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Case number 1:21-cv-01821

Topia Technology, Inc. v. Egnyte, Inc. > Documents

Date Field Doc. No.Description (Pages)
Oct 10, 2023 163 ORAL ORDER: The Court, having reviewed the parties' joint letter regarding case narrowing, (D.I. 156), hereby ORDERS as follows: Plaintiff shall reduce the number of asserted claims to 24 by no later than January 19, 2024, and Defendant shall reduce the number of prior art references to 30 by no later than February 19, 2024. The Court's order honors the substance of the parties' prior agreements with respect to second-stage case narrowing, (D.I. 35), and otherwise seems fair and appropriate here. The Court is not ordering a third-stage cutdown at this time, though it reserves the right to do so prior to trial if needed.Ordered by Judge Christopher J. Burke on 10/10/2023. (mlc) (Entered: 10/10/2023) (0)
Oct 6, 2023 161 Official Transcript of Discovery Conference held on 10/2/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@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 10/27/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/4/2024. (Warner, Deanna) (Entered: 10/06/2023) (0)
Oct 6, 2023 162 NOTICE OF SERVICE of Egnyte, Inc.s First Notice of Deposition to Topia Technology, Inc. Pursuant to Fed.R.Civ.P. 30(b)(6) filed by Egnyte, Inc..(Neff, Carl) (Entered: 10/06/2023) (2)
Oct 5, 2023 160 Official Transcript of Markman Hearing held on 9/13/23 before Judge Christopher Burke. Court Reporter Deanna Warner, Email: deanna_warner@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 10/26/2023. Redacted Transcript Deadline set for 11/6/2023. Release of Transcript Restriction set for 1/3/2024. (Warner, Deanna) (Entered: 10/05/2023) (0)
Oct 3, 2023 159 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Amended Claim Constructions - re 155 Oral Order,,,,,,,,. (Neff, Carl) (Entered: 10/03/2023) (3)
Oct 2, 2023 158 NOTICE OF SERVICE of Egnyte, Inc.'s Objections and Responses to Plaintiff's Fourth Set of Interrogatories (Nos. 14-18) and Objections and Responses to Plaintiff's Third Set of Requests for Production (Nos. 64-100) filed by Egnyte, Inc..(Neff, Carl) (Entered: 10/02/2023) (2)
Sep 28, 2023 157 ORAL ORDER: The Court having reviewed Plaintiff's discovery dispute motion ("Motion"), (D.I. 137), and the briefing related thereto, (D.I. 142; D.I. 148; D.I. 151), hereby ORDERS as follows in an attempt to streamline Monday's videoconference: (1) With regard to Issue 1, the parties should be prepared to address how the Court's decision in Invensas Corp. v. Renesas Elecs. Corp., 287 F.R.D. 273 (D. Del. 2012) and cases applying Invensas impacts this dispute.; (2) With regard to Issue 2, the parties should know that after reading the papers, the Court does not have any sense of how the documents at issue are or are not said to be relevant to the claims and defenses at issue in the case, and they should be prepared to better explain that during the videoconference.; (3) With regard to Issue 3, in light of the submissions (in which Defendant indicates that it intends to produce relevant documents regarding the requests soon), the Court will GRANT Plaintiff's request for production and order that production occur by no later than October 16, 2023.; (4) With regard to Issue 4, Defendant should be prepared to address on the videoconference why it did not comply with the Default Standard's requirements when it produced the documents in the first place (or why it did not then advise Plaintiff that it was not going to comply with the Default Standard before the documents were produced).; (5) With regard to Issue 5, the parties agree that they have not sufficiently met and conferred about the issue, and so it is not ripe.; and (6) Thus, on the videoconference, the Court will address Issues 1, 2 and 4. Issue 3 has been resolved and Issue 5 is not ripe and will not be addressed by the Court at this time. Ordered by Judge Christopher J. Burke on 9/28/2023. (dlb) (Entered: 09/28/2023) (0)
Sep 27, 2023 156 Joint Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding claim and prior art cutdowns - re 150 Oral Order,,,. (Neff, Carl) (Entered: 09/27/2023) (3)
