Case number 1:21-cv-01591
The Nielsen Company (US), LLC v. Hyphametrics, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 29, 2023 | 121 | NOTICE of Withdrawal and Removal of Counsel by HyphaMetrics, Inc. (Scrivani, Stacey) (Entered: 09/29/2023) (2) |
| Sep 26, 2023 | 120 | SO ORDERED D.I. 119 Stipulation to Amend Scheduling Order filed by The Nielsen Company (US), LLC, Resetting Deadlines/Hearings see Stipulation for details - Fact Discovery completed by 1/19/2024, Dispositive Motions due by 6/24/2024, Status Report due by 12/13/2023, A Hearing on Dispositive/Daubert Motions is set for 8/28/2024 at 11:00 AM before Judge Christopher J. Burke. Ordered by Judge Christopher J. Burke on 9/26/2023. (dlb) (Entered: 09/26/2023) (3) |
| Sep 25, 2023 | 119 | STIPULATION to Amend Scheduling Order re 44 Stipulation, 56 Order,,, Terminate Deadlines and Hearings,,, Set Deadlines/Hearings,, 28 Scheduling Order,,, by The Nielsen Company (US), LLC. (Moore, David) (Entered: 09/25/2023) (3) |
| Sep 19, 2023 | 118 | REDACTED VERSION of 113 Notice to Take Deposition by The Nielsen Company (US), LLC. (Brown, Andrew) (Entered: 09/19/2023) (18) |
| Sep 15, 2023 | 116 | NOTICE OF SUBSTITUTION OF COUNSEL re HyphaMetrics, Inc.: Entry of appearance of attorney John G. Day. Attorney Stacey A. Scrivani, Joseph H. Huston, Jr., Mark H. Anania, Kristen M. Smith, David L. DAmato, Stephanie Lopez, and Michael Eisenberg of the lawfirm Stevens and Lee P.C. terminated. (Day, John) (Entered: 09/15/2023) (2) |
| Sep 15, 2023 | 117 | MOTION for Pro Hac Vice Appearance of Attorney Edward A. Pennington and Beth Oliak - filed by HyphaMetrics, Inc.. Motions referred to Christopher J. Burke.(Day, John) (Entered: 09/15/2023) (5) |
| Sep 14, 2023 | 115 | NOTICE of Withdrawal of Brandon R. Harper as counsel for Plaintiff by The Nielsen Company (US), LLC (Moore, David) (Entered: 09/14/2023) (2) |
| Sep 12, 2023 | 113 | [SEALED] NOTICE to Take Deposition of HyphaMetrics, Inc. on October 17, 2023 filed by The Nielsen Company (US), LLC.(Brown, Andrew) (Entered: 09/12/2023) (0) |
| Sep 12, 2023 | 114 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Third Set Of Interrogatories To Defendant HyphaMetrics, Inc. [Highly Confidential Outside Attorneys' Eyes Only]; and Plaintiff The Nielsen Company (US), LLC's Fourth Set Of Requests For The Production Of Documents And Things To Defendant HyphaMetrics, Inc. [Highly Confidential Outside Attorneys' Eyes Only] filed by The Nielsen Company (US), LLC.(Brown, Andrew) (Entered: 09/12/2023) (2) |
| Jul 28, 2023 | 111 | MOTION for Pro Hac Vice Appearance of Attorney Douglas Lewis of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) (Entered: 07/28/2023) (3) |
| Jul 28, 2023 | 112 | MOTION for Pro Hac Vice Appearance of Attorney Paul H. Berghoff and James L. Lovsin of McDonnell Boehnen Hulbert & Berghoff LLP - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) (Entered: 07/28/2023) (4) |
| Jun 23, 2023 | 110 | NOTICE OF SERVICE of The Nielsen Company (US), LLC's Supplemental Claim Chart [Highly Confidential Outside Attorneys' Eyes Only] filed by The Nielsen Company (US), LLC.(Palapura, Bindu) (Entered: 06/23/2023) (2) |
| Jun 9, 2023 | 108 | ORAL ORDER: The Court, having reviewed the parties' motions for claim construction regarding one of two terms/term sets to be construed (the "measuring/measured power consumption" term set), (D.I. 70 ; D.I. 71 ), the briefing related thereto, (D.I. 96), having considered the legal standards regarding claim construction, see Virco Mfg. Corp. v. SSI Liquidating Inc., Civil Action No. 20-906-LPS-CJB, 2022 WL 1184060, at *1-2 (D. Del. Apr. 21, 2022), and having heard argument at a Markman hearing on June 8, 2023, hereby ORDERS as follows with regard to this term set: (1) With regard to the parties' dispute in the briefing regarding whether "measuring/measured" must involve a quantitative assessment, (D.I. 96 at 18, 25), Plaintiff's counsel indicated at the hearing that there was no longer a live dispute regarding this issue. The Court therefore declines to address the issue at this time.; (2) With regard to the parties' dispute regarding whether the construction for the term set should indicate that an example of "measuring the power consumption" is "measuring current consumption," the Court declines to do so. Although it was not clear in the parties' briefing, during the hearing, it became clear that the key dispute regarding this term set is Defendant's belief that Plaintiff's proposed construction is incorrect because in order to measure power from current, one must also utilize voltage (and Plaintiff's proposal does not require the use of voltage). At times, the patent specification does use language that could suggest that "current consumption" is a synonym for power consumption, in line with Plaintiff's proposed construction. (See, e.g., 944 patent, col. 6:35-39 (noting that the state monitor "can monitor the power consumption (e.g., by monitoring current consumption)"); see also id., col. 6:1-5 (same); id., col. 8:18-24 (same)) Ultimately, however, as Defendant's counsel noted at the hearing, in its briefing, Plaintiff essentially admitted that Defendant's position is the correct one here. In footnote three of the brief, in explaining how "measuring power consumption can be accomplished by monitoring current consumption[,]" Plaintiff stated "[i]f the voltage is known (for example, when using a 120 V household outlet), power can be derived from measured current." (D.I. 96 at 13 & n.3 (emphasis omitted)) Put differently, Plaintiff's statement tells us that if the voltage is not known, power cannot be derived from measured current. Indeed, Plaintiff also stated the same thing in its technology tutorial. (See Defendant's Markman Presentation, Slide 12; see also, e.g., D.I. 97, ex. D at 548 (defining "power" to mean, inter alia, "[i]n direct-current circuits, and in alternating-current circuits containing no reactance, power is the product of the root-mean-square current and voltage")); and (3) The Court, having herein resolved the parties' key dispute with respect to this term set, and with there otherwise being no live disputes relating to the term set, concludes that these terms should simply be afforded their plain and ordinary meaning. See, e.g., Finjan, Inc. v. Secure Computing Corp., 626 F.3d 1197, 1207 (Fed. Cir. 2010) (concluding that the district court's rejection of defendant's construction and its adoption of "plain and ordinary meaning" as to a claim term properly resolved the dispute between the parties). Ordered by Judge Christopher J. Burke on 6/9/2023. (mlc) (Entered: 06/09/2023) (0) |
