Case number 1:20-cv-12288
SimpliSafe, Inc. v. Skybell Technologies, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 14, 2022 | 61 | Judge Allison D. Burroughs: ORDER DISMISSING CASE entered granting 60 Joint MOTION to Dismiss All Claims. (McManus, Caetlin) Docket text modified on 12/14/2022 (McManus, Caetlin). (Entered: 12/14/2022) (1) |
| Dec 13, 2022 | 60 | Joint MOTION to Dismiss All Claims by Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Flores, Javier) (Entered: 12/13/2022) (0) |
| Oct 21, 2022 | 59 | Reply to Preliminary Claim Construction Briefs by SimpliSafe, Inc.. (Attachments: # 1 Declaration of Kristina Cary, # 2 Exhibit 27, # 3 Exhibit 28)(Cary, Kristina) (Entered: 10/21/2022) (0) |
| Oct 21, 2022 | 58 | Reply to Preliminary Claim Construction Briefs by SB IP Holdings, LLC, Skybell Technologies, Inc.. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14)(Sorden, Gary) (Entered: 10/21/2022) (0) |
| Sep 9, 2022 | 57 | Preliminary Claim Construction Briefs by SimpliSafe, Inc.. (Attachments: # 1 Declaration of Kristina Cary, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26)(Cary, Kristina) (Entered: 09/09/2022) (0) |
| Sep 9, 2022 | 56 | Preliminary Claim Construction Briefs by SB IP Holdings, LLC. (Attachments: # 1 Exh. 1, # 2 Exh. 2, # 3 Exh. 3, # 4 Exh. 4, # 5 Exh. 5, # 6 Exh. 6, # 7 Exh. 7, # 8 Exh. 8, # 9 Exh. 9, # 10 Exh. 10, # 11 Exh. 11)(Sorden, Gary) (Entered: 09/09/2022) (0) |
| Aug 19, 2022 | 55 | Joint Claim Construction and Prehearing Statement by Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc.. (Attachments: # 1 Exhibit A)(King, Brian) (Entered: 08/19/2022) (0) |
| Jun 24, 2022 | 54 | Amended ANSWER to Counterclaim by SimpliSafe, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Cary, Kristina) (Entered: 06/24/2022) (0) |
| Jun 3, 2022 | 53 | Answer to Counterclaim (17) Docket Text: ANSWER to Counterclaim by SimpliSafe, Inc..(Cary, Kristina) |
| May 18, 2022 | 52 | Scheduling Order (5) Docket Text: Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER. (McManus, Caetlin) |
| May 13, 2022 | 51 | Protective Order (29) Docket Text: Judge Allison D. Burroughs: ORDER entered. PROTECTIVE ORDER.(McManus, Caetlin) |
| Apr 29, 2022 | N/A | Order Lifting Stay (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Currently before the Court is Plaintiff SimpliSafe, Inc.’s (“SimpliSafe”) motion to partially lift the stay of proceedings, [ECF No. [29]], which SkyBell Technologies, Inc., SB IP Holdings, LLC, and Eyetalk365, LLC (collectively, “Defendants”) oppose in favor of maintaining the stay or lifting it in its entirety, see [ECF No. [32]]. For the reasons stated below, the motion, [ECF No. [29]], is GRANTED in part and DENIED in part, and the stay on the matter is lifted entirely.This Court has “broad discretion to stay cases,” Thakkar v. United States, 389 F. Supp. 3d 160, 171 (D. Mass. 2019) (citation omitted); see also Landis v. N. American Co., 299 U.S. 248, 254 (1936), and typically considers three factors, looking at the totality of the circumstances, to determine whether a stay is appropriate: “(1) the stage of the litigation, including whether discovery is complete and a trial date has been set; (2) whether a stay will simplify the issues in question and the trial of the case; and (3) whether a stay will unduly prejudice or present a clear tactical disadvantage to the nonmoving party.” ACQIS, LLC v. EMC Corp., 109 F. Supp. 3d 352, 356 (D. Mass. 2015) (quoting SurfCast, Inc. v. Microsoft Corp., No. 12-cv-00333, 2014 WL 6388489, at *1 (D. Me. Nov. 14, 2014)).The parties initially agreed that the current stay would last only until the International Trade Commission (“ITC”) issued its Final Determination on the validity of U.S. Patent Nos. 9,432,638, 9,485,478, 10,094,796, 10,097,797, 10,200,660, 10,523,906, and 10,674,120 (collectively, “the Patents-in-Suit”). See [ECF No. [26]]. Thereafter, on November 10, 2021, the ITC issued its Final Determination in which it declared the Patents-in-Suit invalid as a matter of law. See [ECF No. [29] at 1–3; ECF No. [29]-2 (ITC’s Final Determination