | Notice of Service (8) Docket Text: NOTICE OF SERVICE of Subpoenas, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 8/18/2020 (nms). |
| Aug 14, 2020 | 315 | Redacted Document (30) Docket Text: REDACTED VERSION of [301] Answering Brief in Opposition, by Clearone, Inc.. (Moshos, Andrew) |
| Aug 14, 2020 | 316 | Redacted Document (Main Document) (7) Docket Text: REDACTED VERSION of [302] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 316 | Redacted Document (Vol. 1-Ex. 1) (30) Docket Text: REDACTED VERSION of [302] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 316 | Redacted Document (Vol. 1-Ex. 2) (30) Docket Text: REDACTED VERSION of [302] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 316 | Redacted Document (Vol. 1-Ex. 3) (30) Docket Text: REDACTED VERSION of [302] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 317 | Redacted Document (Main Document) (7) Docket Text: REDACTED VERSION of [303] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibits 4-30, # (2) Exhibits 31-59)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 317 | Redacted Document (Vol. 2-Exs. 4-30) (30) Docket Text: REDACTED VERSION of [303] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibits 4-30, # (2) Exhibits 31-59)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 14, 2020 | 317 | Redacted Document (Vol. 2-Exs. 31-59) (30) Docket Text: REDACTED VERSION of [303] Declaration, by Clearone, Inc.. (Attachments: # (1) Exhibits 4-30, # (2) Exhibits 31-59)(Moshos, Andrew) Modified on 8/17/2020 (nms). |
| Aug 11, 2020 | 314 | Answer to Counterclaim (13) Docket Text: ANSWER to [295] Amended Answer to Complaint,, Counterclaim, by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Aug 10, 2020 | 312 | Motion to Dismiss (Main Document) (2) Docket Text: MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 312 | Motion to Dismiss (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss Counterclaim and Strike Affirmative Defense Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 313 | Opening Brief in Support (Main Document) (25) Docket Text: OPENING BRIEF in Support re [312] MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: # (1) Exhibits A-B, # (2) Exhibit C part 1, # (3) Exhibit C. part 2, # (4) Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 313 | Opening Brief in Support (Exhibit A-B) (30) Docket Text: OPENING BRIEF in Support re [312] MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: # (1) Exhibits A-B, # (2) Exhibit C part 1, # (3) Exhibit C. part 2, # (4) Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 313 | Opening Brief in Support (Exhibit Ex. C Pt. 1) (30) Docket Text: OPENING BRIEF in Support re [312] MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: # (1) Exhibits A-B, # (2) Exhibit C part 1, # (3) Exhibit C. part 2, # (4) Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 313 | Opening Brief in Support (Exhibit Ex. C. Pt. 2) (30) Docket Text: OPENING BRIEF in Support re [312] MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: # (1) Exhibits A-B, # (2) Exhibit C part 1, # (3) Exhibit C. part 2, # (4) Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 10, 2020 | 313 | Opening Brief in Support (Exhibit D-M) (30) Docket Text: OPENING BRIEF in Support re [312] MOTION to Dismiss Counterclaim and Strike Defendant's Affirmative Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 8/24/2020. (Attachments: # (1) Exhibits A-B, # (2) Exhibit C part 1, # (3) Exhibit C. part 2, # (4) Exhibits D-M)(Lemon, Brian) Modified on 8/10/2020 (nms). |
| Aug 7, 2020 | 311 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Requests for Admission (Nos. 1-11) and (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Fourth Set of Interrogatories (Nos. 20-21) - filed by Clearone, Inc..(Flynn, Michael) |
| Aug 5, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [309] STIPULATION TO EXTEND TIME to file public versions of of the Answering Brief in Opposition to Shures Motion for Preliminary Injunction and the Declarations of Christina Von der Ahe Rayburn and attached exhibits to August 14, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 8/5/2020. (mlc) |
| Aug 5, 2020 | 309 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME to file public versions of of the Answering Brief in Opposition to Shures Motion for Preliminary Injunction and the Declarations of Christina Von der Ahe Rayburn and attached exhibits to August 14, 2020 - filed by Clearone, Inc.. (Moshos, Andrew) |
| Aug 4, 2020 | 306 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Joel Delman on Tuesday, August 25, 2020 at 12:00 p.m. (PDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Aug 4, 2020 | 307 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Michael P. Hudson on Friday August 14, 2020 at 10:00 am (EDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Aug 4, 2020 | 308 | Notice to Take Deposition (3) Docket Text: NOTICE to Take Deposition of Paul G. Waadevig on Thursday, August 20, 2020 at 9:00 a.m. (PDT) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Aug 3, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court HEREBY ORDERS as follows regarding the September 21, 2020 preliminary injunction hearing: (1) By August 31, 2020, the parties shall submit a joint letter indicating: (a) their view as to how much time should be allocated for the preliminary injunction hearing; (b) whether they currently intend to provide live testimony at the hearing, and, if so, the identity of the witnesses they intend to call; and (c) their views regarding how the hearing should work from a logistical perspective in the event that it must be converted to a videoconference hearing using the Skype for Business platform in light of the COVID-19 pandemic.; and (2) By September 14, 2020, the parties shall submit to the Court two hard copies of the answering brief, reply brief, and sur-reply brief and accompanying exhibits/declarations. Ordered by Judge Christopher J. Burke on 8/3/2020. (mlc) |
| Aug 3, 2020 | 305 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [295] Amended Answer to Complaint,, Counterclaim, by Clearone, Inc.. (Attachments: # (1) Exhibit 1-14)(Moshos, Andrew) |
| Aug 3, 2020 | 305 | Redacted Document (Exhibit 1-14) (30) Docket Text: REDACTED VERSION of [295] Amended Answer to Complaint,, Counterclaim, by Clearone, Inc.. (Attachments: # (1) Exhibit 1-14)(Moshos, Andrew) |
| Jul 31, 2020 | N/A | Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' joint motion to redact the April 28, 2020 transcript from the TRO hearing ("Motion"), (D.I. [288]), notes that: (1) The Motion is almost two months late, but the parties provide no explanation as to why that is.; (2) The Motion requests a significant amount of redactions.; (3) Some of those proposed redactions appear to seek redaction of material that was not redacted in the Court's Report and Recommendation regarding Plaintiffs' request for a TRO (compare D.I. 184 at 8 n.7 (leaving unredacted "Sales of Defendant's BMA CT product are also dwarfed by the MXA910 product's sales) with certain of the proposed redactions on page 135 and page 167 of the hearing transcript).; and (4) The Court has a hard time understanding how certain of the other proposed redactions relate to material that is actually proprietary and confidential (see, e.g., the proposed redactions on page 125, or the second proposed redaction on page 128, or the first proposed redaction on page 135, or the first few proposed redactions on page 167 of the hearing transcript). In light of all this, the Court hereby ORDERS as follows: (1) By no later than August 7, 2020, the parties shall jointly file a revised motion seeking redactions to the April 28, 2020 hearing transcript ("the revised Motion"); (2) the revised Motion will contain an explanation for the parties' delay in filing the original Motion; and (3) the revised Motion shall include a chart that lists every proposed redaction sought in a left-hand-side column, and a detailed explanation of the rationale for the proposed redaction in a right-hand-side column. Ordered by Judge Christopher J. Burke on 7/31/2020. (mlc) |
| Jul 31, 2020 | 300 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Fifth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Moshos, Andrew) |
| Jul 30, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[289]. (nms) |
| Jul 30, 2020 | 297 | Redacted Document (30) Docket Text: REDACTED VERSION of [289] Exhibit to a Document by Clearone, Inc.. (Moshos, Andrew) |
| Jul 30, 2020 | 298 | Redacted Document (Main Document) (2) Docket Text: REDACTED VERSION of [296] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Moshos, Andrew) |
| Jul 30, 2020 | 298 | Redacted Document (Exhibit A) (10) Docket Text: REDACTED VERSION of [296] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Moshos, Andrew) |
| Jul 28, 2020 | N/A | Markman Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 7/28/2020. The Court took the matter under advisement and will issue an opinion. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford) Appearances: B. Lemon, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English, A. Boyer for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, M. Coll for Defendant. (mlc) |
| Jul 22, 2020 | 292 | Redacted Document (30) Docket Text: REDACTED VERSION of [284] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jul 22, 2020 | 293 | Redacted Document (Main Document) (4) Docket Text: REDACTED VERSION of [266] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit A-G)(Flynn, Michael) |
| Jul 22, 2020 | 293 | Redacted Document (Exhibit A-G) (30) Docket Text: REDACTED VERSION of [266] Letter by Clearone, Inc.. (Attachments: # (1) Exhibit A-G)(Flynn, Michael) |
| Jul 22, 2020 | 294 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.s Fourth Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Flynn, Michael) |
| Jul 21, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[266]. (nms) |
| Jul 21, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant ClearOne, Inc.'s ("ClearOne") request that Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc. ("Shure") be compelled to provide a full response to Interrogatory No. 13 (the "Motion"), (D.I. 260), and the parties' letter briefs relating thereto, (D.I. 266; D.I. 284), and having heard argument on July 20, 2020, HEREBY GRANTS-IN-PART ClearOne's Motion as follows: (1) On the one hand, surely some of the information requested by Interrogatory No. 13 would likely be relevant to ClearOne's defenses and counterclaims for the reasons set out in ClearOne's letter. (D.I. 266 at 1-2); (2) On the other hand, requiring Shure to respond to Interrogatory No. 13 as written would clearly be burdensome to Shure, as is set out in the helpful Declaration of Mr. Schanz. (D.I. 284, ex. C); (3) In light of the competing concerns here (and some of the parties' concessions during oral argument) the Court believes a fair balance would require Shure to provide a response to Interrogatory No. 13 that is further limited to: (a) oral communications (b) made after August 6, 2019 (c) involving some subset of the entire group of employees referenced in the Interrogatory (i.e., those most likely, in light of their position at Shure, to have had the communications at issue) and (d) involving communications made to the customers that ClearOne identified in its response to Shure's Interrogatory No. 3 and/or communications made to any customers regarding the three specific false statements identified in ClearOne's Counterclaims, (D.I. 232 at 11-16). (4) By no later than July 28, 2020, the parties shall meet and confer to attempt to reach agreement with respect to the subset of employees referenced above in (3)(c) and provide a status report to the Court; and by no later than August 18, 2020, absent further order of the Court, Shure shall provide such a supplemental response to Interrogatory No. 13. Ordered by Judge Christopher J. Burke on 7/21/2020. (dlb) |
| Jul 20, 2020 | N/A | Deficiency Notice (0) Docket Text: DEFICIENCY NOTICE by the Court issued to Clearone, Inc. re [289] Sealed Exhibit A. The Court notes that Sealed Exhibit filed at D.I. 289 lacks a certificate of service. The filer is to supplement the docket accordingly. (nms) |
| Jul 20, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 7/20/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 260). The Court took the motion under advisement and will issue an order shortly. (Court Reporter John Donnelly. Clerk: M. Crawford) Appearances: A. Joyce, B. Lemon, E. Cook and A. Boyer for Plaintiffs; M. Flynn, D. Dixon, M. Coll for Defendant. (mlc) |
| Jul 20, 2020 | 290 | Certificate of Service (2) Docket Text: CERTIFICATE OF SERVICE of Exhibit A (D.I. [289]), by Clearone, Inc.. (Moshos, Andrew) Modified on 7/20/2020 (nms). |
| Jul 17, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The exhibit filed at D.I. 289 has been removed from the docket as the filing was improperly formatted. The filing lack a captioned titled cover page. Counsel is to refile the exhibit accordingly. (nms) |
| Jul 17, 2020 | 288 | Motion for Miscellaneous Relief (Main Document) (6) Docket Text: Joint Motion to Redact Portions of the April 28, 2020 Hearing Transcript (D.I. [178]) - filed by Clearone, Inc.. (Attachments: # (1) Exhibit B) Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 7/17/2020 (nms). |
| Jul 17, 2020 | 288 | Motion for Miscellaneous Relief (Exhibit B) (30) Docket Text: Joint Motion to Redact Portions of the April 28, 2020 Hearing Transcript (D.I. [178]) - filed by Clearone, Inc.. (Attachments: # (1) Exhibit B) Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 7/17/2020 (nms). |
| Jul 16, 2020 | 285 | Notice (Other) (2) Docket Text: NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute - by Clearone, Inc. re [256] Order Setting Teleconference,,,,, (Moshos, Andrew) |
| Jul 16, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. 285 ), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively for the discovery dispute teleconference scheduled for July 20, 2020. Ordered by Judge Christopher J. Burke on 7/16/2020. (dlb) |