Sep 26, 2023 155 ORAL ORDER: The Court, having reviewed the parties' recent letters regarding the Markman process, (D.I. 153; D.I. 154), hereby ORDERS as follows: (1) Plaintiff is correct, (D.I. 154 at 1), that during the Markman hearing, the Court did not instruct the parties to further meet and confer about new proposed amended constructions, nor did it order the parties to submit such new constructions (as Defendant has). Instead, during the hearing, what the Court was saying, (Tr. at 46-47), was that: (a) it had already ordered the parties to meet and confer after claim construction briefing was completed (and prior to the Markman hearing), and the point of that meet and confer was to have the parties see if they could better understand the other side's true position as to the term in dispute and/or agree on certain constructions, (see D.I. 101 (Court ordering the parties to do just that)); and (b) it seemed like, despite the Court's prior order to do this, the parties still came to the Markman hearing lacking a true understanding of the basis for some of the disputes between them.; (2) That said, the Court certainly encourages the parties to meet and confer once again (as it appears they plan to do) to see if they can now agree on the meaning of any previously-disputed term. After this further meet and confer, if there is agreement as to the meaning of certain terms, then the parties shall advise the Court by way of filing a joint letter of no more than two (2) single-spaced pages by no later than October 3, 2023.; and (3) The Court will not permit either party to propose "new" constructions at this stage that were not briefed or argued to the Court at the Markman hearing. So if after the further meet and confer, if Defendant (or Plaintiff) believes there are terms as to which the parties do not agree, but for which a party wishes to submit an amended construction that simply clarifies a position discussed at the Markman hearing, then the party may do this in the joint letter. Any such proposed amended constructions should cite to the portion of the hearing transcript where such a construction was discussed.Ordered by Judge Christopher J. Burke on 9/26/2023. (dlb) (Entered: 09/26/2023) (0)
Sep 25, 2023 154 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Response to Defendants September 21 Letter - re 153 Letter. (Farnan, Kelly) (Entered: 09/25/2023) (1)
Sep 21, 2023 153 Letter to The Honorable Christopher J. Burke from Carl D. Neff regarding Defendant's Proposed Amended Claim Constructions - re 138 Joint Claim Construction Brief. (Neff, Carl) (Entered: 09/21/2023) (3)
Sep 19, 2023 151 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Discovery Dispute - re 148 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Farnan, Kelly) (Entered: 09/19/2023) (0)
Sep 19, 2023 152 Letter to The Honorable Christopher J. Burke from Griffin A. Schoenbaum regarding Submission of Complete Copy of Multer Reference - re 138 Joint Claim Construction Brief, 139 Appendix. (Attachments: # 1 Exhibit 10, # 2 Exhibit 10 (2))(Schoenbaum, Griffin) (Entered: 09/19/2023) (0)
Sep 15, 2023 150 ORAL ORDER: The Court, having reviewed the parties' July 26, 2023 joint letter regarding case narrowing, (D.I. 115), hereby ORDERS as follows: (1) The Court does intend to issue an order that will provide at least one (and perhaps more than one) additional cutdown date(s), and that will specify the number of asserted claims and prior art references that will be permitted by that date/dates; and (2) By no later than September 27, 2023, the parties shall meet and confer and file a joint letter of no more than two (2) single-spaced pages, which provides the parties' proposals as to: (a) how many future cutdowns the Court should order; (b) the number of asserted claims and prior art references for each cutdown; and (c) the dates on which each cutdown should occur. Additionally, in the letter, each shall provide no more than one paragraph of argument as to why their proposal makes sense. Ordered by Judge Christopher J. Burke on 9/15/2023. (dlb) (Entered: 09/15/2023) (0)
Sep 12, 2023 145 Joint MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 09/12/2023) (2)