| Jun 9, 2023 | 109 | ORAL ORDER: The Court, having reviewed the parties' motions for claim construction regarding the second term/term set to be construed ("monitor the media presentation device"), (D.I. 70 ; D.I. 71 ), the briefing related thereto, (D.I. 96), having considered the legal standards regarding claim construction, see Virco Mfg. Corp. v. SSI Liquidating Inc., Civil Action No. 20-906-LPS-CJB, 2022 WL 1184060, at *1-2 (D. Del. Apr. 21, 2022), and having heard argument at a Markman hearing on June 8, 2023, hereby ORDERS as follows: (1) The key dispute with respect to this term is whether "monitor the media presentation device" can only be accomplished by "detect[ing] the media content presented by a media presentation device [MPD,']" as Plaintiff proposes. For the following reasons, the Court sides with Defendant and concludes that Plaintiff's proposed construction is incorrect.; (2) It cannot be disputed that, as a general matter, the term "monitor" could have many different meanings. (Compare D.I. 97, ex. H at 1814 (defining "monitor" to mean, inter alia, "[o]bserve, supervise, keep under review), with id., ex. G at 297 (defining "monitor" to mean, inter alia, "[a]n instrument that measures continuously or at intervals a condition which must be kept within prescribed limits, such as the image picked up by a television camera [or] the sound picked up by a microphone at a radio or television studio")); (3) Pursuant to claim 7 of the 994 patent, the audience measurement meter ("AMM") monitors the MPD. And it is true that there are times where the specification describes the AMM as monitoring the MPD by monitoring media content. (See, e.g., 994 patent, col. 4:27-30 ("The audience measurement meters 115A-C can each correspond to any type of metering device capable of monitoring media content presented by the respective media presentation devices 110A-C.")) However, as Defendant's counsel pointed out during the hearing (though the Court wishes that Defendant had earlier pointed this out in its briefing), the specification also suggests that the AMM can take into account other audience measurement data, such as "media content identification information, source identification information, content presentation duration information, audience member interaction information (e.g., such as channel and volume change information, digital video recorder command selections, etc.), audience member identification information, etc." (Id., col. 5:7-13; see also id., col. 22:65); (4) Here, it is Plaintiff that is seeking the narrower construction, and with some evidence in the patent suggesting that this narrower definition is not accurate, Defendant should prevail.; and (5) The Court, having resolved the parties' dispute with respect to this term, and with there otherwise being no live disputes relating to the term, hereby concludes that "monitor the media presentation device" should be afforded its plain and ordinary meaning. Ordered by Judge Christopher J. Burke on 6/9/2023. (mlc) (Entered: 06/09/2023) (0) |
| Jun 6, 2023 | 107 | NOTICE of Appearance by Joseph H. Huston, Jr on behalf of HyphaMetrics, Inc. (Huston, Joseph) (Entered: 06/06/2023) (3) |
| Jun 5, 2023 | 106 | Joint Letter to The Honorable Christopher J. Burke from Bindu A. Palapura regarding Markman hearing pursuant to the Court's Oral Order of May 31, 2023 - re 102 Oral Order,,,,,,. (Attachments: # 1 Exhibit A-B)(Palapura, Bindu) (Entered: 06/05/2023) (0) |
| Jun 1, 2023 | 104 | ORAL ORDER: The Court hereby ORDERS that Plaintiff's motion to compel Defendant to produce the experimental reports and all other factual and non-opinion documents concerning the same subject matter, (D.I. 79), appears to have been fully resolved, since the Court has not received two translated copies of the Slack Messages to date, (see D.I. 93 at 5). The motion is terminated. Ordered by Judge Christopher J. Burke on 5/31/2023. (dlb) Modified on 6/1/2023 (dlb). (Entered: 06/01/2023) (0) |
| May 31, 2023 | 102 | ORAL ORDER: The Court, having reviewed the parties' May 30, 2023 letter regarding the Markman hearing (the "May 30 letter"), (D.I. 98), hereby ORDERS as follows: (1) The Court hereby ADOPTS the parties' proposal regarding time allocation. Two hours will be allocated for argument, to be split equally between the parties.; (2) With respect to the order of the terms and which side will present argument first for each term, the Court ADOPTS the proposals set out in the May 30 letter. (3) On or before June 5, 2023, Delaware 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. In a joint letter that the parties shall submit by June 5, the parties shall identify by name each individual who participated in this 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.; and (4) In this letter, the parties should also let the Court know if there is joint agreement to conduct the Markman hearing via videoconference. If there is joint agreement, the Court will do so; if there is not joint agreement, then the hearing will go forward as an in-person hearing in Courtroom 2A.Ordered by Judge Christopher J. Burke on 5/31/2023. (dlb) (Entered: 05/31/2023) (0) |