| Jul 16, 2020 | 287 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Amended Subpoena, by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Flynn, Michael) Modified on 7/17/2020 (nms). |
| Jul 16, 2020 | 287 | Notice (Other) (Exhibit A) (6) Docket Text: NOTICE of Amended Subpoena, by Clearone, Inc.. (Attachments: # (1) Exhibit A)(Flynn, Michael) Modified on 7/17/2020 (nms). |
| Jul 15, 2020 | 283 | Notice of Service (23) Docket Text: NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Jul 14, 2020 | 268 | Redacted Document (30) Docket Text: REDACTED VERSION of [238] Joint Claim Construction Brief by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) |
| Jul 14, 2020 | 269 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 2 of 7) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 3 of 7) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 4 of 7) (26) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 5 of 7) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 6 of 7) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 269 | Redacted Document (Pt. 7 of 7) (30) Docket Text: REDACTED VERSION of [239] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4, # (4) Part 5, # (5) Part 6, # (6) Part 7)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 270 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [240] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 270 | Redacted Document (Pt. 2 of 4) (30) Docket Text: REDACTED VERSION of [240] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 270 | Redacted Document (Pt. 3 of 4) (30) Docket Text: REDACTED VERSION of [240] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 270 | Redacted Document (Pt. 4 of 4) (25) Docket Text: REDACTED VERSION of [240] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 271 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [241] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 271 | Redacted Document (2 of 4) (30) Docket Text: REDACTED VERSION of [241] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 271 | Redacted Document (3 of 4) (30) Docket Text: REDACTED VERSION of [241] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 271 | Redacted Document (4 of 4) (30) Docket Text: REDACTED VERSION of [241] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3, # (3) Part 4)(Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 272 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [242] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 272 | Redacted Document (Pt. 2 of 2) (30) Docket Text: REDACTED VERSION of [242] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 273 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [243] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 273 | Redacted Document (Pt. 2 of 2) (30) Docket Text: REDACTED VERSION of [243] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 274 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [245] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 274 | Redacted Document (Pt. 2 of 2) (23) Docket Text: REDACTED VERSION of [245] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 274 | Redacted Document (Pt. 3 of 3) (17) Docket Text: REDACTED VERSION of [245] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Part 2, # (2) Part 3)(Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 275 | Redacted Document (30) Docket Text: REDACTED VERSION of [246] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 276 | Redacted Document (30) Docket Text: REDACTED VERSION of [248] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 277 | Redacted Document (30) Docket Text: REDACTED VERSION of [249] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 278 | Redacted Document (30) Docket Text: REDACTED VERSION of [244] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 279 | Redacted Document (30) Docket Text: REDACTED VERSION of [247] Exhibits, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 280 | Claim Construction Chart (4) Docket Text: Amended Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 7/15/2020 (nms). |
| Jul 14, 2020 | 281 | Letter (2) Docket Text: Joint Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding amended Joint Claim Construction Chart. (Lemon, Brian) Modified on 7/14/2020 (nms). |
| Jul 14, 2020 | 282 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Interrogatories (Nos. 16 & 17) and (2) ClearOne, Inc.'s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (No. 12) filed by Clearone, Inc..(Flynn, Michael) |
| Jul 13, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [267] Stipulation to Extend Page Limits filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/13/2020. (mlc) |
| Jul 10, 2020 | 267 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order to Extend Page Limits, by Clearone, Inc.. (Moshos, Andrew) Modified on 7/10/2020 (nms). |
| Jul 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [264] STIPULATION TO EXTEND TIME for ClearOne to respond to Shure's Motion to Dismiss Defendant's Counterclaims and Motion to Strike Defendant's Affirmative Defenses Related to Inequitable Conduct (D.I. 258) to July 27, 2020 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 7/9/2020. (dlb) |
| Jul 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [265] STIPULATION TO EXTEND TIME to Submit Public Versions of the Joint Claim Construction Brief and Related Exhibits 1-65 to and including Tuesday, July 14, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 7/9/2020. (dlb) |
| Jul 9, 2020 | 265 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION TO EXTEND TIME to Submit Public Versions of the Joint Claim Construction Brief and Related Exhibits 1-65 to and including Tuesday, July 14, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Jul 8, 2020 | 263 | Notice of Service (2) Docket Text: NOTICE Of Service of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Requests for Admission to Defendant Clearone, Inc. (Nos. 1-11), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Fourth Set of Interrogatories to Defendant Clearone, Inc., (Nos. 20-21), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 7/8/2020 (nms). |
| Jul 8, 2020 | 264 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for ClearOne to respond to Shure's Motion to Dismiss Defendant's Counterclaims and Motion to Strike Defendant's Affirmative Defenses Related to Inequitable Conduct (D.I. 258) to July 27, 2020 - filed by Clearone, Inc.. (Flynn, Michael) |
| Jul 7, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The exhibits filed at D.I. 260 through D.I. 267 have been removed from the docket. The exhibits are to be filed in a more efficient multi-volume set with captioned cover pages on each volume (i.e. it was identified that one volume was only 66 pages, and other volumes had no captioned cover pages identifying the designated volume). (nms) |
| Jul 7, 2020 | 260 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference to Resolve Discovery Dispute - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Moshos, Andrew) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 261 | Exhibit to a Document (Main Document) (1) Docket Text: EXHIBITS, Volume 1 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C, # (2) Exhibit D Part 1, # (3) Exhibit D Part 2, # (4) Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 261 | Exhibit to a Document (Exhibit A-C) (30) Docket Text: EXHIBITS, Volume 1 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C, # (2) Exhibit D Part 1, # (3) Exhibit D Part 2, # (4) Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 261 | Exhibit to a Document (Exhibit D (Part 1 of 3)) (30) Docket Text: EXHIBITS, Volume 1 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C, # (2) Exhibit D Part 1, # (3) Exhibit D Part 2, # (4) Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 261 | Exhibit to a Document (Exhibit D (Part 2 of 3)) (30) Docket Text: EXHIBITS, Volume 1 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C, # (2) Exhibit D Part 1, # (3) Exhibit D Part 2, # (4) Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 261 | Exhibit to a Document (Exhibit D (Part 3 of 3)) (30) Docket Text: EXHIBITS, Volume 1 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C, # (2) Exhibit D Part 1, # (3) Exhibit D Part 2, # (4) Exhibit D Part 3)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 262 | Exhibit to a Document (Main Document) (1) Docket Text: EXHIBITS, Volume 2 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits E-N, # (2) Exhibit O Part 1, # (3) Exhibit O Part 2, # (4) Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 262 | Exhibit to a Document (Exhibit E-N) (30) Docket Text: EXHIBITS, Volume 2 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits E-N, # (2) Exhibit O Part 1, # (3) Exhibit O Part 2, # (4) Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 262 | Exhibit to a Document (Exhibit O (Part 1 of 2)) (30) Docket Text: EXHIBITS, Volume 2 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits E-N, # (2) Exhibit O Part 1, # (3) Exhibit O Part 2, # (4) Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 262 | Exhibit to a Document (Exhibit O (Part 2 of 2)) (30) Docket Text: EXHIBITS, Volume 2 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits E-N, # (2) Exhibit O Part 1, # (3) Exhibit O Part 2, # (4) Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 7, 2020 | 262 | Exhibit to a Document (Exhibit P-U) (30) Docket Text: EXHIBITS, Volume 2 re [259] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits E-N, # (2) Exhibit O Part 1, # (3) Exhibit O Part 2, # (4) Exhibits P-U)(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 6, 2020 | 254 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Elizabeth Cho on July 7, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Jul 6, 2020 | 255 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of John Miller on July 10, 2020 filed by Clearone, Inc..(Flynn, Michael) (Main Document 255 replaced on 7/6/2020) (dlb). Modified on 7/6/2020 (dlb). |
| Jul 6, 2020 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' July 2, 2020 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 253) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for July 20, 2020 at 10:00 a.m. before Judge Christopher J. Burke. (3) On July 9, 2020, the party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issue in dispute and its position on that issue. On July 15, 2020, the party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party reasons for its opposition.; (4) By no later than July 15, 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 (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 7/6/2020. (dlb) |
| Jul 6, 2020 | 257 | Answer to Counterclaim (11) Docket Text: ANSWER to [232] Answer to Amended Complaint, Affirmative Defensense, and Counterclaims, by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 7/7/2020 (nms). |
| Jul 6, 2020 | 258 | Motion to Dismiss for Failure to State a Claim (Main Document) (2) Docket Text: MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 7/7/2020 (nms). Modified on 7/7/2020 (nms). |
| Jul 6, 2020 | 258 | Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1) Docket Text: MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses Related to Inequitable Conduct - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 7/7/2020 (nms). Modified on 7/7/2020 (nms). |
| Jul 6, 2020 | 259 | Opening Brief in Support (20) Docket Text: OPENING BRIEF in Support re [258] MOTION to Dismiss Counterclaims and to Strike Affirmative Defenses Related to Inequitable Conduct, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Answering Brief/Response due date per Local Rules is 7/20/2020. (Lemon, Brian) Modified on 7/7/2020 (nms). Modified on 7/7/2020 (nms). |
| Jul 2, 2020 | 253 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Michael Flynn regarding request for the scheduling of a discovery teleconference. (Flynn, Michael) |
| Jul 1, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [252] STIPULATION TO EXTEND TIME the deadline to submit public versions of the Joint Claim Construction brief (D.I. 238) and related Exhibits 1-65 (D.I. 239 D.I. 249) to July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 7/1/2020. (dlb) |
| Jul 1, 2020 | 252 | Stipulation to EXTEND Time (3) Docket Text: STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 7/2/2020 (nms). |
| Jun 26, 2020 | N/A | Multi Media Document (0) Docket Text: MULTI MEDIA DOCUMENT filed by Shure Acquisition Holdings, Inc., Shure Incorporated in the form of a CD. Filing related to [250] Notice of Filing Multi Media Materials. (*Media on file in Clerk's Office). (nms) |
| Jun 25, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The exhibits filed at D.I. 238 have been removed. The document could not be bound consistent with the way it was filed. Counsel will refile the exhibits in a multi-volume set. (nms) |
| Jun 25, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The exhibits filed at D.I. 239 have been removed per counsel's request. The exhibits will be refiled. (nms) |
| Jun 25, 2020 | 250 | Notice of Filing Multi Media Materials (2) Docket Text: NOTICE of filing the following Non-Paper material(s) in multi media format: Exhibit 40 to the Joint Claim Construction Brief (D.I. 238). Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Alexandra M. Joyce on behalf of Shure Acquisition Holdings, Inc., Shure Incorporated (Joyce, Alexandra) |
| Jun 22, 2020 | 237 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Third Set of Interrogatories (Nos. 18-19) filed by Clearone, Inc..(Flynn, Michael) |
| Jun 19, 2020 | 236 | Notice (Other) (6) Docket Text: NOTICE of Subpoena to Matthew Morrow, by Clearone, Inc.. (Flynn, Michael) Modified on 6/22/2020 (nms). |
| Jun 18, 2020 | 234 | Order (1) Docket Text: ORDER: The Report and Recommendation (D.I. [204]) is ADOPTED. Defendant's motions to dismiss (D.I. [21]; D.I. [75]) are DENIED. Signed by Judge Richard G. Andrews on 6/18/2020. (nms) |