Sep 12, 2023 146 Joint PROPOSED ORDER Regarding Joint Motion for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices re 145 Joint MOTION for Exemption of Persons from the District of Delaware's May 15, 2023 Standing Order on Personal Devices by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 09/12/2023) (2)
Sep 12, 2023 147 REDACTED VERSION of 142 Letter, by Topia Technology, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Kelly) (Entered: 09/12/2023) (0)
Sep 12, 2023 148 Letter to The Honorable Christopher J. Burke from Carl D. Neff regarding Regarding Discovery Dispute - re 140 Order Setting Videoconference,,,,,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Neff, Carl) (Entered: 09/12/2023) (0)
Sep 12, 2023 149 SO ORDERED D.I. 146 Proposed Order, filed by Topia Technology, Inc.. Signed by Judge Christopher J. Burke on 9/12/2023. (dlb) (Entered: 09/12/2023) (2)
Sep 6, 2023 143 ORAL ORDER: The Court has reviewed Defendant's renewed motion to stay in favor of certain third party-initiated inter partes review proceedings ("Motion"), (D.I. 135), and the briefing related thereto, (D.I. 122; D.I. 126; D.I. 130), and hereby easily DENIES the Motion. The record is little different for movant (indeed, in many ways, it is worse) than it was when the Court decided Defendant's prior similar motion to stay. (See Transcript of March 6, 2023 hearing at 47-54) As to the status of the litigation factor, we are only later in the case now than we were then, and the Court (as well as the parties) has done more work on the case in the interval. And as to the simplification factor, with the PTAB having denied instituting IPRs on four of the six patents-in-suit (and with estoppel not applying to the great majority of the relevant Section 102/103 invalidity arguments that Defendant plans to raise in this case), there would be no great simplification were a stay put in place now. In light of what the Court said at the prior hearing, and in light of what ultimately ended up happening at the PTAB, the Court is surprised that the Motion was filed at all. Today's videoconference is hereby CANCELED. Ordered by Judge Christopher J. Burke on 9/6/2023. (dlb) (Entered: 09/06/2023) (0)
Sep 6, 2023 144 NOTICE OF SERVICE of Egnyte, Inc's Supplemental Response to Plaintiff's Interrogatory No. 6 filed by Egnyte, Inc..(Neff, Carl) (Entered: 09/06/2023) (2)
Sep 5, 2023 141 NOTICE OF SERVICE of (1) Plaintiff Topia Technology, Inc.s Third Set of Requests for Production of Documents and Things to Egnyte, Inc. (Nos. 64-100) and (2) Plaintiff Topia Technology, Inc.s Fourth Set of Interrogatories to Egnyte, Inc. (Nos. 14-18) filed by Topia Technology, Inc..(Farnan, Kelly) (Entered: 09/05/2023) (2)
Sep 5, 2023 142 [SEALED] Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Discovery Dispute - re 140 Order Setting Videoconference,,,,,,,,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Kelly) (Entered: 09/05/2023) (0)
Aug 29, 2023 140 ORAL ORDER Setting Videoconference: The Court has reviewed the parties' August 25, 2023 letter requesting a discovery dispute conference regarding five discovery disputes. (D.I. 136) The Court assumes from the description in the letter that Plaintiff is the party seeking relief as to all five issues. It hereby ORDERS as follows with regard to these disputes: (1) A discovery dispute videoconference using the Microsoft Teams platform is set for October 2, 2023 at 11:00 a.m. before Judge Christopher J. Burke.; (2) By September 5, 2023, Plaintiff shall file with the Court a letter, not to exceed four single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. By September 12, 2023, Defendant shall file with the Court a letter, not to exceed four single-spaced pages, in no less than 12-point font, outlining its reasons for its opposition. By no later than September 19, 2023, Plaintiff shall file with the Court a reply letter brief, not to exceed one single-spaced page, in no less than 12-point font.; (3) By no later than September 19, 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.; (4) 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.; and (5) The Court may choose to resolve the dispute 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 dispute, 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 8/29/2023. (dlb) (Entered: 08/29/2023) (0)