| May 31, 2023 | 103 | NOTICE OF SERVICE of Defendant's HyphaMetrics, Inc.'s Document Production filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 05/31/2023) (2) |
| May 30, 2023 | 95 | Letter to The Honorable Christopher J. Burke from David E. Moore regarding enclosure of Plaintiff's Technology Tutorial. (Moore, David) (Entered: 05/30/2023) (1) |
| May 30, 2023 | 96 | [SEALED] Joint JOINT CLAIM CONSTRUCTION BRIEF filed by The Nielsen Company (US), LLC. (Moore, David) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 97 | [SEALED] Joint APPENDIX re 96 Joint Claim Construction Brief by The Nielsen Company (US), LLC. (Attachments: # 1 Exhibit B-I)(Moore, David) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 98 | Joint Letter to The Honorable Christopher J. Burke from David E. Moore regarding Markman hearing. (Moore, David) (Entered: 05/30/2023) (1) |
| May 30, 2023 | 99 | REDACTED VERSION of 96 Joint Claim Construction Brief by The Nielsen Company (US), LLC. (Moore, David) (Entered: 05/30/2023) (30) |
| May 30, 2023 | 100 | REDACTED VERSION of 97 Appendix by The Nielsen Company (US), LLC. (Attachments: # 1 Exhibit B-I)(Moore, David) (Entered: 05/30/2023) (0) |
| May 30, 2023 | 101 | NOTICE of Service of Defendant HyphaMetrics, Inc.s Responses and Objections to Plaintiffs Third Set of Document Requests (Nos. 137-138) by HyphaMetrics, Inc. (Scrivani, Stacey) (Entered: 05/30/2023) (2) |
| May 30, 2023 | 105 | MULTI MEDIA DOCUMENT filed by The Nielsen Company (US), LLC in the form of a 2 thumb drives. Filing related to 95 Letter. (Media on file in Clerk's Office). (dlb) (Entered: 06/02/2023) (0) |
| May 22, 2023 | 94 | NOTICE of SERVICE of Defendant HyphaMetrics, Inc.s Sur-Reply Claim Construction Brief by HyphaMetrics, Inc. (Scrivani, Stacey) (Entered: 05/22/2023) (2) |
| May 19, 2023 | 93 | MEMORANDUM ORDER regarding D.I. 79 Joint MOTION for Discovery VideoConference To Resolve Discovery Dispute filed by The Nielsen Company (US), LLC. Signed by Judge Christopher J. Burke on 5/19/2023. (mlc) (Entered: 05/19/2023) (5) |
| May 11, 2023 | 92 | MOTION for Pro Hac Vice Appearance of Attorney Michael B. Eisenberg, Stephanie Lopez and David L. D'Amato - filed by HyphaMetrics, Inc.. (Scrivani, Stacey) (Entered: 05/11/2023) (4) |
| May 9, 2023 | 89 | NOTICE of Lodging by HyphaMetrics, Inc. (Scrivani, Stacey) (Entered: 05/09/2023) (3) |
| May 9, 2023 | 90 | REDACTED VERSION of 87 Letter by The Nielsen Company (US), LLC. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 05/09/2023) (0) |
| May 9, 2023 | 91 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Reply Claim Construction Brief [Highly Confidential - Attorneys' Eyes Only], and Joint Appendix to Claim Construction Brief with Ex. I [Highly Confidential-Attorneys' Eyes Only] filed by The Nielsen Company (US), LLC.(Brown, Andrew) (Entered: 05/09/2023) (2) |
| May 5, 2023 | 88 | NOTICE OF SERVICE of HyphaMetrics, Inc.'s coreMeter filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 05/05/2023) (3) |
| May 1, 2023 | 86 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Third Set of Document Requests to Defendant HyphaMetrics, Inc. filed by The Nielsen Company (US), LLC.(Brown, Andrew) (Entered: 05/01/2023) (2) |
| May 1, 2023 | 87 | [SEALED] Letter to The Honorable Christopher J. Burke from David E. Moore regarding reply discovery dispute letter brief - re 80 Letter, 83 Letter. (Attachments: # 1 Exhibit A-G)(Moore, David) (Entered: 05/01/2023) (0) |
| Apr 28, 2023 | 85 | REDACTED VERSION of 83 Letter by HyphaMetrics, Inc.. (Attachments: # 1 Frenkel Declaration, # 2 Zussman Declaration)(Scrivani, Stacey) (Entered: 04/28/2023) (0) |
| Apr 24, 2023 | 83 | [SEALED] Letter to The Honorable Christopher J. Burke from Stacey A. Scrivani regarding Discovery Dispute - re 80 Letter. (Attachments: # 1 Frenkel Declaration, # 2 Zussman Declaration)(Scrivani, Stacey) (Entered: 04/24/2023) (0) |
| Apr 24, 2023 | 84 | NOTICE OF SERVICE of Defendant HyphaMetrics, Inc.s Responsive Claim Construction Brief and Exhibits filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 04/24/2023) (2) |
| Apr 20, 2023 | 82 | REDACTED VERSION of 80 Letter by The Nielsen Company (US), LLC. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-F)(Moore, David) (Entered: 04/20/2023) (0) |
| Apr 17, 2023 | 81 | MOTION for Pro Hac Vice Appearance of Attorney Jason P. Greenhut of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Brown, Andrew) (Entered: 04/17/2023) (2) |
| Apr 14, 2023 | 79 | Joint MOTION for Discovery VideoConference To Resolve Discovery Dispute - filed by The Nielsen Company (US), LLC. (Moore, David) (Entered: 04/14/2023) (2) |
| Apr 14, 2023 | 80 | [SEALED] Letter to The Honorable Christopher J. Burke from David E. Moore regarding opening discovery dispute letter brief. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-F)(Moore, David) (Entered: 04/14/2023) (0) |
| Apr 7, 2023 | 78 | NOTICE OF SERVICE of Defendant HyphaMetrics, Inc.s Responses and Objections to Plaintiffs Second Set of Document Requests (Nos. 101-136) filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 04/07/2023) (2) |