| Jun 18, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court HEREBY ORDERS as follows regarding the July 28, 2020 Markman hearing: (1) The July 28, 2020 Markman hearing will be held via videoconference using the Skype for Business platform. By no later than July 21, 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. 233), the Court hereby ADOPTS the parties' proposals regarding time allocation, the order of the terms/issues and which side will present argument first for each term/issue. Three hours will be allocated for argument, to be split equally between the parties. (3) On or before July 14, 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/issues that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms/issues where possible and on an attempt to focus the dispute over the remaining terms/issues 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 14, 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 email to Ms. Benyo. Ordered by Judge Christopher J. Burke on 6/18/2020. (dlb) |
| Jun 17, 2020 | 233 | Letter (1) Docket Text: Joint Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding July 28, 2020 Claim Construction Hearing. (Lemon, Brian) |
| Jun 15, 2020 | 232 | Answer to Amended Complaint (Main Document) (26) Docket Text: ANSWER to [64] Amended Complaint with Jury Demand, and COUNTERCLAIMS against Shure Acquisition Holdings, Inc., Shure Incorporated by Clearone, Inc.. (Attachments: # (1) Exhibits 1-6)(Flynn, Michael) Modified on 6/16/2020 (nms). |
| Jun 15, 2020 | 232 | Answer to Amended Complaint (Exhibits 1-6) (30) Docket Text: ANSWER to [64] Amended Complaint with Jury Demand, and COUNTERCLAIMS against Shure Acquisition Holdings, Inc., Shure Incorporated by Clearone, Inc.. (Attachments: # (1) Exhibits 1-6)(Flynn, Michael) Modified on 6/16/2020 (nms). |
| Jun 12, 2020 | 225 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of Bob Abraham on June 19, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 12, 2020 | 226 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of Elizabeth Cho on June 25, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 12, 2020 | 227 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of Paul Hatch on July 2, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 12, 2020 | 228 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of Gregory Lantz on June 23, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 12, 2020 | 229 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of John Miller on June 26, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms) |
| Jun 12, 2020 | 230 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of James Schanz on June 22, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 12, 2020 | 231 | Notice to Take Deposition (4) Docket Text: Amended NOTICE to Take Deposition of Chad Wiggins on June 26, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/12/2020 (nms). |
| Jun 9, 2020 | N/A | Order (0) Docket Text: SO ORDERED D.I. [218] STIPULATION TO EXTEND TIME for various documents to various dates (see Stipulation) filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 6/9/2020. (dlb) |
| Jun 9, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: Pursuant to the request of the parties, (D.I. 218), the Court hereby ORDERS that the hearing on the motion for preliminary injunction is rescheduled to September 21, 2020 at 1:00 p.m. in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 6/9/2020. (dlb) |
| Jun 9, 2020 | 220 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Supplemental Declaration of Paul Hatch In Support of Plaintiffs Motion for Preliminary Injunction and Exhibits filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 9, 2020 | 221 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Derek Graham on July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 9, 2020 | 222 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Ashanti Long on July 16, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 9, 2020 | 223 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of John Schnibbe on July 10, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 9, 2020 | 224 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Jason DiCampello on July 22, 2020 filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 8, 2020 | 217 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Video Deposition of Ira Weinstein on June 15, 2020, filed by Clearone, Inc..(Flynn, Michael) Modified on 6/9/2020 (nms). |
| Jun 8, 2020 | 218 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend Time - filed by Clearone, Inc.. (Flynn, Michael). |
| Jun 5, 2020 | 216 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul Hatch (Video) on June 12, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| Jun 4, 2020 | 215 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Claim Construction Reply Brief filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Jun 2, 2020 | 207 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Bob Abraham on June 18, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 208 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Chad Wiggins on June 12, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 209 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Elizabeth Cho on June 11, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 210 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Gregory Lantz on June 9, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 211 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Ira Weinstein on June 23, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 212 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of James Schanz on June 9, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 213 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of John Miller on June 12, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 2, 2020 | 214 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul Hatch on June 18, 2020 filed by Clearone, Inc..(Moshos, Andrew) |
| Jun 1, 2020 | 204 | Report and Recommendations (30) Docket Text: REPORT AND RECOMMENDATION recommending DENYING D.I. [75] MOTION to Dismiss filed by Clearone, Inc., [21] MOTION to Dismiss filed by Clearone, Inc.. 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 6/15/2020. Signed by Judge Christopher J. Burke on 6/1/2020. (mlc) |
| Jun 1, 2020 | 205 | Notice (Other) (8) Docket Text: Amended Notice of Subpoena on Washington Professional Systems, by Clearone, Inc.. (Flynn, Michael) Modified on 6/1/2020 (nms). |
| Jun 1, 2020 | 206 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (i) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Supplemental Objections and Responses to Defendant ClearOne, Inc.'s Fifth Set of Interrogatories (Nos. 15, 18, and 19) Pursuant to Order Setting Hearing on Preliminary Injunction; (ii) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Supplemental Objections and Responses to Defendant ClearOne, Inc.'s First Set of Requests for Admission (Nos. 9, 10, and 11) Pursuant to Order Setting Hearing on Preliminary Injunction; and (iii) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.'s Objections and Supplemental Responses to Defendant ClearOne, Inc.'s First Set of Interrogatories (Nos. 1-6) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| May 28, 2020 | 203 | Notice of Service (30) Docket Text: NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| May 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [202] MOTION for Pro Hac Vice Appearance of Attorney Xinlin Li Morrow filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 5/27/2020. (mlc) |
| May 27, 2020 | 202 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Xinlin Li Morrow - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) |
| May 26, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[188]. (nms) |
| May 26, 2020 | 201 | Redacted Document (Main Document) (15) Docket Text: REDACTED VERSION of [188] Response to Objections by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Flynn, Michael) |
| May 26, 2020 | 201 | Redacted Document (Exhibit 1) (5) Docket Text: REDACTED VERSION of [188] Response to Objections by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Flynn, Michael) |
| May 22, 2020 | 196 | Notice of Service (22) Docket Text: NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| May 22, 2020 | 197 | Notice (Other) (4) Docket Text: NOTICE of Video Deposition of Joel Delman, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms). |
| May 22, 2020 | 198 | Notice (Other) (4) Docket Text: NOTICE of Video Deposition of Michael P. Hudson, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms). |
| May 22, 2020 | 199 | Notice (Other) (4) Docket Text: NOTICE of Video Deposition of Paul G. Waadevig, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 5/26/2020 (nms). |
| May 22, 2020 | 200 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 4, 5, 6, 12) filed by Clearone, Inc..(Flynn, Michael) |
| May 21, 2020 | 194 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne's Responsive Claim Construction Brief filed by Clearone, Inc..(Flynn, Michael) |
| May 21, 2020 | 195 | Notice of Service (2) Docket Text: NOTICE Of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Third Set of Interrogatories to Defendant Clearone, Inc. (Nos. 18-19), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) Modified on 5/21/2020 (nms). |
| May 20, 2020 | 192 | Objections (5) Docket Text: Comments to Defendant's Technical Tutorial (see D.I. [168], by Shure Acquisition Holdings, Inc., Shure Incorporated . (Lemon, Brian) Modified on 5/21/2020 (nms). |
| May 20, 2020 | 193 | Statement (Main Document) (8) Docket Text: Comment Regarding Plaintiffs' Technology Tutorial (D.I. [166]), by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Flynn, Michael) Modified on 5/21/2020 (nms). |
| May 20, 2020 | 193 | Statement (Exhibit 1) (30) Docket Text: Comment Regarding Plaintiffs' Technology Tutorial (D.I. [166]), by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Flynn, Michael) Modified on 5/21/2020 (nms). |
| May 19, 2020 | 191 | Notice (Other) (30) Docket Text: NOTICE of Subpoenas Dobbs-Stanford Corporation, Jon Bullard, McFadden Sales, SK Mac, Jason Staples, and John Scruggs, by Clearone, Inc. (Flynn, Michael) Modified on 5/20/2020 (nms). |
| May 15, 2020 | 189 | Notice (Other) (30) Docket Text: NOTICE of Subpoenas, by Clearone, Inc.. (Flynn, Michael) Modified on 5/18/2020 (nms). |
| May 15, 2020 | 190 | Notice of Service (2) Docket Text: NOTICE Of Service of 1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s Fifth Set of Interrogatories (Nos. 14-21) Pursuant to Order Setting Hearing on Preliminary Injunction; (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s First Set of Requests for Admission Pursuant to Order Setting Hearing on Preliminary Injunction; and (3) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s Third Set of Requests for Production to Pursuant to Order Setting Hearing on Preliminary Injunction, filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 5/18/2020 (nms). |
| May 14, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Luke H. MacDonald for Shure Acquisition Holdings, Inc. and Shure Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| May 13, 2020 | 187 | Redacted Document (20) Docket Text: REDACTED VERSION of [185] Objection to Report and Recommendations by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) |
| May 11, 2020 | 186 | Notice to Take Deposition (4) Docket Text: NOTICE to Take Deposition of Paul Hatch on May 18, 2020 filed by Clearone, Inc..(Flynn, Michael) |
| May 7, 2020 | 183 | Order (2) Docket Text: ORDER granting in part D.I. [180] Joint Motion to Maintain Portions of D.I. 176 filed under seal filed by Clearone, Inc. Signed by Judge Christopher J. Burke on 5/7/2020. (dlb) |
| May 7, 2020 | 184 | Redacted Document (11) Docket Text: REDACTED VERSION of [176] Report and Recommendations. (mlc) |
| May 5, 2020 | 181 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Interrogatories (Nos. 13-17), filed by Clearone, Inc..(Flynn, Michael) Modified on 5/6/2020 (nms). |
| May 5, 2020 | 182 | Notice of Service (30) Docket Text: NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| May 4, 2020 | 179 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Fifth Set of Interrogatories (Nos. 14-21) Pursuant to Order Setting Hearing on Preliminary Injunction, (2) Defendant ClearOne, Inc.'s Third Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. Pursuant to Order Setting Hearing on Preliminary Injunction and (3) Defendant ClearOne, Inc.'s First Set of Requests for Admission to Shure Incorporated and Shure Acquisition Holdings, Inc. Pursuant to Order Setting Hearing on Preliminary Injunction filed by Clearone, Inc..(Flynn, Michael) |
| May 4, 2020 | 180 | Motion for Miscellaneous Relief (Main Document) (5) Docket Text: Joint Motion and [Proposed] Order to Maintain Portions of D.I. 176 Under Seal - filed by Clearone, Inc.. (Attachments: # (1) Exhibit 1)Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 5/5/2020 (nms). |
| May 4, 2020 | 180 | Motion for Miscellaneous Relief (Exhibit 1) (12) Docket Text: Joint Motion and [Proposed] Order to Maintain Portions of D.I. 176 Under Seal - filed by Clearone, Inc.. (Attachments: # (1) Exhibit 1)Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 5/5/2020 (nms). |
| May 1, 2020 | 175 | Notice of Service (23) Docket Text: NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| May 1, 2020 | 177 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant ClearOne, Inc.s Fourth Set of Interrogatories (No. 13) and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Supplemental and Amended Responses to Defendant ClearOne, Inc.s Interrogatories (Nos. 2, 3, 7, 8, 12) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Apr 30, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [174] STIPULATION TO EXTEND TIME for ClearOne to serve its discovery requests related to Shure's motion for a preliminary injunction; for Shure to provide its written responses to those requests; and for Shure to substantially complete its document pro filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/30/2020. (dlb) |
| Apr 30, 2020 | 174 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for ClearOne to serve its discovery requests related to Shure's motion for a preliminary injunction; for Shure to provide its written responses to those requests; and for Shure to substantially complete its document production in response to those requests to May 4, 2020, May 15, 2020 and May 25, 2020, respectively - filed by Clearone, Inc.. (Flynn, Michael) |