Aug 25, 2023 136 Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Request to Schedule Discovery Conference. (Farnan, Kelly) (Entered: 08/25/2023) (2)
Aug 25, 2023 137 MOTION for Teleconference to Resolve Discovery Dispute re 119 Scheduling Order,,, 136 Letter - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 08/25/2023) (1)
Aug 25, 2023 138 JOINT CLAIM CONSTRUCTION BRIEF filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 08/25/2023) (30)
Aug 25, 2023 139 Joint APPENDIX re 138 Joint Claim Construction Brief by Topia Technology, Inc.. (Attachments: # 1 Exhibit A-G, # 2 Exhibit 1-9)(Farnan, Kelly) (Entered: 08/25/2023) (0)
Aug 22, 2023 133 ORAL ORDER Setting Videoconference: The Court hereby ORDERS that a videoconference to hear argument on Defendant's Renewed Motion to Stay Pending IPR ("Motion"), is set for September 6, 2023 at 3:30 p.m. before Judge Christopher J. Burke via the Microsoft Teams platform. By no later than August 30, 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 hearing. Additionally, by no later than August 30, 2023, Defendant shall file a one-page "Renewed Motion to Stay" that simply states that Defendant "requests that the Court grant Defendant's motion for a stay, as set forth in its opening letter brief. (D.I. 122)". Signed by Judge Christopher J. Burke on 8/22/2023. (dlb) (Entered: 08/22/2023) (0)
Aug 22, 2023 134 NOTICE of Withdrawal by Egnyte, Inc. re 128 Letter (Neff, Carl) (Entered: 08/22/2023) (2)
Aug 22, 2023 135 MOTION to Stay re 122 Letter, 133 Order Setting Hearing on Motion,,,, Order Setting Videoconference,,, - filed by Egnyte, Inc.. (Neff, Carl) (Entered: 08/22/2023) (2)
Aug 21, 2023 128 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Reply Brief in Support of Renewed Motion to Stay - re 122 Letter. (Neff, Carl) (Entered: 08/21/2023) (3)
Aug 21, 2023 129 NOTICE OF SERVICE of Egnyte, Inc's Objections to Topia Technology, Inc.'s Notice of Deposition of Egnyte, Inc. Pursuant to Fed.R.Civ.P. 30(b)(6) filed by Egnyte, Inc..(Neff, Carl) (Entered: 08/21/2023) (2)
Aug 21, 2023 130 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Corrected Reply Brief in Support of Renewed Motion to Stay - re 122 Letter. (Neff, Carl) (Entered: 08/21/2023) (3)
Aug 21, 2023 131 NOTICE OF SERVICE of Egnyte, Inc.'s Sur-Reply Claim Construction Brief filed by Egnyte, Inc..(Neff, Carl) (Entered: 08/21/2023) (2)
Aug 21, 2023 132 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Request for Teleconference re Renewed Motion to Stay - re 122 Letter. (Neff, Carl) (Entered: 08/21/2023) (1)
Aug 18, 2023 126 Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Opposition to Motion to Stay (DI 122) - re 122 Letter. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Entered: 08/18/2023) (0)
Aug 18, 2023 127 NOTICE OF SERVICE of Egnyte, Inc.'s Objections and Responses to Plaintiff's Third Set of Interrogatories to Egnyte, Inc. (No. 13) filed by Egnyte, Inc..(Neff, Carl) (Entered: 08/18/2023) (2)
Aug 14, 2023 124 NOTICE OF SERVICE of Plaintiff Topia Technology, Inc.'s Supplemental Response and Objection to Defendant Egnyte's Requests for the Production of Documents and Things (No. 66) filed by Topia Technology, Inc..(Schoenbaum, Griffin) (Entered: 08/14/2023) (2)
Aug 14, 2023 125 NOTICE to Take Deposition of Egnyte, Inc. on August 29, 2023 filed by Topia Technology, Inc.. (Attachments: # 1 Schedule A)(Schoenbaum, Griffin) (Entered: 08/14/2023) (0)
Aug 11, 2023 119 AMENDED SCHEDULING ORDER: Fact Discovery completed by 11/30/2023. Opening Expert Reports due by 1/19/2024. Rebuttal Expert Reports due by 2/19/2024. Reply Expert Reports due by 3/20/2024. Dispositive Motions due by 5/20/2024. Answering Brief due 6/20/2024. Reply Brief due 7/12/2024. A Motion Hearing is set for 8/8/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 3/17/2023. Claim Construction Answering Brief due by 7/24/2023. Claim Construction Reply Brief due by 8/7/2023. Claim Construction Surreply Brief due by 8/14/2023. A Markman Hearing is set for 9/13/2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Pretrial Conference is set for 11/1/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. A Jury Trial is set for 11/12/2024 at 09:30 AM in Courtroom 2A before Judge Christopher J. Burke. See order for details. Signed by Judge Christopher J. Burke on 8/10/2023. (dlb) (Entered: 08/11/2023) (3)