| Apr 6, 2023 | 77 | ORAL ORDER Setting Videoconference: The Court has reviewed the parties' April 5, 2023 letter requesting a discovery dispute teleconference regarding two discovery disputes. (D.I. 76) It hereby ORDERS as follows with regard to this dispute: (1) A discovery dispute videoconference using the Microsoft Teams platform is set for May 8, 2023 at 12:30 PM before Judge Christopher J. Burke.; (2) By April 14, 2023, any party seeking relief shall file with the Court a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues.; (3) By April 24, 2023, any party opposing the application for relief may file a letter, not to exceed four (4) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) By no later than May 1, 2023, the party seeking relief shall file with the Court a reply letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font.; (5) The parties shall jointly file a Motion For Videoconference To Resolve Discovery Dispute.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (7) By no later than May 1, 2023, 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 videoconference.; and (8) The Court may choose to resolve the disputes prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the disputes, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference).Ordered by Judge Christopher J. Burke on 4/6/2023. (dlb) (Entered: 04/06/2023) (0) |
| Apr 5, 2023 | 76 | Letter to The Honorable Christopher J. Burke from David E. Moore and Stacey Scrivani regarding request for the scheduling of a discovery teleconference. (Moore, David) (Entered: 04/05/2023) (2) |
| Apr 4, 2023 | 75 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Opening Claim Construction Brief, and Joint Appendix to Claim Construction Brief with Exs. A-D filed by The Nielsen Company (US), LLC.(Moore, David) (Entered: 04/04/2023) (2) |
| Mar 31, 2023 | 74 | CLAIM Construction Chart by The Nielsen Company (US), LLC. (Attachments: # 1 Exhibit A - '994 patent)(Palapura, Bindu) (Entered: 03/31/2023) (0) |
| Mar 8, 2023 | 73 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Second Set of Document Requests to Defendant HyphaMetrics, Inc. filed by The Nielsen Company (US), LLC.(Moore, David) (Entered: 03/08/2023) (2) |
| Feb 17, 2023 | 72 | MOTION for Pro Hac Vice Appearance of Attorney Joshua B. Long of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Brown, Andrew) (Entered: 02/17/2023) (3) |
| Feb 13, 2023 | 69 | CLAIM Construction Chart by The Nielsen Company (US), LLC. (Attachments: # 1 Exhibit A)(Moore, David) (Entered: 02/13/2023) (0) |
| Feb 13, 2023 | 70 | MOTION for Claim Construction re 69 Claim Construction Chart - filed by The Nielsen Company (US), LLC. (Moore, David) (Entered: 02/13/2023) (1) |
| Feb 13, 2023 | 71 | MOTION for Claim Construction re 69 Claim Construction Chart - filed by HyphaMetrics, Inc.. (Scrivani, Stacey) (Entered: 02/13/2023) (2) |
| Jan 31, 2023 | 68 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Claim Terms/Phrases and Proposed Constructions for U.S. Patent No. 8,924,994 (Claim7) filed by The Nielsen Company (US), LLC.(Palapura, Bindu) (Entered: 01/31/2023) (2) |
| Jan 30, 2023 | 67 | NOTICE OF SERVICE of HyphaMetrics' Proposed Constructions filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 01/30/2023) (2) |
| Jan 17, 2023 | 66 | NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Responses to Defendant's First Document Requests, and Plaintiff The Nielsen Company (US), LLC's Responses to Defendant's First Interrogatories filed by The Nielsen Company (US), LLC.(Palapura, Bindu) (Entered: 01/17/2023) (2) |
| Dec 21, 2022 | 65 | NOTICE OF SERVICE of HyphaMetrics, Inc.'s Invalidity Contentions to Nielsen filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 12/21/2022) (2) |
| Dec 16, 2022 | 63 | MOTION for Pro Hac Vice Appearance of Attorney Mark H. Anania and Kristen M. Smith - filed by HyphaMetrics, Inc.. (Scrivani, Stacey) (Entered: 12/16/2022) (4) |
| Dec 16, 2022 | 64 | NOTICE OF SERVICE of Hyphas First Set of Requests for Production of Documents and Things to Plaintiff (Nos. 1-62) and Hyphas First Set of Interrogatories to Plaintiff (Nos. 1-14) filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 12/16/2022) (2) |
| Dec 14, 2022 | 62 | NOTICE of Withdrawal of Counsel by HyphaMetrics, Inc. (Tigan, Jeremy) (Entered: 12/14/2022) (3) |
| Dec 9, 2022 | 61 | STIPULATION TO EXTEND TIME to produce invalidity contentions to December 21, 2022 - filed by HyphaMetrics, Inc.. (Scrivani, Stacey) (Entered: 12/09/2022) (3) |
| Dec 7, 2022 | 60 | MOTION for Pro Hac Vice Appearance of Attorney Mel W. Gaddy - filed by The Nielsen Company (US), LLC. (Moore, David) (Entered: 12/07/2022) (3) |
| Dec 2, 2022 | 59 | NOTICE OF SERVICE of Defendant HyphaMetrics, Inc.s Responses and Objections to Plaintiffs Second Set of Interrogatories to Defendant (No. 7) filed by HyphaMetrics, Inc..(Scrivani, Stacey) (Entered: 12/02/2022) (2) |
| Nov 11, 2022 | 58 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Stacey A. Scrivani on behalf of HyphaMetrics, Inc. (Scrivani, Stacey) |
| Oct 21, 2022 | 57 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Carson R. Bartlett as co-counsel. Reason for request: no longer with the firm of Potter Anderson & Corroon LLP. (Moore, David) |
| Oct 14, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Matthew Chakmakian for The Nielsen Company (US), LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Sep 12, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [52] MOTION to Withdraw as Counsel filed by HyphaMetrics, Inc., Attorney Richard G. Frenkel and Diane E. Ghrist terminated. Ordered by Judge Christopher J. Burke on 9/12/22. (mlc) |
| Sep 12, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [51] MOTION to Stay the Case to Engage New Counsel (Unopposed) filed by HyphaMetrics, Inc., Case stayed. Ordered by Judge Christopher J. Burke on 9/12/22. (mlc) |