| Apr 28, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [173] MOTION for Pro Hac Vice Appearance of Attorney Sydney N. English filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/28/2020. (dlb) |
| Apr 28, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Sydney N. English for Shure Acquisition Holdings, Inc.,and Shure Incorporated 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) |
| Apr 28, 2020 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 4/28/2020 regarding D.I. [153] MOTION for Limited Temporary Restraining Order filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court heard argument from the parties and took the matter under advisement. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, Gerald Ivey, E. Ferrill, E. Cook, D. McCorquindale, L. MacDonald, S. English for Plaintiffs; M. Flynn, D. Dixon, C. Rayburn, K. Younkins, M. Coll, S. Mishra for Defendant. (mlc) |
| Apr 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [151] MOTION for Pro Hac Vice Appearance of Attorney Karen Younkins filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 4/27/2020. (dlb) |
| Apr 27, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [157] MOTION for Pro Hac Vice Appearance of Attorney Luke H. MacDonald filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/27/2020. (dlb) |
| Apr 27, 2020 | 172 | Redacted Document (27) Docket Text: REDACTED VERSION of [164] Reply Brief, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) |
| Apr 27, 2020 | 173 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Sydney N. English - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 24, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: PDF at D.I. [77] exhibits A-G has been replaced at the request of the filer. (dlb) |
| Apr 24, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: The redaction notice filed on 4/24/2020, has been removed from the docket as it was entered in error. (nms) |
| Apr 24, 2020 | 170 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [154] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit F, # (2) Exhibit G-O)(Joyce, Alexandra) |
| Apr 24, 2020 | 170 | Redacted Document (Exhibit F) (30) Docket Text: REDACTED VERSION of [154] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit F, # (2) Exhibit G-O)(Joyce, Alexandra) |
| Apr 24, 2020 | 170 | Redacted Document (Exhibit G-O) (30) Docket Text: REDACTED VERSION of [154] Opening Brief in Support, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit F, # (2) Exhibit G-O)(Joyce, Alexandra) |
| Apr 24, 2020 | 171 | Redacted Document (Main Document) (30) Docket Text: REDACTED VERSION of [163] Answering Brief in Opposition, by Clearone, Inc.. (Attachments: # (1) Exhibits A-N)(Flynn, Michael) |
| Apr 24, 2020 | 171 | Redacted Document (Exhibits A-N) (30) Docket Text: REDACTED VERSION of [163] Answering Brief in Opposition, by Clearone, Inc.. (Attachments: # (1) Exhibits A-N)(Flynn, Michael) |
| Apr 22, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [165] STIPULATION to Extend Time to submit a public version of Opening Brief in Support of Motion for Preliminary Injunction & Limited Temporary Restraining Order to Friday, April 24, 2020, filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/22/2020. (dlb) |
| Apr 22, 2020 | 166 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian Lemon, Esq. regarding Technology Tutorial Submitted by FTP Link. (Lemon, Brian) |
| Apr 22, 2020 | 167 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Technology Tutorial and Plaintiffs' Claim Construction Opening Brief filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Apr 22, 2020 | 168 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding submission of technology tutorial. (Attachments: # (1) Technology Tutorial)(Flynn, Michael) Modified on 4/23/2020 (nms). |
| Apr 22, 2020 | 168 | Letter (Technology Tutorial) (30) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael Flynn, regarding submission of technology tutorial. (Attachments: # (1) Technology Tutorial)(Flynn, Michael) Modified on 4/23/2020 (nms). |
| Apr 22, 2020 | 169 | Sur-Reply Brief (10) Docket Text: SUR-REPLY BRIEF re [153] MOTION for Preliminary Injunction and Limited Temporary Restraining Order MOTION for Temporary Restraining Order filed by Clearone, Inc.. (Flynn, Michael) |
| Apr 21, 2020 | 165 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION to Extend Time to submit a public version of Opening Brief in Support of Motion for Preliminary Injunction & Limited Temporary Restraining Order to Friday, April 24, 2020 - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 4/22/2020 (nms). |
| Apr 20, 2020 | N/A | CORRECTING ENTRY: (0) Docket Text: CORRECTING ENTRY: PDF at D.I. 163 replaced at request of filer. (dlb) |
| Apr 17, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER: Pursuant to a joint request by the parties, the hearing on the Motion for TRO will be moved to April 28, 2020 at 1:00 p.m. EST. Ordered by Judge Christopher J. Burke on 4/17/2020. (dlb) |
| Apr 16, 2020 | 159 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding briefing/hearing schedule (D.I. [158]). (Lemon, Brian) Modified on 4/17/2020 (nms). |
| Apr 16, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORDER Setting Hearing on Motion D.I. [153]: The Court, having reviewed the parties' April 16, 2020 letter, (D.I. 159), hereby ORDERS as follows with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Limited Temporary Restraining Order ("Motion for TRO"), (D.I. 153): (1) Defendant's opposition brief of no more than 25 double-spaced pages shall be due by April 17, 2020.; (2) Plaintiffs' reply brief of no more than 10 double-spaced pages shall be due by April 20, 2020.; (3) Defendant's sur-reply brief of no more than 5 double-spaced pages shall be due by April 22, 2020.; (4) The parties are permitted to file TRO-related papers until midnight EST on each of the respective deadlines.; (5) A videoconference Motion Hearing is set for 4/27/2020 at 10:00 AM before Judge Christopher J. Burke regarding the Motion for TRO. The Court will work with the parties to arrange videoconferencing for the hearing.; and (6) The Court will issue a separate order with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Preliminary Injunction. Ordered by Judge Christopher J. Burke on 4/16/2020. (mlc) |
| Apr 16, 2020 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORDER Setting Hearing on Motion D.I. [153]: The Court, having reviewed the parties' April 16, 2020 letter, (D.I. 159), hereby ORDERS as follows with respect to the briefing and hearing schedule for Plaintiffs' Motion for a Preliminary Injunction ("Motion for PI"), (D.I. 153): (1) Defendant's proposal for briefing and discovery relating to the Motion for PI, (D.I. 159 at 3), is hereby ADOPTED. (2) A Hearing on the Motion for PI is set for 9/2/2020 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 4/16/2020. (mlc) |
| Apr 15, 2020 | 155 | Order on Motion to Transfer Case (22) Docket Text: MEMORANDUM ORDER denying D.I. [29] Motion to Transfer Case. Signed by Judge Christopher J. Burke on 4/15/2020. (dlb) |
| Apr 15, 2020 | 156 | Notice of Service (23) Docket Text: NOTICE OF SERVICE of Subpoena filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) |
| Apr 15, 2020 | 157 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Luke H. MacDonald - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for Luke H. MacDonald)Motions referred to Christopher J. Burke.(Joyce, Alexandra) |
| Apr 15, 2020 | 157 | Motion for Leave to Appear Pro Hac Vice (Certification for Luke H. MacDonald) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Luke H. MacDonald - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for Luke H. MacDonald)Motions referred to Christopher J. Burke.(Joyce, Alexandra) |
| Apr 15, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having received Plaintiffs' Motion for a Preliminary Injunction and Limited Temporary Restraining Order, (D.I. [153]), hereby ORDERS that by no later than 2:00 pm EST on April 16, 2020, the parties shall meet and confer regarding a briefing and hearing schedule for the Motion and submit a stipulation setting out such a schedule. To the extent that the parties believe that the Court should decide the issue relating to the request for a temporary restraining order first (before deciding the issue relating to the request for a preliminary injunction), the parties may propose a separate briefing and hearing schedule for each issue. If the parties cannot reach agreement, they shall submit a status report of no more than 3 single-spaced pages setting out their respective positions. Ordered by Judge Christopher J. Burke on 4/15/2020. (mlc) |
| Apr 14, 2020 | 153 | Motion for Preliminary Injunction (Main Document) (2) Docket Text: MOTION for Preliminary Injunction and Limited Temporary Restraining Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order, # (2) Proposed Order Granting, # (3) 7.1.1 Certification)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/15/2020 (nms). |
| Apr 14, 2020 | 153 | Motion for Preliminary Injunction ([Proposed] Order Granting Preliminary Injunction) (3) Docket Text: MOTION for Preliminary Injunction and Limited Temporary Restraining Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order, # (2) Proposed Order Granting, # (3) 7.1.1 Certification)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/15/2020 (nms). |
| Apr 14, 2020 | 153 | Motion for Preliminary Injunction ([Proposed] Order Granting Limited Temporary Restraining Order) (1) Docket Text: MOTION for Preliminary Injunction and Limited Temporary Restraining Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order, # (2) Proposed Order Granting, # (3) 7.1.1 Certification)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/15/2020 (nms). |
| Apr 14, 2020 | 153 | Motion for Preliminary Injunction (Rule 7.1.1 Certification) (2) Docket Text: MOTION for Preliminary Injunction and Limited Temporary Restraining Order - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Proposed Order, # (2) Proposed Order Granting, # (3) 7.1.1 Certification)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 4/15/2020 (nms). |
| Apr 9, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [152] MOTION for Pro Hac Vice Appearance of Attorney J. Derek McCorquindale filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 4/9/2020. (dlb) |
| Apr 8, 2020 | 151 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Karen Younkins - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) |
| Apr 8, 2020 | 152 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney J. Derek McCorquindale - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for J. Derek McCorquindale)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 8, 2020 | 152 | Motion for Leave to Appear Pro Hac Vice (Certification for J. Derek McCorquindale) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney J. Derek McCorquindale - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for J. Derek McCorquindale)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Apr 6, 2020 | 150 | Claim Construction Chart (Main Document) (4) Docket Text: Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C part 1, # (2) Exhibits A-C part 2)(Lemon, Brian) Modified on 4/7/2020 (nms). |
| Apr 6, 2020 | 150 | Claim Construction Chart (Exhibit A-C Pt. 1) (30) Docket Text: Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C part 1, # (2) Exhibits A-C part 2)(Lemon, Brian) Modified on 4/7/2020 (nms). |
| Apr 6, 2020 | 150 | Claim Construction Chart (Exhibit A-C Pt. 2) (30) Docket Text: Joint Claim Construction Chart, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibits A-C part 1, # (2) Exhibits A-C part 2)(Lemon, Brian) Modified on 4/7/2020 (nms). |
| Apr 1, 2020 | 146 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Interrogatories to Defendant ClearOne, Inc. (Nos. 13-17) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Apr 1, 2020 | 147 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s Fourth Set of Interrogatories to Plaintiffs (No. 13) and (2) ClearOne, Inc.'s Second Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (No. 3) filed by Clearone, Inc..(Flynn, Michael) |
| Apr 1, 2020 | 148 | Notice (Other) (30) Docket Text: NOTICE of Subpoenas upon HWPco, Inc. and Highway Marketing, Inc., by Clearone, Inc.. (Flynn, Michael) Modified on 4/2/2020 (nms). |
| Apr 1, 2020 | 149 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Initial Invalidity Contentions and Production of Documents filed by Clearone, Inc..(Flynn, Michael) |
| Mar 27, 2020 | 143 | Notice (Other) (2) Docket Text: NOTICE of Withdrawal of Counsel Jeffrey J. Lyons, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 3/27/2020 (nms). |
| Mar 27, 2020 | 144 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Supplemental Reponses to Defendant ClearOne, Inc.s Interrogatories (Nos. 3 & 5), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Claim Construction Issue Identification filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Mar 27, 2020 | 145 | Notice (Other) (30) Docket Text: NOTICE of of Service of Subpoenas to Third-Parties by Shure Acquisition Holdings, Inc., Shure Incorporated (Lemon, Brian) |