and Termination of Investigation)].With the issuance of the Final Determination in its favor, SimpliSafe now moves the Court to partially lift the stay for the sole purpose of filing its motion for summary judgment on Count XV of the Amended Complaint, concerning the invalidity of the Patents-in-Suit. See [ECF No. [29]; ECF No. [12] (Amended Complaint)]. SimpliSafe argues that partially lifting the stay would be the most efficient course because resolution of this discrete issue in their favor would dispose of the action entirely and avoid costly discovery, while maintaining the stay would unfairly prevent SimpliSafe from defending itself against Defendants’ infringement allegations. See [ECF No. [29]]. Defendants respond that the Court should not lift the stay chiefly because the ITC’s Final Determination does not resolve the issues in this case and they are appealing the ITC’s decision to the Federal Circuit. [ECF No. [32] at 2–3, n.1]. Defendants further aver that partially lifting the stay would be acutely prejudicial because it would allow SimpliSafe to proceed on its claims and prohibit Defendants from prosecuting theirs, and alternatively suggest lifting the stay entirely. [Id. at 3–4].Considering that the circumstances that warranted the stay no longer exist, and that both parties suggest that entirely lifting the stay would be a fair course, see [ECF No. [39] at n.1 (SimpliSafe’s reply stating that if it prefers the Court lift the stay entirely rather than keep it in place)], the stay will be lifted entirely. There is no longer any compelling reason to maintain the stay, especially considering that any appeal to the Federal Circuit may not be decided until after the patents expire in October 2023. See [ECF No. [29] at 3]. Fully lifting the stay will allow both sides to prosecute their respective claims and defenses in a timely and fair manner.The parties shall file a proposed joint schedule by Friday, May 13, 2022 and indicate whether they object to the Court setting a schedule on the written submission. (McManus, Caetlin) |
| Feb 3, 2022 | 47 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Gary Sorden on behalf of Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc. (Sorden, Gary) |
| Feb 2, 2022 | 46 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Timothy J.H. Craddock on behalf of Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc. (Craddock, Timothy) |
| Jan 26, 2022 | 45 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Brian King on behalf of Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc. (King, Brian) |
| Jan 26, 2022 | 44 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Vishal H. Patel on behalf of Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc. (Patel, Vishal) |
| Jan 20, 2022 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [41] Motion for Leave to Appear Pro Hac Vice Added Timothy H.J. Craddock. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Jan 20, 2022 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [40] Motion for Leave to Appear Pro Hac Vice Added Gary R. Sorden. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Jan 13, 2022 | 39 | Reply to Response to Motion (7) Docket Text: REPLY to Response to [29] MOTION to Stay Motion to Partially Lift Stay of Proceedings filed by SimpliSafe, Inc.. (Cary, Kristina) |
| Jan 13, 2022 | N/A | Order on Motion for Leave to File (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [37] Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Jan 12, 2022 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [34] Motion for Leave to Appear Pro Hac Vice Added Vishal H. Patel. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Jan 12, 2022 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [33] Motion for Leave to Appear Pro Hac Vice Added Brian L. King. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Jan 5, 2022 | 32 | Opposition to Motion (6) Docket Text: Opposition re [29] MOTION to Stay Motion to Partially Lift Stay of Proceedings filed by Eyetalk365, LLC, SB IP Holdings, LLC, Skybell Technologies, Inc.. (Flores, Javier) |