| Sep 12, 2022 | 56 | Order (2) Docket Text: ORDER EXTENDING CASE DEADLINES IN LIGHT OF STAY: Amended Pleadings due by 3/10/2023., Discovery due by 11/7/2023., Opening Expert Reports due by 12/18/2023., Joint Claim Construction Brief due by 5/30/2023., Dispositive Motions due by 4/26/2024., A Jury Trial is set for 1/6/2025 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke., A Markman Hearing is set for 6/8/2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke., A Motion Hearing is set for 7/11/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke, A Pretrial Conference is set for 12/13/2024 at 11:30 AM in Courtroom 2A before Judge Christopher J. Burke.. Signed by Judge Christopher J. Burke on 9/12/22. (mlc) |
| Sep 9, 2022 | 51 | Motion to Stay (8) Docket Text: MOTION to Stay the Case to Engage New Counsel (Unopposed) - filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Sep 9, 2022 | 54 | Redacted Document (6) Docket Text: REDACTED VERSION of [52] MOTION to Withdraw as Counsel by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Sep 9, 2022 | 55 | Redacted Document (3) Docket Text: REDACTED VERSION of [53] Declaration by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Sep 6, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [48] MOTION for Pro Hac Vice Appearance of Attorney Matthew Chakmakian of Kelley Drye & Warren LLP filed by The Nielsen Company (US), LLC. Ordered by Judge Christopher J. Burke on 9/6/2022. (dlb) |
| Sep 6, 2022 | 50 | Answer to Counterclaim (4) Docket Text: ANSWER to [47] Answer to Complaint, Counterclaim by The Nielsen Company (US), LLC.(Moore, David) |
| Sep 1, 2022 | 49 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of The Nielsen Company (US), LLC's Initial Claim Chart [Highly Confidential-Outside Attorneys' Eyes Only]; and The Nielsen Company (US), LLC's Second Set of Interrogatories filed by The Nielsen Company (US), LLC.(Palapura, Bindu) |
| Aug 30, 2022 | 47 | Answer to Complaint (27) Docket Text: ANSWER to [1] Complaint, with Jury Demand , COUNTERCLAIM against The Nielsen Company (US), LLC by HyphaMetrics, Inc..(Tigan, Jeremy) |
| Aug 30, 2022 | 48 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Matthew Chakmakian of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Aug 25, 2022 | 46 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Michael J. Weil of Kelley Drye & Warren LLP as co-counsel. Reason for request: no longer working on case. (Moore, David) |
| Aug 19, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [45] Stipulation Regarding Willfulness Claim filed by The Nielsen Company (US), LLC. Ordered by Judge Christopher J. Burke on 8/19/22. (mlc) |
| Aug 18, 2022 | 45 | Stipulation (3) Docket Text: STIPULATION and [Proposed] Order Regarding Willfulness Claim by The Nielsen Company (US), LLC. (Moore, David) |
| Aug 11, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [44] Stipulation filed by HyphaMetrics, Inc. Ordered by Judge Christopher J. Burke on 8/11/2022. (dlb) |
| Aug 10, 2022 | 44 | Stipulation (2) Docket Text: STIPULATION and [Proposed] Order to Extend Scheduling Order Deadlines by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Aug 9, 2022 | 43 | Memorandum Opinion (14) Docket Text: MEMORANDUM OPINION AND ORDER regarding D.I. 10 motion to dismiss. Signed by Judge Christopher J. Burke on 8/9/2022. (dlb) |
| Jul 12, 2022 | 42 | Transcript (281) Docket Text: Official Transcript of Motion Hearing held on 7/8/2022 before Judge Judge Burke. Court Reporter/Transcriber Deanna Warner. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 8/2/2022. Redacted Transcript Deadline set for 8/12/2022. Release of Transcript Restriction set for 10/11/2022. Associated Cases: 1:21-cv-01591-CJB, 1:21-cv-01592-CJB(dlb) |
| Jul 8, 2022 | N/A | Motion Hearing (0) Docket Text: Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 7/8/2022 regarding D.I. (11 in 1:21-cv-01592-CJB) MOTION to Dismiss for Failure to State a Claim filed by TVision Insights, Inc., D.I. (10 in 1:21-cv-01591-CJB) MOTION to Dismiss for Failure to State a Claim filed by HyphaMetrics, Inc. (as well as regarding motions to dismiss in Civil Action Nos. 21-1119, 21-1695). The Court heard argument from the parties. The Court ordered that the Section 101 portion of D.I. 11 in 21-1592 be denied. The Court will issue a written version of the Court's order. The Court will take up the willfullness portion of the motion on the papers and will issue an order. The Court ordered that D.I. 10 in 21-1591 be denied. The Court will issue a written version of the Court's order. (Court Reporter Deanna Warner. Clerk: M. Crawford, E. Bryant-Alvarez) Appearances: For C.A. No. 21-1119-MN-CJB, H. Stern, P. Mazur for Plaintiff; J. Ying. A. Aly for Defendant; For C.A. No. 21-1591-CJB, B. Palapura, C. Bartlet, S. Yovits for Plaintiff; J. Tigan, G. Sobolski, G. Bell, S. Propst for Defendant; For C.A. No. 21-1592-CJB, B. Palapura, C. Bartlet, S. Yovits for Plaintiff; N. Hoeschen, J. Shaw, J. Allen for Defendant; For C.A. No. 21-1695-MN-CJB, S. Kellner, M. Burns, B. Biggs, S. OByrne, G. Ferroni for Plaintiff; R. Smith, H. Guy, J. Lynn, S. Kassa for Defendant. Associated Cases: 1:21-cv-01591-CJB, 1:21-cv-01592-CJB(mlc) |
| Jul 1, 2022 | 40 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Bindu A. Palapura regarding responses to the Courts questions on Section 101 Motion - re [39] Oral Order,,,,,,,,,,,,. (Palapura, Bindu) |
| Jul 1, 2022 | 41 | Letter (4) Docket Text: Letter to The Honorable Christopher J. Burke from Jeremy A. Tigan regarding HyphaMetrics, Inc.'s Response to the Court's June 24, 2022 Oral Order - re [39] Oral Order,,,,,,,,,,,,. (Tigan, Jeremy) |