| Mar 23, 2020 | 142 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Third Set of Interrogatories (Nos. 10-12) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Mar 19, 2020 | 141 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Second Set of Requests for Production (Nos. 50-70), and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Reponses to Defendant ClearOne, Inc.s Second Set of Interrogatories (Nos. 7-9) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Mar 12, 2020 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc.'s ("Shure") request that Defendant ClearOne, Inc. ("ClearOne") be compelled to provide a full response to Interrogatory No. 3 as written (the "Motion"), (D.I. 126), and the parties' letter briefs relating thereto, (D.I. 129; D.I. 134), and having heard argument on March 11, 2020, HEREBY GRANTS-IN-PART Shure's Motion as follows: (1) On the one hand, Interrogatory No. 3 as written does seem overly broad in requesting information regarding every single communication between ClearOne "employees, agents, representatives, or others" acting on ClearOne's behalf "regarding the litigations [referenced in the Second Amended Complaint,]" (D.I. 129, ex. A at 11), when Shure's claims concern ClearOne's "misrepresentations to customers and prospective customers about the litigations between the parties[,]" (D.I. 129 at 1). Requiring ClearOne to respond to the Interrogatory as written would surely impose a real burden on ClearOne, (see D.I. 134 at 2-3 & ex. A), though the Court wishes it had more details from ClearOne with respect to the full extent of that burden (and had ClearOne provided more details on the subject, the outcome of this Motion might have been different).; (2) On the other hand, a more fulsome response to Interrogatory No. 3 would also likely produce relevant information, and "ClearOne (not Shure) is uniquely in possession of this information." (D.I. 129 at 3); (3) The Court is mindful that the gravamen of Shure's allegations relating to Interrogatory No. 3 is that "[s]ince at least March 2019" ClearOnes employees "attempted to mislead Shure's customers as to the availability, legitimacy, and viability of Shure's MXA910 product based on the ongoing litigation between the parties." (D.I. 64 at 20); (4) In light of the competing concerns here, the Court believes a fair balance would require ClearOne to provide a response that is limited to (a) communications regarding the impact or effect of the litigations referenced in the Second Amended Complaint on the "availability, legitimacy, and viability" of Shure's MXA910 product that were (b) made on or after March 1, 2019; (5) Accordingly, by no later than April 1, 2020, absent further order of the Court, ClearOne shall provide such a supplemental response to Interrogatory No. 3. Ordered by Judge Christopher J. Burke on 3/12/2020. (dlb) |
| Mar 11, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 3/11/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 126). The Court took the motion under advisement and will issue an order shortly. (Court Reporter Jennifer Guy (Wilcox & Fetzer). Clerk: M. Crawford)Appearances: B. Lemon, E. Cook for Plaintiffs; M. Flynn, D. Dixon, M. Coll for Defendant. (mlc) |
| Mar 9, 2020 | 139 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s First Supplemental Disclosure Pursuant to Paragrah 3 of the Delaware Default Standard for Discovery filed by Clearone, Inc..(Lyons, Jeffrey) |
| Mar 6, 2020 | 136 | Notice (Other) (2) Docket Text: NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute by Clearone, Inc. (Lyons, Jeffrey) |
| Mar 6, 2020 | 137 | Redacted Document (30) Docket Text: REDACTED VERSION of [129] Letter by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) |
| Mar 6, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. 136), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively if needed for the discovery dispute teleconference scheduled for March 11, 2020. Ordered by Judge Christopher J. Burke on 3/6/2020. (dlb) |
| Mar 5, 2020 | 135 | Redacted Document (30) Docket Text: REDACTED VERSION of [131] Notice of Subpoenas, by Clearone, Inc.. (Flynn, Michael) Modified on 3/6/2020 (nms). |
| Mar 4, 2020 | 134 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Michael J. Flynn regarding Discovery Dispute - re [129] Letter. (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Mar 4, 2020 | 134 | Letter (Exhibit A) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Michael J. Flynn regarding Discovery Dispute - re [129] Letter. (Attachments: # (1) Exhibit A)(Flynn, Michael) |
| Mar 3, 2020 | 133 | Notice of Service (30) Docket Text: NOTICE OF SERVICE of Subpoenas filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Mar 2, 2020 | 132 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Initial Infringement Contentions filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Feb 28, 2020 | 130 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s Second Set of Requests for Production (No. 30) filed by Clearone, Inc..(Lyons, Jeffrey) |
| Feb 24, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' February 20, 2020 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 124) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for March 11, 2020 at 2:00 PM before Judge Christopher J. Burke. (3) On February 27, 2020, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On March 4, 2020, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 2/24/2020. (dlb) |
| Feb 24, 2020 | 126 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for a Teleconference to Resolve Discovery Dispute - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Motions referred to Christopher J. Burke.(Joyce, Alexandra) |
| Feb 24, 2020 | 127 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Paragraph 3 Disclosures filed by Clearone, Inc..(Lyons, Jeffrey) |
| Feb 24, 2020 | 128 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Feb 20, 2020 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney David N. Lefcowitz for Shure Acquisition Holdings, Inc. and for Shure Incorporated 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) |
| Feb 20, 2020 | 123 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s Third Set of Interrogatories to Plaintiffs (Nos. 10-12) filed by Clearone, Inc..(Lyons, Jeffrey) |
| Feb 20, 2020 | 124 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding scheduling of a discovery teleconference. (Lemon, Brian) |
| Feb 19, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [120] MOTION for Pro Hac Vice Appearance of Attorney David N. Lefcowitz filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 2/19/2020. (dlb) |
| Feb 18, 2020 | 122 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ClearOne, Inc.'s Supplemental Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 1-12), (2) Defendant ClearOne, Inc.'s Second Set of Interrogatories to Plaintiffs (Nos. 7-9) and (3) Defendant ClearOne, Inc.'s Second Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Lyons, Jeffrey) |
| Feb 14, 2020 | 121 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Disclosures Pursuant to Section 3(a) of the Courts Default Standard for Discovery, Including Discovery of Electronically Stored Information filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Feb 10, 2020 | 120 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David N. Lefcowitz - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for David N. Lefcowitz)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Feb 10, 2020 | 120 | Motion for Leave to Appear Pro Hac Vice (Certification for David N. Lefcowitz) (1) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney David N. Lefcowitz - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certification for David N. Lefcowitz)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Feb 7, 2020 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [98] MOTION for Pro Hac Vice Appearance of Attorney Maxwell Coll filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 2/7/2020. (dlb) |
| Feb 7, 2020 | 110 | Redacted Document (30) Docket Text: REDACTED VERSION of [100] Notice of Subpoenas on Avex, LLC, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 111 | Redacted Document (30) Docket Text: REDACTED VERSION of [101] Notice of Subpoenas on Fisk Electric Co., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 112 | Redacted Document (30) Docket Text: REDACTED VERSION of [102] Notice of Subpoenas on iVideo Technologies, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 113 | Redacted Document (30) Docket Text: REDACTED VERSION of [103] Notice of Subpoenas on McDonald's Corporation, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 114 | Redacted Document (30) Docket Text: REDACTED VERSION of [104] Notice of Subpoenas on SKC Communications, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 115 | Redacted Document (30) Docket Text: REDACTED VERSION of [105] Notice of Subpoenas on Strategic Connections, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 116 | Redacted Document (30) Docket Text: REDACTED VERSION of [106] Notice of Subpoenas on Unified Technology Systems, Inc., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 117 | Redacted Document (30) Docket Text: REDACTED VERSION of [107] Notice of Subpoenas on Vistacom, Inc., by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 118 | Redacted Document (30) Docket Text: REDACTED VERSION of [108] Notice of Subpoenas on Washington Professional Systems, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Feb 7, 2020 | 119 | Redacted Document (30) Docket Text: REDACTED VERSION of [109] Notice of Subpoenas on Whitlock, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 2/10/2020 (nms). |
| Jan 31, 2020 | 99 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of ClearOne, Inc.'s Disclosure of Core Technical Documents and Sales Figures filed by Clearone, Inc..(Lyons, Jeffrey) |
| Jan 30, 2020 | 98 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Maxwell Coll - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) |
| Jan 29, 2020 | 97 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Second Set of Requests for Production of Documents to Defendant ClearOne, Inc. (No. 30) and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant ClearOne, Inc.s First Set of Requests for Production (Nos. 1-49) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| 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. (cak) |
| Jan 15, 2020 | 95 | Redacted Document (30) Docket Text: AMENDED REDACTED VERSION of [42] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/15/2020 (nms). |
| Jan 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed the parties' discovery dispute motion relating to Defendant ClearOne, Inc.'s ("ClearOne") request that Exhibit G of Plaintiffs Shure Inc. and Shure Acquisition Holdings, Inc.'s ("Shure") answering brief in opposition to ClearOne's motion to transfer, (D.I. 42, ex. G), be unsealed in its entirety (the "Motion"), (D.I. 78), and the parties' letter briefs relating thereto, (D.I. 79; D.I. 82), and having heard argument on January 13, 2020, HEREBY GRANTS ClearOne's Motion for the following reasons: (1) The United States Court of Appeals for the Third Circuit has explained that there is a "presumptive right of public access to pretrial motions of a nondiscovery nature, whether preliminary or dispositive, and the material filed in connection therewith." In re Avandia Mktg., Sales Practice & Prods. Liability Litig., 924 F.3d 662, 672 (3d Cir. 2019) (internal quotation marks and citation omitted). The parties agree that in order to overcome this presumption and prevail on ClearOne's motion, Shure would be required to demonstrate that "the material [currently redacted Exhibit G] is the kind of information that courts will protect and that disclosure will work a clearly defined and serious injury to" Shure. Id. (internal quotation marks and citation omitted).; (2) By maintaining this information (which amounts to the specific names of Shure customers to which ClearOne allegedly made misrepresentations about Shure) under seal, Shure wants ClearOne to be prohibited, when subpoenaing these customers, from revealing to them "that Shure has identified them as targets of marketplace misinformation by ClearOne." (D.I. 82 at 3) Yet nowhere in Shure's letter brief does Shure identify with any specificity how it would be subject to a "clearly defined and serious" injury if the third party customers at issue are told that Shure identified them as having been on the receiving end of these misrepresentations. (See id. at 1-3) And in fact, if Shure"s allegations are correct, then: (a) these third party customers already know that they received the communications at issue from ClearOne; and (b) because they will be subpoenaed in a case brought by Shure and questioned about these communications, it is very likely that they will figure out for themselves that Shure identified them in connection with this case.; (3) More broadly, the fact that certain customers allegedly received misrepresentations from ClearOne constitutes the very heart of the allegations in Counts Two through Five of Shure's Second Amended Complaint. (D.I. 64 at 42-70) Thus, it strains credulity to think that this information could remain a secret in this case, which has been filed in a public forum. See Mosaid Techs. Inc. v. LSI Corp., 878 F. Supp. 2d 503, 512 (D. Del. 2012) ("The parties have sought relief in a public forum, and yet their proposed redactions would obscure any discussion of the actual nature of the parties' dispute. There are other forums-such as arbitration-available if parties wish to protect all of this type of information from public view.").; and (4) Lastly (and relatedly), the Court can also understand how maintaining such information under seal might hamstring ClearOne's ability to fairly defend itself against Shure's claims. (D.I. 79 at 3). Ordered by Judge Christopher J. Burke on 1/14/2020. (dlb) |
| Jan 14, 2020 | N/A | Oral Order (0) Docket Text: ORAL ORDER: In light of the Court's decision today granting Defendant's discovery dispute motion, (D.I. 93), the Court hereby ORDERS that by no later than January 15, 2020, Plaintiffs shall file an Amended Redacted version of their answering brief in opposition to the motion to transfer: (1) in which Exhibit G is unredacted in its entirety; and (2) that is linked on the docket to the sealed version of this brief, (D.I. 42).. Ordered by Judge Christopher J. Burke on 1/14/2020. (dlb) |
| Jan 13, 2020 | N/A | Discovery Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Discovery dispute teleconference held on 1/13/2020. The Court heard argument regarding the parties' discovery dispute motion, (D.I. 78). The Court took the motion under advisement and will issue an order shortly. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Lemon, E. Cook, A. Boyer for Plaintiffs; J. Lyons, M. Flynn, D. Dixon, S. Mishra for Defendant. (mlc) |