| Dec 20, 2021 | N/A | Order on Motion for Extension of Time to File Response/Reply (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [30] MOTION for Extension of Time to January 5, 2022 to File Response/Reply as to [29] MOTION to Stay Motion to Partially Lift Stay of Proceedings , Responses due by 1/5/2021 (Folan, Karen) |
| Dec 17, 2021 | 30 | Motion for Extension of Time to File Response/Reply (3) Docket Text: MOTION for Extension of Time to January 5, 2022 to File Response/Reply as to [29] MOTION to Stay Motion to Partially Lift Stay of Proceedings by Skybell Technologies, Inc..(Flores, Javier) |
| Jun 3, 2021 | N/A | Order on Motion to Stay (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [26] Motion to Stay case. (Folan, Karen) |
| Jun 3, 2021 | N/A | Order on Motion for Extension of Time (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [25] Motion for Extension of Time to Submit a Proposed Schedule. (Folan, Karen) |
| May 20, 2021 | N/A | Order (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 6/3/21 and indicate whether they object to the court setting a schedule on the written submission.(Folan, Karen) |
| Apr 20, 2021 | N/A | Order on Motion for Extension of Time to Answer (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [21] Motion for Extension of Time to Answer Eyetalk365, LLC answer due 5/19/2021; SB IP Holdings, LLC answer due 5/19/2021; Skybell Technologies, Inc. answer due 5/19/2021. (Folan, Karen) |
| Apr 19, 2021 | 21 | Motion for Extension of Time to File Answer (3) Docket Text: First MOTION for Extension of Time to May 19, 2021 to File Answer re [12] Amended Complaint,, by SimpliSafe, Inc..(Cary, Kristina) |
| Apr 6, 2021 | 20 | Motion to Withdraw as Attorney (2) Docket Text: Notice of Withdrawal of Appearance by SimpliSafe, Inc..(Dalton, Joshua) Modified on 4/6/2021 (McDonagh, Christina). |
| Mar 30, 2021 | 19 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed Eyetalk365, LLC served on 3/29/2021, answer due 4/19/2021. (Cary, Kristina) |
| Mar 30, 2021 | 18 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed SB IP Holdings, LLC served on 3/29/2021, answer due 4/19/2021. (Cary, Kristina) |
| Mar 30, 2021 | 17 | Summons Returned Executed (3) Docket Text: SUMMONS Returned Executed Skybell Technologies, Inc. served on 3/29/2021, answer due 4/19/2021. (Cary, Kristina) |
| Mar 29, 2021 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [10] Motion for Leave to Appear Pro Hac Vice Added Akshay S. Deoras. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Mar 29, 2021 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [9] Motion for Leave to Appear Pro Hac Vice Added Leslie M. Schmidt. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Mar 29, 2021 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [8] Motion for Leave to Appear Pro Hac Vice Added Michael W. DeVries. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Mar 29, 2021 | N/A | Order on Motion for Leave to Appear (0) Docket Text: Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting [11] Motion for Leave to Appear Pro Hac Vice Added Adam R. Alper. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Mar 26, 2021 | 7 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice for admission of Adam R. Alper Filing fee: $ 100, receipt number 0101-8700357 by SimpliSafe, Inc..(Cary, Kristina) |
| Mar 26, 2021 | 6 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Kristina R. Cary on behalf of SimpliSafe, Inc. (Cary, Kristina) |
| Mar 26, 2021 | 12 | Amended Complaint* (1) |
| Dec 29, 2020 | 5 | Summons Issued (2) Docket Text: Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Vieira, Leonardo) |
| Dec 29, 2020 | N/A | Notice of Case Assignment (0) Docket Text: ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) |
| Dec 28, 2020 | 3 | Report on the filing of patent/trademark case (1) Docket Text: REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Dalton, Joshua) |
| Dec 28, 2020 | 2 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT by SimpliSafe, Inc.. (Dalton, Joshua) |
| Dec 28, 2020 | 1 | Complaint* (1) |