| Jun 24, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that at the July 8, 2022 "101 Day" motions hearing, beginning at 9:30 a.m. in Courtroom 2A: (1) the motion in Civil Action No. 21-1119-MN-CJB will be argued first, and each side will have 20 minutes for argument; (2) the motion in Civil Action No. 21-1591-CJB will be argued second, and each side will have 20 minutes for argument; (2) the motion in Civil Action No. 21-1592-CJB will be argued third, and each side will have 20 minutes for argument; and (4) the motion in Civil Action No. 21-1695-MN-CJB will be argued fourth and each side will have 20 minutes for argument. After all of these arguments have concluded, the Court will adjourn and will return at 4:00 p.m. to provide rulings on the motions. Counsel are reminded that each party must be represented throughout the entirety of the hearing (9:30 a.m. to approximately 5:00 p.m., or whenever the hearing concludes) as additional questions may be asked of any party at times other than during its initially scheduled time (including even after the Court has announced its decisions). IT IS FURTHER ORDERED that on or before July 1, 2022, each party in each of the above-captioned actions shall file a letter that includes responses to the following questions, of no more than two paragraphs per question: (1) Which Supreme Court or Federal Circuit case is most similar to the challenged claim(s)? That is, each party is to identify which case provides the best analogy if this Court is to compare the claim(s) at issue in the relevant Section 101 Motion to claims previously found to be patent (in)eligible by a higher court.; (2) How do you reconcile the fact that to avoid being an abstract idea, a claim must not be to a "disembodied concept" and instead must be to a concept tethered to "real-world application[,]" see CLS Bank Intl v. Alice Corp. Pty. Ltd., 717 F.3d 1269, 1286 (Fed. Cir. 2013) (Lourie, J., concurring) (internal quotation marks and citations omitted), but on the other hand, just because a claim might include a large number of concrete, tangible components, that does not necessarily mean that the claim is not abstract, see Yu v. Apple, Inc., 1 F.4th 1040, 1042-45 & n.2 (Fed. Cir. 2021); see also In re TLI Commc'ns LLC Pat. Litig., 823 F.3d 607, 611 (Fed. Cir. 2016)? In other words, what is your view about what it means for a claim to have a sufficient "real-world application" in the Section 101 context?; (3) When a court is figuring out what a claim is "directed to," what are the permissible tools that the court can use as part of that analysis?; (4) How is the "conventionality" analysis in Section 101 law different from that in a Section 102/103 analysis? IT IS FURTHER ORDERED that at the same time that the parties submit to the Court versions of any slides or other demonstrative materials they will use at the hearing (i.e., by no later than 4:00 p.m. on Wednesday, July 6, 2022), the parties shall also advise the Court and opposing counsel which attorney(s) will argue each motion. Ordered by Judge Christopher J. Burke on 6/24/22. Associated Cases: 1:21-cv-01591-CJB, 1:21-cv-01592-CJB(mlc) |
| Jun 22, 2022 | 37 | Protective Order (30) Docket Text: Stipulated PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 6/22/2022. (dlb) |
| Jun 22, 2022 | 38 | Order (8) Docket Text: Source Code Access ORDER. Signed by Judge Christopher J. Burke on 6/22/2022. (dlb) |
| Jun 16, 2022 | 35 | Proposed Order (30) Docket Text: Joint PROPOSED ORDER Stipulated Protective Order by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Jun 16, 2022 | 36 | Proposed Order (8) Docket Text: Joint PROPOSED ORDER (Source Code Access Agreement) by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Jun 15, 2022 | 34 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant's Responses and Objections to Plaintiff's First Set of Interrogatories to Defendants (Nos. 1-5) and (2) Defendant's Responses and Objections to Plaintiff's First Set of Requests for the Production of Documents and Things to Defendants (Nos. 1-100) filed by HyphaMetrics, Inc..(Tigan, Jeremy) |
| Jun 9, 2022 | 32 | Notice of Service (3) Docket Text: NOTICE OF SERVICE of (1) Defendant HyphaMetrics, Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) and (2) Defendant HyphaMetrics, Inc.'s Initial Disclosures Pursuant to the District of Delaware Default Standard for Discovery filed by HyphaMetrics, Inc..(Tigan, Jeremy) |
| Jun 9, 2022 | 33 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of Plaintiff The Nielsen Company (US), LLC's Disclosures Pursuant To Paragraph 3 Of The Default Standard For Discovery Including Discovery Of Electronically Stored Information; Plaintiff The Nielsen Company (US), LLC's Disclosures Pursuant To Paragraph 4(a) Of The Delaware Default Standard For Discovery; and Plaintiff The Nielsen Company (US), LLC's Initial Disclosures Pursuant To Fed. R. Civ. P. 26(a)(1) filed by The Nielsen Company (US), LLC.(Palapura, Bindu) |
| Jun 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [31] STIPULATION TO EXTEND TIME for the parties to file a proposed a protective order and source code access agreement to June 16, 2022 filed by HyphaMetrics, Inc. Ordered by Judge Christopher J. Burke on 6/2/2022. (dlb) |
| Jun 2, 2022 | 31 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the parties to file a proposed a protective order and source code access agreement to June 16, 2022 - filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| May 25, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Michael J. Weil for The Nielsen Company (US), LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) |
| May 23, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. (26 in 1:22-cv-00057-CJB) MOTION for Pro Hac Vice Appearance of Attorney Michael J. Weil of Kelley Drye & Warren LLP filed by The Nielsen Company (US), LLC, D.I. (35 in 1:21-cv-01592-CJB) MOTION for Pro Hac Vice Appearance of Attorney Michael J. Weil of Kelley Drye & Warren LLP filed by The Nielsen Company (US), LLC, and D.I. (30 in 1:21-cv-01591-CJB) MOTION for Pro Hac Vice Appearance of Attorney Benjamin J. Behrendt filed by HyphaMetrics, Inc. Ordered by Judge Christopher J. Burke on 5/23/2022. Associated Cases: 1:21-cv-01591-CJB, 1:21-cv-01592-CJB, 1:22-cv-00057-CJB(dlb) |