| Jan 7, 2020 | 92 | Protective Order (13) Docket Text: PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 1/7/2020. (dlb) |
| Jan 6, 2020 | 91 | Proposed Order (13) Docket Text: PROPOSED Protective Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Joyce, Alexandra) Modified on 1/6/2020 (nms). |
| Jan 3, 2020 | 89 | Redacted Document (Main Document) (5) Docket Text: REDACTED VERSION of [79] Letter by Clearone, Inc.. (Attachments: # (1) Exhibits A-C)(Lyons, Jeffrey) |
| Jan 3, 2020 | 89 | Redacted Document (Exhibits A-C) (17) Docket Text: REDACTED VERSION of [79] Letter by Clearone, Inc.. (Attachments: # (1) Exhibits A-C)(Lyons, Jeffrey) |
| Jan 3, 2020 | 90 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Interrogatories (Nos. 1-12) and (2) ClearOne, Inc.'s Objections and Responses to Shure Incorporated and Shure Acquisition Holdings, Inc.'s First Set of Requests for Production (Nos. 1-29) filed by Clearone, Inc..(Lyons, Jeffrey) |
| Jan 2, 2020 | N/A | Redaction Notice (0) Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #[79]. (nms) |
| Dec 30, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having considered Defendant's Notice Regarding Intent to Have Newer Attorney Argue Discovery Dispute, (D.I. [85]), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, HEREBY ORDERS that it will ensure that the parties have at least 60 minutes of argument collectively for the discovery dispute teleconference scheduled for January 13, 2020. Ordered by Judge Christopher J. Burke on 12/30/2019. (mlc) |
| Dec 30, 2019 | 88 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of Defendant ClearOne, Inc.'s First Set of Requests for Production to Shure Incorporated and Shure Acquisition Holdings, Inc. filed by Clearone, Inc..(Lyons, Jeffrey) |
| Dec 26, 2019 | 85 | Notice (Other) (2) Docket Text: NOTICE of Intent to Have Newer Attorney Argue Discovery Dispute, by Clearone, Inc..(Lyons, Jeffrey) Modified on 12/27/2019 (nms). |
| Dec 26, 2019 | 86 | Reply Brief (16) Docket Text: REPLY BRIEF re [75] MOTION to Dismiss, filed by Clearone, Inc.. (Lyons, Jeffrey) Modified on 12/27/2019 (nms). |
| Dec 24, 2019 | 84 | Notice of Service (2) Docket Text: NOTICE Of Service of Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s Objections and Responses to Defendant Clearone, Inc.s First Set of Interrogatories (Nos. 1-6), filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Joyce, Alexandra) Modified on 12/27/2019 (nms). |
| Dec 23, 2019 | 82 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. - re [79] Letter. (Attachments: # (1) Exhibit A)(Lemon, Brian) |
| Dec 23, 2019 | 82 | Letter (Exhibit A) (9) Docket Text: Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. - re [79] Letter. (Attachments: # (1) Exhibit A)(Lemon, Brian) |
| Dec 23, 2019 | 83 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Supplemental Initial Disclosures Identifying Defendant's Accused Products and Plaintiffs' Asserted Patents filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Dec 18, 2019 | 81 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Jeffrey J. Lyons, regarding update on developments in N.D. Illinois Action (see D.I. [29]). (Attachments: # (1) Exhibits A-B)(Lyons, Jeffrey) Modified on 12/18/2019 (nms). |
| Dec 18, 2019 | 81 | Letter (Exhibits A-B) (30) Docket Text: Letter to The Honorable Christopher J. Burke, from Jeffrey J. Lyons, regarding update on developments in N.D. Illinois Action (see D.I. [29]). (Attachments: # (1) Exhibits A-B)(Lyons, Jeffrey) Modified on 12/18/2019 (nms). |
| Dec 17, 2019 | 80 | Answering Brief in Opposition (Main Document) (21) Docket Text: ANSWERING BRIEF in Opposition re [75] MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 12/26/2019. (Attachments: # (1) Exhibits A-H)(Lemon, Brian) |
| Dec 17, 2019 | 80 | Answering Brief in Opposition (Exhibits A-H) (30) Docket Text: ANSWERING BRIEF in Opposition re [75] MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 12/26/2019. (Attachments: # (1) Exhibits A-H)(Lemon, Brian) |
| Dec 13, 2019 | 78 | Motion for Miscellaneous Relief (2) Docket Text: Joint MOTION for Teleconference - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) |
| Dec 10, 2019 | 75 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 12/11/2019 (nms). |
| Dec 10, 2019 | 76 | Opening Brief in Support (Main Document) (23) Docket Text: OPENING BRIEF in Support re [75] MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Attachments: # (1) Exhibit 1)(Lyons, Jeffrey) Modified on 12/11/2019 (nms). (Main Document 76 replaced on 12/11/2019) (dlb). |
| Dec 10, 2019 | 76 | Opening Brief in Support (Exhibit 1) (3) Docket Text: OPENING BRIEF in Support re [75] MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 12/26/2019. (Attachments: # (1) Exhibit 1)(Lyons, Jeffrey) Modified on 12/11/2019 (nms). (Main Document 76 replaced on 12/11/2019) (dlb). |
| Dec 10, 2019 | 77 | Notice (Other) (Main Document) (4) Docket Text: NOTICE of Defendant's Request for Judicial Notice by Clearone, Inc. re [76] Opening Brief in Support (Attachments: # (1) Exhibits A-G)(Lyons, Jeffrey) (Attachment 1 replaced on 4/24/2020) (dlb). |
| Dec 10, 2019 | 77 | Notice (Other) (Exhibits A-G) (30) Docket Text: NOTICE of Defendant's Request for Judicial Notice by Clearone, Inc. re [76] Opening Brief in Support (Attachments: # (1) Exhibits A-G)(Lyons, Jeffrey) (Attachment 1 replaced on 4/24/2020) (dlb). |
| Dec 9, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [74] STIPULATION TO EXTEND TIME for ClearOne to file any motion to dismiss related to U.S. Patent No. D865,723 to December 10, 2019 filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 12/9/2019. (dlb) |
| Dec 9, 2019 | N/A | Order Setting Teleconference (0) Docket Text: ORAL ORDER Setting Teleconference: The Court has reviewed the parties' December 6, 2019 letter requesting a discovery dispute teleconference regarding 1 discovery dispute. (D.I. 70) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order, (D.I. 62), will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for January 13, 2020 at 3:00 PM before Judge Christopher J. Burke. (3) On December 16, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On December 23, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, in no less than 12-point font, outlining that party(s) reasons for its opposition.; (4) Two courtesy copies of the letters are to be hand-delivered to the Clerk's Office within one hour of e-filing.; (5) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 12/9/2019. (dlb) |
| Dec 9, 2019 | 73 | Scheduling Order (18) Docket Text: AMENDED SCHEDULING ORDER: Joinder of Parties due by 2/24/2020. Amended Pleadings due by 2/24/2020. Discovery due by 11/23/2020. Status Report due by 9/17/2020. Dispositive Motions due by 4/16/2021. Answering Brief due 5/14/2021. Reply Brief due 6/2/2021. A Motion Hearing is set for 6/9/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 4/22/2020. Claim Construction Answering Brief due by 5/20/2020. Claim Construction Reply Brief due by 6/3/2020. Claim Construction Surreply Brief due by 6/17/2020. A Markman Hearing is set for 7/28/2020 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 10/15/2021 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Jury Trial is set for 11/1/2021 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. Signed by Judge Christopher J. Burke on 12/9/2019. (dlb) |
| Dec 9, 2019 | 74 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for ClearOne to file any motion to dismiss related to U.S. Patent No. D865,723 to December 10, 2019 - filed by Clearone, Inc.. (Lyons, Jeffrey) |
| Dec 6, 2019 | 70 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Jeffrey J. Lyons regarding Request for a Discovery Teleconference. (Lyons, Jeffrey) |
| Dec 6, 2019 | 71 | Proposed Order (18) Docket Text: PROPOSED Amended Scheduling Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 12/9/2019 (nms). |
| Dec 4, 2019 | 69 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of (1) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Interrogatories to Defendant ClearOne, Inc. (Nos. 1-12); and (2) Plaintiffs Shure Incorporated and Shure Acquisition Holdings, Inc.s First Set of Requests for Production of Documents to Defendant ClearOne, Inc. (Nos. 1-29) filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Dec 2, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [68] Stipulation regarding Renewed Motion to Dismiss filed by Clearone, Inc. Ordered by Judge Christopher J. Burke on 12/2/2019. (mlc) |
| Dec 2, 2019 | 68 | Stipulation (2) Docket Text: STIPULATION regarding Renewed Motion to Dismiss by Clearone, Inc.. (Lyons, Jeffrey) |
| Nov 25, 2019 | 66 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant ClearOne, Inc.'s First Set of Interrogatories to Shure Incorporated (Nos. 1-6); and (2) Defendant ClearOne, Inc.'s Rule 26(a)(1) Initial Disclosures filed by Clearone, Inc..(Lyons, Jeffrey) |
| Nov 25, 2019 | 67 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs' Initial Disclosures filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Nov 19, 2019 | N/A | Order on Motion for Leave to File (0) Docket Text: ORAL ORDER: The Court, having reviewed Plaintiffs' Motion to File an Amended Pleading ("Motion"), (D.I. 48), and the parties' briefing related thereto, (D.I. 49; D.I. 51; D.I. 52; D.I. 57; D.I. 60; D.I. 61), having heard argument on November 18, 2019, and having considered Federal Rule of Civil Procedure 15(d) and the factors related thereto, see, e.g., Cellectis S.A. v. Precision Bioscis., Inc., 881 F. Supp. 2d 609, 614 (D. Del. 2012), hereby ORDERS that the Motion is GRANTED for the following reasons: (1) Plaintiffs' Motion seeks leave to file a Second Amended Complaint ("SAC") alleging infringement of a design patent (the " '723 patent") that issued on November 5, 2019. Defendant first argues that Plaintiffs' SAC would be futile because the '723 patent had not yet issued at the time when the Motion was filed (and that the Court thus lacks subject matter jurisdiction over the proposed SAC's new claim relating to the '723 patent). (D.I. 51 at 3) But the '723 patent has thereafter issued as scheduled on November 5, 2019, (D.I. 57 at 1 & ex. 1), and the Courts grant of Plaintiffs' Motion will result in a SAC that is filed no earlier than today, (see D.I. 52 at 1). The Court will therefore have subject matter jurisdiction over the claims relating to the '723 patent. (2) Defendant next argues that Plaintiffs' Motion should be denied because it was filed prematurely for the improper purpose of impeding resolution of Defendant's motion to dismiss and motion to stay. (D.I. 51 at 4) But the Court has already ruled on Defendant's motion to stay (and on an additional stay motion filed by Defendant). And while it is true that the filing of the SAC might require new briefing with respect to Defendant' motion to dismiss, Defendant cites to no authority establishing that this indicates that Plaintiffs filed the Motion with an improper purpose. Indeed, as Plaintiffs point out, such a standard "would make supplementing claims practically impossible." (D.I. 52 at 2) (3) With respect to Defendant's third argument that Plaintiffs' SAC would not promote judicial efficiency, (D.I. 51 at 5), while the filing of the SAC will surely trigger additional motion practice, this is not a basis to deny the Motion. (4) As for Defendant's final argument that Plaintiffs' Motion is now futile in light of Defendant's assertedly "first-filed" declaratory judgment action regarding the '723 patent pending in the United States District Court for the Northern District of Illinois ("Northern District"), (D.I. 60), the Court disagrees. A judge will ultimately have to decide which of the cases was "first-filed," and by granting this Motion, the Court says nothing about which side has the better of that argument. The "first-filed" decision will be made (either in the Northern District or here) after an appropriate motion is filed and after briefing on that issue is completed.; (5) Plaintiffs are directed to file the SAC on the docket in the instant case either on today's date or at some point thereafter. Ordered by Judge Christopher J. Burke on 11/19/2019. (dlb) |
| Nov 19, 2019 | 64 | Amended Complaint (Main Document) (30) Docket Text: Second AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-G)(Kelly, Michael) |
| Nov 19, 2019 | 64 | Amended Complaint (Exhibit A-G) (30) Docket Text: Second AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-G)(Kelly, Michael) |
| Nov 19, 2019 | 65 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) D865723 . (Kelly, Michael) |
| Nov 18, 2019 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 11/18/2019. The Court heard telephonic argument regarding D.I. [48] MOTION for Leave to File an Amended Pleading filed by Shure Acquisition Holdings, Inc., Shure Incorporated. The Court took the motion under advisement and will issue a decision shortly. (Court Reporter Heather Triozzi. Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, E. Cook, J. Schaffner, A. Boyer, E. Ferrill for Plaintiffs; M. Flynn, J. Lyons, D. Dixon, C. Rayburn for Defendant. (mlc) |
| Nov 15, 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 (cak) |
| Nov 14, 2019 | 62 | Scheduling Order (12) Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 2/24/2020. Amended Pleadings due by 2/24/2020. Discovery due by 11/23/2020. Status Report due by 7/17/2020. Dispositive Motions due by 4/16/2021. A Motion Hearing is set for 6/9/2021 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke A Pretrial Conference is set for 10/15/2021 at 09:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Jury Trial is set for 11/1/2021 at 09:30 AM in Courtroom 6A before Judge Richard G. Andrews. Signed by Judge Christopher J. Burke on 11/14/2019. (dlb) |
| Nov 13, 2019 | 61 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding response to Letter (D.I. [60]). (Lemon, Brian) Modified on 11/14/2019 (nms). |
| Nov 12, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [59] Unopposed MOTION for Leave to File Supplemental Letter Brief filed by Clearone, Inc.. Ordered by Judge Christopher J. Burke on 11/12/2019. (dlb) |