| May 23, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED D.I. [30] MOTION for Pro Hac Vice Appearance of Attorney Benjamin J. Behrendt filed by HyphaMetrics, Inc. Ordered by Judge Christopher J. Burke on 5/23/2022. (dlb) |
| May 23, 2022 | 30 | Motion for Leave to Appear Pro Hac Vice (3) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin J. Behrendt - filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| May 19, 2022 | 28 | Scheduling Order (18) Docket Text: SCHEDULING ORDER: Joinder of Parties due by 1/9/2023. Amended Pleadings due by 1/9/2023. Fact Discovery completed by 9/7/2023. Opening Expert Reports due by 10/17/2023. Rebuttal Expert Reports due by 11/21/2023. Expert Discovery due by 2/2/2024. Status Report due by 7/28/2023. Dispositive Motions due by 2/22/2024. Claim Construction Opening Brief due by 2/2/2023. Claim Construction Answering Brief due by 2/23/2023. Claim Construction Reply Brief due by 3/9/2023. Claim Construction Surreply Brief due by 3/23/2023. Joint Claim Construction Brief due by 3/30/2023. A Markman Hearing is set for 4/13/2023 at 11:00 AM before Judge Christopher J. Burke. A Pretrial Conference is set for 10/18/2024 at 11:30 AM before Judge Christopher J. Burke. A 5 day Jury Trial is set to commence 11/4/2024 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 5/19/2022. (dlb) |
| May 19, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: The Court appreciated the detailed summary that the parties provided in their May 18, 2022 joint letter regarding the issues at play in this case. As the parties' proposed Scheduling Order contained no disputes, the Court has entered it today without scheduling a Case Management Conference. However, if the parties wish the Court to hold a Case Management Conference in the future, they may let the Court know that by jointly filing a letter to that effect. Ordered by Judge Christopher J. Burke on 5/19/2022. (dlb) |
| May 18, 2022 | 25 | Order Setting Hearing on Motion (3) Docket Text: ORDER Setting Hearing on Motion [10] MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 7/8/2022 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke. See Order for further details. Signed by Judge Christopher J. Burke on 5/18/2022. (dlb) |
| May 18, 2022 | 26 | Letter (Main Document) (2) Docket Text: Letter to The Honorable Christopher J. Burke from David E. Moore regarding case summary pursuant to the Court's Order of April 18, 2022 - re [21] Oral Order,,,,,. (Attachments: # (1) Exhibit A-Checklist, # (2) Exhibit B-Scheduling Order)(Moore, David) |
| May 18, 2022 | 26 | Letter (Exhibit A-Checklist) (4) Docket Text: Letter to The Honorable Christopher J. Burke from David E. Moore regarding case summary pursuant to the Court's Order of April 18, 2022 - re [21] Oral Order,,,,,. (Attachments: # (1) Exhibit A-Checklist, # (2) Exhibit B-Scheduling Order)(Moore, David) |
| May 18, 2022 | 26 | Letter (Exhibit B-Scheduling Order) (21) Docket Text: Letter to The Honorable Christopher J. Burke from David E. Moore regarding case summary pursuant to the Court's Order of April 18, 2022 - re [21] Oral Order,,,,,. (Attachments: # (1) Exhibit A-Checklist, # (2) Exhibit B-Scheduling Order)(Moore, David) |
| May 18, 2022 | 27 | Motion for Leave to Appear Pro Hac Vice (2) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael J. Weil of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Bartlett, Carson) |
| May 17, 2022 | 24 | Notice of Service (2) Docket Text: NOTICE OF SERVICE of The Nielsen Company (US), LLC's First Set of Interrogatories (Nos. 1-5); and The Nielsen Company (US), LLC's First Set of Requests for the Production of Documents and Things (Nos. 1-100) filed by The Nielsen Company (US), LLC.(Bartlett, Carson) |
| May 6, 2022 | 23 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Apr 18, 2022 | N/A | Remark re Newer Attorneys (0) Docket Text: REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Apr 18, 2022 | 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", which can be found on Judge Burke's portion of the District Court's website under the Forms tab: (www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke) ; 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 portion of the District Court's website. Ordered by Judge Christopher J. Burke on 4/18/2022. (dlb) |
| Apr 18, 2022 | N/A | Remark (0) Docket Text: Remark: Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: CJB Standing Order re Copies (dlb) |
| Apr 13, 2022 | 20 | ORDER Approving Magistrate Consent submitted by the parties (1) Docket Text: ORDER Approving Magistrate Consent submitted by parties. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 4/13/2022. (etg) |
| Apr 12, 2022 | 19 | VAC - Magistrate Consent/Non-consent - completed by the parties (1) Docket Text: VAC Magistrate Consent completed by the parties filed by The Nielsen Company (US), LLC (Moore, David) |
| Mar 30, 2022 | 18 | Notice Requesting Removal of Co-Counsel (1) Docket Text: NOTICE requesting Clerk to remove Mark J. Scott of Kelley Drye & Warren LLP as co-counsel. Reason for request: no longer working on case. (Palapura, Bindu) |
| Mar 29, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:21-cv-01591-LPS, 1:21-cv-01592-LPS, 1:22-cv-00057-LPS(etg) |
| Mar 29, 2022 | N/A | Oral Order (0) Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/29/22. Associated Cases: 1:21-cv-01591-VAC, 1:21-cv-01592-VAC, 1:22-cv-00057-VAC(etg) |
| Mar 29, 2022 | 17 | VAC Notice, Consent, Non-Consent, Magistrate Referral (1) Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral Associated Cases: 1:21-cv-01591-VAC, 1:21-cv-01592-VAC, 1:22-cv-00057-VAC(etg) |
| Mar 4, 2022 | 15 | Reply Brief (16) Docket Text: REPLY BRIEF re [10] MOTION to Dismiss for Failure to State a Claim filed by HyphaMetrics, Inc.. (Simonetti, Sarah) |
| Feb 24, 2022 | 14 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Brandon Ryan Harper on behalf of The Nielsen Company (US), LLC (Harper, Brandon) |
| Feb 16, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Diane E. Ghrist for HyphaMetrics, 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. (twk) |
| Feb 15, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Richard G. Frenkel for HyphaMetrics, 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. (srs) |
| Feb 11, 2022 | 13 | Answering Brief in Opposition (Main Document) (25) Docket Text: ANSWERING BRIEF in Opposition re [10] MOTION to Dismiss for Failure to State a Claim filed by The Nielsen Company (US), LLC.Reply Brief due date per Local Rules is 2/18/2022. (Attachments: # (1) Exhibit 1)(Palapura, Bindu) |
| Feb 11, 2022 | 13 | Answering Brief in Opposition (Exhibit 1) (8) Docket Text: ANSWERING BRIEF in Opposition re [10] MOTION to Dismiss for Failure to State a Claim filed by The Nielsen Company (US), LLC.Reply Brief due date per Local Rules is 2/18/2022. (Attachments: # (1) Exhibit 1)(Palapura, Bindu) |
| Jan 12, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [12] STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion to Dismiss and for Defendant to file its reply brief to February 11, 2022 and March 4, 2022, respectively filed by The Nielsen Company (US), LLC. Signed by Judge Leonard P. Stark on 1/12/22. (ntl) |
| Jan 12, 2022 | 12 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendant's Motion to Dismiss and for Defendant to file its reply brief to February 11, 2022 and March 4, 2022, respectively - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Jan 7, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [9] MOTION for Pro Hac Vice Appearance of Attorney Richard G. Frenkel, Gabriel K. Bell, Gregory K. Sobolski, and Diane E. Ghrist filed by HyphaMetrics, Inc. Signed by Judge Leonard P. Stark on 1/7/22. (ntl) |
| Jan 7, 2022 | 9 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Richard G. Frenkel, Gabriel K. Bell, Gregory K. Sobolski, and Diane E. Ghrist - filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Jan 7, 2022 | 10 | Motion to Dismiss for Failure to State a Claim (4) Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by HyphaMetrics, Inc.. (Tigan, Jeremy) |
| Jan 7, 2022 | 11 | Opening Brief in Support (27) Docket Text: OPENING BRIEF in Support re [10] MOTION to Dismiss for Failure to State a Claim filed by HyphaMetrics, Inc..Answering Brief/Response due date per Local Rules is 1/21/2022. (Tigan, Jeremy) |
| Nov 22, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [8] STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to the Complaint to January 7, 2022 filed by The Nielsen Company (US), LLC. Signed by Judge Leonard P. Stark on 11/22/21. (ntl) |
| Nov 19, 2021 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorneys Clifford E. Katz, Steven Yovits, Constantine Koutsoubas, Malavika Rao, and Mark J. Scott for The Nielsen Company (US), LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Nov 19, 2021 | 8 | Stipulation to EXTEND Time (2) Docket Text: STIPULATION TO EXTEND TIME for Defendant to answer, move or otherwise respond to the Complaint to January 7, 2022 - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Nov 18, 2021 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [7] MOTION for Pro Hac Vice Appearance of Attorney Steven Yovits, Constantine Koutsoubas, Mark J. Scott, Clifford Katz and Malavika Rao of Kelley Drye & Warren LLP filed by The Nielsen Company (US), LLC. Signed by Judge Leonard P. Stark on 11/18/21. (ntl) |
| Nov 17, 2021 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:21-cv-01591-UNA, 1:21-cv-01592-UNA(nms) |
| Nov 11, 2021 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by The Nielsen Company (US), LLC. HyphaMetrics, Inc. served on 11/11/2021, answer due 12/2/2021. (Moore, David) |
| Nov 11, 2021 | 7 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Steven Yovits, Constantine Koutsoubas, Mark J. Scott, Clifford Katz and Malavika Rao of Kelley Drye & Warren LLP - filed by The Nielsen Company (US), LLC. (Palapura, Bindu) |
| Nov 10, 2021 | 1 | Complaint* (1) |
| Nov 10, 2021 | 1 | Complaint (Main Document) (16) Docket Text: COMPLAINT for PATENT INFRINGEMENT - filed with Jury Demand against HyphaMetrics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3740516.) - filed by The Nielsen Company (US), LLC.(smg) (Additional attachment(s) added on 11/10/2021: # (1) Exhibit A-F, # (2) Civil Cover Sheet) (smg). |
| Nov 10, 2021 | 1 | Complaint (Exhibit A-F) (30) Docket Text: COMPLAINT for PATENT INFRINGEMENT - filed with Jury Demand against HyphaMetrics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3740516.) - filed by The Nielsen Company (US), LLC.(smg) (Additional attachment(s) added on 11/10/2021: # (1) Exhibit A-F, # (2) Civil Cover Sheet) (smg). |
| Nov 10, 2021 | 1 | Complaint (Civil Cover Sheet) (1) Docket Text: COMPLAINT for PATENT INFRINGEMENT - filed with Jury Demand against HyphaMetrics, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3740516.) - filed by The Nielsen Company (US), LLC.(smg) (Additional attachment(s) added on 11/10/2021: # (1) Exhibit A-F, # (2) Civil Cover Sheet) (smg). |
| Nov 10, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (smg) |
| Nov 10, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,924,994 B2. (smg) |
| Nov 10, 2021 | 4 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Nielsen Holdings PLC for The Nielsen Company (US), LLC filed by The Nielsen Company (US), LLC. (smg) |
| Nov 10, 2021 | 5 | Summons Issued (2) Docket Text: Summons Issued with Magistrate Consent Notice attached as to HyphaMetrics, Inc. on 11/10/2021. (smg) |