| Nov 12, 2019 | 60 | Answering Brief in Opposition (4) Docket Text: ANSWERING LETTER BRIEF regarding D.I. [48] MOTION for Leave to File an Amended Pleading and related document D.I. [57] filed by Clearone, Inc. per unopposed Motion at D.I. 59. (dlb) |
| Nov 11, 2019 | 59 | Motion for Leave to File (Main Document) (5) Docket Text: Unopposed MOTION for Leave to File Supplemental Letter Brief - filed by Clearone, Inc.. (Attachments: # (1) Exhibit 1)Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 11/12/2019 (nms). |
| Nov 11, 2019 | 59 | Motion for Leave to File (Exhibit 1) (5) Docket Text: Unopposed MOTION for Leave to File Supplemental Letter Brief - filed by Clearone, Inc.. (Attachments: # (1) Exhibit 1)Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 11/12/2019 (nms). |
| Nov 8, 2019 | 58 | Letter (Main Document) (1) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding Proposed Scheduling Order. (Attachments: # (1) Proposed Order Scheduling)(Lemon, Brian) Modified on 11/8/2019 (nms). |
| Nov 8, 2019 | 58 | Letter (Text of Proposed Order Scheduling) (13) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding Proposed Scheduling Order. (Attachments: # (1) Proposed Order Scheduling)(Lemon, Brian) Modified on 11/8/2019 (nms). |
| Nov 5, 2019 | 57 | Notice (Other) (Main Document) (2) Docket Text: NOTICE of Plaintiffs' Supplemental Authority in Relation to Plaintiffs' Motion to File Amended Pleadings by Shure Acquisition Holdings, Inc., Shure Incorporated re [49] Letter, [48] MOTION for Leave to File an Amended Pleading (Attachments: # (1) Exhibits 1-3)(Lemon, Brian) |
| Nov 5, 2019 | 57 | Notice (Other) (Exhibits 1-3) (23) Docket Text: NOTICE of Plaintiffs' Supplemental Authority in Relation to Plaintiffs' Motion to File Amended Pleadings by Shure Acquisition Holdings, Inc., Shure Incorporated re [49] Letter, [48] MOTION for Leave to File an Amended Pleading (Attachments: # (1) Exhibits 1-3)(Lemon, Brian) |
| Nov 4, 2019 | N/A | Order Setting Hearing on Motion (0) Docket Text: ORAL ORDER Setting Hearing on Motion D.I. [48] MOTION to Amend the Complaint: The Court, having reviewed the parties' November 1, 2019 letter, (D.I. 55), hereby ORDERS that a teleconference to hear argument regarding Plaintiffs' Motion to Amend the Complaint is set for 11/18/2019 at 2:00 PM before Judge Christopher J. Burke.Ordered by Judge Christopher J. Burke on 11/4/2019. (mlc) |
| Nov 1, 2019 | 52 | Letter (3) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian R. Lemon, Esq., regarding reply ISO Plaintiffs' Motion to File Amended Pleading (D.I. [49]). (Lemon, Brian) Modified on 11/1/2019 (nms). |
| Nov 1, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, ("Motion"), (D.I. 12), and the parties' briefing related thereto, (D.I. 13; D.I. 20; D.I. 37), having heard argument on October 28, 2019, and having considered the three stay-related factors, hereby ORDERS that the Motion is GRANTED and Plaintiffs' patent infringement claim with respect to United States Patent No. 9,565,493 ("'493 patent") is STAYED until the conclusion of the United States Patent and Trademark Office's Patent Trial and Appeal Board's ("PTAB") inter partes review ("IPR") of all claims of the '493 patent. It is true that the "relationship between the parties" prong of the "undue prejudice" factor weighs against a stay, because the parties are indisputably competitors in the relevant market (for the reasons suggested by Plaintiffs and as the United States District Court for the Northern District of Illinois has concluded in related matters). (D.I. 20 at 5; D.I. 37 at 4) And that fact alone makes this stay decision a relatively close call. But for the following reasons, the other relevant factors weigh strongly in favor of a stay and thus overcome the impact of the "relationship between the parties" subfactor of the undue prejudice factor. Indeed, with respect to "simplification" factor and the "stage of the litigation" factor, the facts here are about as strong as they can get for a stay pending resolution of IPR proceedings. With all claims of the '493 patent now at issue in instituted IPR proceedings, there is the real prospect that the parties and the Court could engage in a significant amount of pre-trial work, only to have the PTAB end up invalidating all asserted claims (or otherwise issuing decisions that will have a significant bearing on the scope of the patent infringement claim in this matter). (D.I. 13 at 9-10; D.I. 37 at 8-10) And this case is in its infancy. A scheduling order has not yet issued and the "vast majority of the work in this case is yet to come." (D.I. 13 at 8) Moreover, even as to the "undue prejudice" factor, some of the other subfactors help Defendant's case for a stay. Defendant diligently filed its petition for IPR of the '493 patent five months before Plaintiffs commenced this action. (D.I. 13 at 6; D.I. 37 at 1) Thus, the IPR proceeding is well underway, with a final decision expected by August 2020. (D.I. 13 at 7) And Defendant filed its Motion as early as possible, a little over a month after this action was commenced and a week after the PTAB instituted the IPR. (Id.) Lastly, the Court notes that while Plaintiffs asserted during oral argument that the simplification factor would be impacted in their favor by their pending motion to amend the complaint to assert a new design patent in this case ("motion to amend"), (see D.I. 48), that motion is not yet fully briefed and has not yet been adjudicated. Thus, at present, the '493 patent is the only patent at issue in this case. The Court can only consider claims of record in deciding whether the stay factors counsel in favor of a stay. That said, if Plaintiffs' motion to amend is ultimately granted, and Plaintiffs believe that changes the stay calculus, they have the ability to then file a motion to lift the stay. The parties shall jointly notify the Court by letter within 10 days after issuance of a Final Written Decision in the IPR. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb) |
| Nov 1, 2019 | N/A | Order on Motion to Stay (0) Docket Text: ORAL ORDER: The Court, having reviewed Defendant's Motion to Stay Discovery Pending Decision on Defendant's Motion to Dismiss ("Motion"), (D.I. 26), and the parties' briefing related thereto, (D.I. 27; D.I. 39; D.I. 44), having heard argument on October 28, 2019, and having considered the three stay-related factors, hereby ORDERS that the Motion is DENIED (as to Plaintiffs' non-patent claims) for the following reasons. (1) The "relationship between the parties" subfactor of the "undue prejudice" factor surely weighs against a stay (for the reasons the Court has said out in the immediately preceding Order) and is significant here. These parties are real, direct competitors in what appears to be a fairly narrow market, and so there is the worrisome prospect of continuing harm (if Plaintiffs non-patent claims are of merit) that may be difficult to later fully address via monetary damages. (D.I. 39 at 4; D.I. 44 at 4) And with respect to other of the undue prejudice subfactors, while Defendant argues that the stay would be "brief" and thus would not unduly prejudice Plaintiffs, the Court has a busy docket and it could take some significant number of months for Defendant"s Motion to be resolved. (D.I. 39 at 10-11); (2) With respect to the "status of the litigation" and "simplification" factors, although it is early in the case and thus that factor favors a stay, the simplification factor is neutral at best. While it is true that if the Court were to grant Defendant's Motion in its entirety, the case would be over, (D.I. 44 at 1), that Motion involves many different arguments about many different types of claims. Even if some arguments made via the Motion are successful, some may not be, and it is thus reasonable to infer that (purely as a statistical matter) there is a decent likelihood that at least a portion of the non-patent case will survive the Motion. See, e.g., Yodlee, Inc. v. Plaid Techs. Inc., Civil Action No. 14-1445-LPS-CJB, (D.I. 57 at 4-6) (D. Del. July 20, 2015).; (3) Thus, the "status of the litigation" factor weighs in favor of a stay, the "undue prejudice" factor weighs strongly against a stay, and the "simplification" factor is about neutral. With the movant not having shown that the equities tilt in its favor, the Court finds that Defendant's Motion should be denied. See, e.g., Toshiba Samsung Storage Tech. Korea Corp. v. LG Elecs., Inc., 193 F. Supp. 3d 345, 353 (D. Del. 2016).; (4) In light of this Order as well as the Courts prior Order granting Defendant's motion to stay Plaintiffs' patent infringement claim with respect to United States Patent No. 9,565,493 ("'493 patent") until the conclusion of the inter partes review of all claims of the '493 patent, the parties shall submit, by no later than November 8, 2019, a proposed Scheduling Order with respect to Plaintiffs' non-patent claims. The proposed Scheduling Order should be consistent with Judge Burke's form Rule 16 Scheduling Order for non-patent cases up through and including paragraph 12 (i.e., regarding the portions of the case schedule through the case dispositive motion stage of the case), and consistent with paragraphs 9-12 of Judge Andrews' Rule 16 Scheduling Order for Non-Patent Cases (i.e, regarding the portions of the case schedule following the case dispositive motion stage). If there are disputed issues between the parties regarding the content of the Scheduling Order, the parties should note those areas of dispute in the proposed Scheduling Order, along with their proposals for the language the Court should adopt as to that issue. In addition, the parties may each separately file a letter (of no more than two single-spaced pages) setting forth their position as to these disputed issues. Both Scheduling Orders can be found on Judge Burke's/Judge Andrews' portions of the District Court website. Ordered by Judge Christopher J. Burke on 11/1/2019. (dlb) |
| Nov 1, 2019 | 55 | Letter (1) Docket Text: Letter to The Honorable Christopher J. Burke from Brian R. Lemon, Esq. regarding Scheduling Teleconference. (Lemon, Brian) |
| Oct 29, 2019 | 51 | Letter (9) Docket Text: Letter to The Honorable Christopher J. Burke, from Michael J. Flynn, regarding opposition to Second Amended Complaint (D.I. [48]). (Flynn, Michael) Modified on 10/30/2019 (nms). |
| Oct 28, 2019 | N/A | Scheduling Conference (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling teleconference held on 10/28/2019. The Court heard argument from the parties regarding Defendant's Motions to Stay, (D.I. 12; D.I. 26). The Court took the motions under advisement and will issue decisions shortly, as well as guidance regarding a case schedule. (Court Reporter Stacey Ingram (Hawkins). Clerk: M. Crawford) Appearances: B. Lemon, A. Joyce, E. Cook, J. Schaffner, A. Boyer for Plaintiffs; M. Flynn, J. Lyons, D. Dixon, S. Mishra for Defendant. (mlc) |
| Oct 24, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Christina V. Rayburn for Clearone, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Oct 23, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Joseph M. Schaffner and Elizabeth D. Ferrill for Shure Acquisition Holdings, Inc. and Shure Incorporated added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
| Oct 22, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [45] MOTION for Pro Hac Vice Appearance of Attorney Elizabeth D. Ferrill and Joseph M. Schaffner filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 10/22/2019. (dlb) |
| Oct 22, 2019 | 46 | Redacted Document (30) Docket Text: REDACTED VERSION of [42] Answering Brief in Opposition, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) |
| Oct 22, 2019 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court hereby ORDERS that the parties should be prepared to discuss Defendant's Motion to Stay Litigation Pending Inter Partes Review of the Patent-in-Suit, (D.I. 12), and Defendant's Motion to Stay Discovery Pending Decision on Motion to Dismiss, (D.I. 26), during the telephonic Case Management Conference set for October 28, 2019 at 1:00pm. Ordered by Judge Christopher J. Burke on 10/22/2019. (dlb) |
| Oct 22, 2019 | 48 | Motion for Leave to File (Main Document) (2) Docket Text: MOTION for Leave to File an Amended Pleading - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 48 | Motion for Leave to File (Exhibit 1 - Amended Complaint) (30) Docket Text: MOTION for Leave to File an Amended Pleading - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 48 | Motion for Leave to File (Exhibit 2 - Redline of Amended Complaint) (30) Docket Text: MOTION for Leave to File an Amended Pleading - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 48 | Motion for Leave to File (Proposed Order) (1) Docket Text: MOTION for Leave to File an Amended Pleading - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Proposed Order)Motions referred to Christopher J. Burke.(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 49 | Letter (Main Document) (4) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian Lemon, Esq., regarding Plaintiffs' Motion for Leave to File an Amended Pleading. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 49 | Letter (Exhibit 1 - Amended Complaint) (30) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian Lemon, Esq., regarding Plaintiffs' Motion for Leave to File an Amended Pleading. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 49 | Letter (Exhibit 2 - Redline of Amended Complaint) (30) Docket Text: Letter to The Honorable Christopher J. Burke, from Brian Lemon, Esq., regarding Plaintiffs' Motion for Leave to File an Amended Pleading. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Lemon, Brian) Modified on 10/23/2019 (nms). |
| Oct 22, 2019 | 50 | Reply Brief (17) Docket Text: REPLY BRIEF re [29] MOTION to Transfer Case to the United States District Court for the Northern District of Illinois filed by Clearone, Inc.. (Lyons, Jeffrey) |
| Oct 21, 2019 | N/A | Remark (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 (dlb) |
| Oct 18, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Douglas J. Dixon for Clearone, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
| Oct 16, 2019 | 45 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Elizabeth D. Ferrill and Joseph M. Schaffner - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certifications for Elizabeth D. Ferrill and Joseph M. Schaffner)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Oct 16, 2019 | 45 | Motion for Leave to Appear Pro Hac Vice (Certifications for Elizabeth D. Ferrill and Joseph M. Schaffner) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Elizabeth D. Ferrill and Joseph M. Schaffner - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certifications for Elizabeth D. Ferrill and Joseph M. Schaffner)Motions referred to Christopher J. Burke.(Lemon, Brian) |
| Oct 15, 2019 | 43 | Reply Brief (16) Docket Text: REPLY BRIEF re [21] MOTION to Dismiss, filed by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/16/2019 (nms). |
| Oct 15, 2019 | 44 | Reply Brief (13) Docket Text: REPLY BRIEF re [26] MOTION to Stay Discovery Pending Decision on Motion to Dismiss filed by Clearone, Inc.. (Lyons, Jeffrey) |
| Oct 8, 2019 | 41 | Redacted Document (9) Docket Text: REDACTED VERSION of [34] Declaration by Clearone, Inc.. (Lyons, Jeffrey) |
| Oct 7, 2019 | 39 | Answering Brief in Opposition (Main Document) (18) Docket Text: ANSWERING BRIEF in Opposition re [26] MOTION to Stay Discovery Pending Decision on Motion to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: # (1) Exhibit A)(Lemon, Brian) |
| Oct 7, 2019 | 39 | Answering Brief in Opposition (Exhibit A) (17) Docket Text: ANSWERING BRIEF in Opposition re [26] MOTION to Stay Discovery Pending Decision on Motion to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: # (1) Exhibit A)(Lemon, Brian) |
| Oct 7, 2019 | 40 | Answering Brief in Opposition (Main Document) (26) Docket Text: ANSWERING BRIEF in Opposition re [21] MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: # (1) Exhibit A-D)(Lemon, Brian) |
| Oct 7, 2019 | 40 | Answering Brief in Opposition (Exhibit A-D) (30) Docket Text: ANSWERING BRIEF in Opposition re [21] MOTION to Dismiss filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 10/15/2019. (Attachments: # (1) Exhibit A-D)(Lemon, Brian) |
| Oct 4, 2019 | 36 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiffs Initial Disclosures Identifying Defendants Accused Products and Plaintiffs Asserted Patents filed by Shure Acquisition Holdings, Inc., Shure Incorporated.(Lemon, Brian) |
| Oct 4, 2019 | 37 | Reply Brief (15) Docket Text: REPLY BRIEF re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit filed by Clearone, Inc.. (Lyons, Jeffrey) |
| Oct 4, 2019 | 38 | Declaration (Main Document) (3) Docket Text: DECLARATION of Christina V. Rayburn re [37] Reply Brief, by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Lyons, Jeffrey) Modified on 10/8/2019 (nms). |
| Oct 4, 2019 | 38 | Declaration (Exhibit 1) (5) Docket Text: DECLARATION of Christina V. Rayburn re [37] Reply Brief, by Clearone, Inc.. (Attachments: # (1) Exhibit 1)(Lyons, Jeffrey) Modified on 10/8/2019 (nms). |
| Oct 1, 2019 | 29 | Motion to Transfer Case (3) Docket Text: MOTION to Transfer Case to the United States District Court for the Northern District of Illinois - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) |
| Oct 1, 2019 | 30 | Opening Brief in Support (28) Docket Text: OPENING BRIEF in Support re [29] MOTION to Transfer Case to the United States District Court for the Northern District of Illinois filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/15/2019. (Lyons, Jeffrey) |
| Oct 1, 2019 | 31 | Declaration (Main Document) (6) Docket Text: DECLARATION of Christina V. Rayburn re [30] Opening Brief in Support, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-20)(Lyons, Jeffrey) Modified on 10/2/2019 (nms). |
| Oct 1, 2019 | 31 | Declaration (Exhibits 1-20) (30) Docket Text: DECLARATION of Christina V. Rayburn re [30] Opening Brief in Support, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-20)(Lyons, Jeffrey) Modified on 10/2/2019 (nms). |
| Oct 1, 2019 | 32 | Declaration (4) Docket Text: DECLARATION of Derek Graham re [30] Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms). |
| Oct 1, 2019 | 33 | Declaration (3) Docket Text: DECLARATION of Narsi Narayanan re [30] Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms). |
| Oct 1, 2019 | 35 | Declaration (3) Docket Text: DECLARATION of Jason DiCampello re [30] Opening Brief in Support, by Clearone, Inc.. (Lyons, Jeffrey) Modified on 10/2/2019 (nms). |
| Sep 24, 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 10/28/2019 at 01:00 PM before Judge Christopher J. Burke. Counsel for Plaintiffs shall initiate the call. Ordered by Judge Christopher J. Burke on 9/24/2019. (dlb) |
| Sep 23, 2019 | 21 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 22 | Opening Brief in Support (28) Docket Text: OPENING BRIEF in Support re [21] MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/7/2019. (Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 23 | Declaration (Main Document) (2) Docket Text: DECLARATION re [22] Opening Brief in Support, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-2)(Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 23 | Declaration (Exhibits 1-2) (30) Docket Text: DECLARATION re [22] Opening Brief in Support, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-2)(Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 24 | Letter (Main Document) (3) Docket Text: Letter to Christopher J. Burke, from Brian R. Lemon, Esq., regarding case management. (Attachments: # (1) Case Management Checklist)(Lemon, Brian) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 24 | Letter (Case Management Checklist) (3) Docket Text: Letter to Christopher J. Burke, from Brian R. Lemon, Esq., regarding case management. (Attachments: # (1) Case Management Checklist)(Lemon, Brian) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 25 | Proposed Order (17) Docket Text: PROPOSED Scheduling Order, by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 26 | Motion to Stay (3) Docket Text: MOTION to Stay Discovery Pending Decision on Motion to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 23, 2019 | 27 | Opening Brief in Support (13) Docket Text: OPENING BRIEF in Support re [26] MOTION to Stay Discovery Pending Decision on Motion to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 10/7/2019. (Lyons, Jeffrey) Modified on 9/24/2019 (nms). |
| Sep 20, 2019 | 20 | Answering Brief in Opposition (Main Document) (26) Docket Text: ANSWERING BRIEF in Opposition re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 9/27/2019. (Attachments: # (1) Exhibit A-J)(Kelly, Michael) |
| Sep 20, 2019 | 20 | Answering Brief in Opposition (Exhibit A-J) (30) Docket Text: ANSWERING BRIEF in Opposition re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit filed by Shure Acquisition Holdings, Inc., Shure Incorporated.Reply Brief due date per Local Rules is 9/27/2019. (Attachments: # (1) Exhibit A-J)(Kelly, Michael) |
| Sep 9, 2019 | 19 | Amended Complaint* (1) |
| Sep 9, 2019 | 19 | Amended Complaint (Main Document) (27) Docket Text: AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-F)(Kelly, Michael) |
| Sep 9, 2019 | 19 | Amended Complaint (Exhibit A-F) (30) Docket Text: AMENDED COMPLAINT against Clearone, Inc.- filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-F)(Kelly, Michael) |
| Sep 4, 2019 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Alexander M. Boyer,Gerald F. Ivey,Elliot C. Cook,Mareesa A. Frederick for Shure Acquisition Holdings, Inc., Shure Incorporated 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) |
| Aug 27, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [18] Joint STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendant's Motion to Dismiss (D.I. 10) and Motion to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit (D.I. 12) to Friday, September 20, 2019; and for Defendant to fil filed by Shure Acquisition Holdings, Inc., Shure Incorporated. Ordered by Judge Christopher J. Burke on 8/27/2019. (mlc) |
| Aug 27, 2019 | 18 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION and Proposed Order to Extend Time - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Lemon, Brian) Modified on 8/27/2019 (nms). |
| Aug 26, 2019 | 17 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Alexandra M. Joyce on behalf of Shure Acquisition Holdings, Inc., Shure Incorporated (Joyce, Alexandra) |
| Aug 23, 2019 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORAL ORDER: The case is now referred to Magistrate Judge Christopher J. Burke for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 8/23/2019. (nms) |
| Aug 23, 2019 | 10 | Motion to Dismiss for Failure to State a Claim (2) Docket Text: MOTION to Dismiss - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 11 | Opening Brief in Support (29) Docket Text: OPENING BRIEF in Support re [10] MOTION to Dismiss, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 9/6/2019. (Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 12 | Motion to Stay (3) Docket Text: MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit - filed by Clearone, Inc.. Motions referred to Christopher J. Burke.(Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 13 | Opening Brief in Support (16) Docket Text: OPENING BRIEF in Support re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, filed by Clearone, Inc..Answering Brief/Response due date per Local Rules is 9/6/2019. (Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 14 | Declaration (Main Document) (4) Docket Text: DECLARATION of Douglas J. Dixon re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-5)(Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 14 | Declaration (Exhibits 1-5) (30) Docket Text: DECLARATION of Douglas J. Dixon re [12] MOTION to Stay Litigation Pending Inter Partes Review of the Patent-In-Suit, by Clearone, Inc.. (Attachments: # (1) Exhibits 1-5)(Flynn, Michael) Modified on 8/26/2019 (nms). |
| Aug 23, 2019 | 15 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Clearone, Inc.. (Flynn, Michael) |
| Aug 23, 2019 | 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 Burke's 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 Burke's "Rule 16 Scheduling Order - Patent" up through and including paragraph number 18 (i.e., regarding the portions of the case schedule leading up to but not including the pretrial conference stage of the case) and that is consistent with paragraphs 13-16 of Judge Andrews' "Rule 16 Scheduling Order Patent" (i.e., regarding the portions of the case schedule from the pretrial conference through trial); 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 a 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 Andrews' portions of the District Court's website. Ordered by Judge Christopher J. Burke on 8/23/2019. (dlb) |
| Aug 9, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [6] STIPULATION TO EXTEND TIME to ANSWER the Complaint to August 23, 2019 (*Reset Answer Deadlines: Clearone, Inc. answer due 8/23/2019). Signed by Judge Richard G. Andrews on 8/8/2019. (nms) |
| Aug 8, 2019 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer, filed by Shure Acquisition Holdings, Inc., Shure Incorporated, and [8] MOTION for Pro Hac Vice Appearance of Attorney John C. Hueston, Doug Dixon, Christina V. Rayburn and Sourabh Mishra, filed by Clearone, Inc.. Signed by Judge Richard G. Andrews on 8/8/2019. (nms) |
| Aug 8, 2019 | 8 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John C. Hueston, Doug Dixon, Christina V. Rayburn and Sourabh Mishra - filed by Clearone, Inc.. (Flynn, Michael) |
| Jul 31, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms) |
| Jul 26, 2019 | 7 | Motion for Leave to Appear Pro Hac Vice (Main Document) (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certifications for Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer)(Kelly, Michael) |
| Jul 26, 2019 | 7 | Motion for Leave to Appear Pro Hac Vice (Certifications for Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Al) (4) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer - filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (Attachments: # (1) Certifications for Gerald F. Ivey, Mareesa A. Frederick, Elliot C. Cook, and Alexander M. Boyer)(Kelly, Michael) |
| Jul 25, 2019 | 6 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME to ANSWER the Complaint to August 23, 2019 - filed by Clearone, Inc.. (Flynn, Michael) Modified on 8/8/2019 (nms). |
| Jul 24, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (nmg) |
| Jul 19, 2019 | 5 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Shure Incorporated, Shure Acquisition Holdings, Inc.. Clearone, Inc. served on 7/19/2019, answer due 8/9/2019. (Kelly, Michael) |
| Jul 18, 2019 | 1 | Complaint* (1) |
| Jul 18, 2019 | N/A | Summons Issued (0) Docket Text: Summons Issued with Magistrate Consent Notice attached as to Clearone, Inc. on 7/18/2019. 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. (sam) |
| Jul 18, 2019 | 1 | Complaint (Main Document) (23) Docket Text: COMPLAINT filed with Jury Demand against Clearone, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2689135.) - filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(sam) |
| Jul 18, 2019 | 1 | Complaint (Exhibit A-F) (30) Docket Text: COMPLAINT filed with Jury Demand against Clearone, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2689135.) - filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(sam) |
| Jul 18, 2019 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT filed with Jury Demand against Clearone, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2689135.) - filed by Shure Incorporated, Shure Acquisition Holdings, Inc.. (Attachments: # (1) Exhibit A-F, # (2) Civil Cover Sheet)(sam) |
| Jul 18, 2019 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) |
| Jul 18, 2019 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,565,493. (sam) |
| Jul 18, 2019 | 4 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Shure Acquisition Holdings, Inc., Shure Incorporated. (sam) |
| Jun 10, 2019 | 1 | Complaint (23) |