Aug 11, 2023 120 ANSWER to 113 Answer to Amended Complaint, Counterclaim by Topia Technology, Inc..(Schoenbaum, Griffin) (Entered: 08/11/2023) (9)
Aug 11, 2023 121 STIPULATION Amending Claim Construction Briefing Schedule re 119 Scheduling Order,,, by Egnyte, Inc.. (Neff, Carl) (Entered: 08/11/2023) (2)
Aug 11, 2023 122 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Renewed Motion Stay. (Neff, Carl) Modified on 8/14/2023 (vfm). (Entered: 08/11/2023) (3)
Aug 11, 2023 123 DECLARATION re 122 Letter by Egnyte, Inc.. (Attachments: # 1 Exhibit Exhibits A-I)(Neff, Carl) (Entered: 08/11/2023) (0)
Aug 9, 2023 118 Amended PROPOSED ORDER Scheduling Order by Topia Technology, Inc.. (Schoenbaum, Griffin) (Entered: 08/09/2023) (5)
Aug 7, 2023 117 NOTICE OF SERVICE of Reply Claim Construction Brief filed by Topia Technology, Inc..(Schoenbaum, Griffin) (Entered: 08/07/2023) (2)
Aug 2, 2023 116 ORAL ORDER: The Court, having reviewed the parties' July 17, 2023 letter, (D.I. 111), hereby ORDERS as follows: (1) The Markman hearing is rescheduled to September 13, 2023 at 11:00 a.m. in Courtroom 2A before Judge Christopher J. Burke. Although the Court had initially indicated that the Markman hearing could be scheduled for August 29, 2023, in the interval, a conflict has developed for the Court on that date.; (2) The Court will adopt the parties' proposal for the submission of a revised Joint Claim Construction Brief, along with their plan for the conduct of the hearing, including Defendants proposal for the Court to decide Term 4 on the papers. (Id. at 1-2); (3) With respect to the amended schedule, the Court will adopt Defendant's proposal, with the exception of the Pretrial Conference and trial dates, for the reasons stated by Defendant in their portion of the letter. The Court will hold the Pretrial Conference on November 1, 2024 at 11:00 a.m., and trial will begin on November 12, 2024, since November 11, 2024 is a Court holiday. By no later than August 9, 2023, the parties shall submit an amended scheduling order for the Court's signature that incorporates Defendant's proposal, along with the new Markman hearing dates and the Court's amendment to the Pretrial Conference and trial dates.Ordered by Judge Christopher J. Burke on 8/2/2023. (dlb) (Entered: 08/02/2023) (0)
Jul 26, 2023 115 Letter to The Honorable Christopher J. Burke, U.S.M.J. from Carl D. Neff regarding the Parties Efforts to Further Limit Asserted Patent Claims and Alleged Prior Art References. (Neff, Carl) (Entered: 07/26/2023) (2)
Jul 24, 2023 114 NOTICE OF SERVICE of Defendant's Answering Claim Construction Brief filed by Egnyte, Inc..(Neff, Carl) (Entered: 07/24/2023) (2)
Jul 21, 2023 113 ANSWER to Amended Complaint, re: 107 Amended Complaint , COUNTERCLAIM against Topia Technology, Inc. by Egnyte, Inc..(Neff, Carl) (Entered: 07/21/2023) (24)
Jul 19, 2023 112 NOTICE OF SERVICE of Plaintiff Topia Technology, Inc.'s Third Set of Interrogatories to Egnyte, Inc. No. 13 filed by Topia Technology, Inc..(Schoenbaum, Griffin) (Entered: 07/19/2023) (2)
Jul 17, 2023 110 MOTION for Heidi L. Keefe to Withdraw as Attorney - filed by Egnyte, Inc.. (Neff, Carl) (Entered: 07/17/2023) (1)
Jul 17, 2023 111 Joint Letter to The Honorable Christopher J. Burke from Griffin A. Schoenbaum regarding case schedule and claim construction - re 109 Transcript,,. (Attachments: # 1 Exhibit A)(Schoenbaum, Griffin) (Entered: 07/17/2023) (0)
Jul 13, 2023 109 Official Transcript of Telephone Conference held on 07/10/2023 before Magistrate Judge Burke. Court Reporter/Transcriber Brian Gaffigan, Email: gaffigan.b@outlook.com. 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 8/3/2023. Redacted Transcript Deadline set for 8/14/2023. Release of Transcript Restriction set for 10/11/2023. (smg) (Entered: 07/13/2023) (21)
Jul 7, 2023 107 AMENDED COMPLAINT against Egnyte, Inc.- filed by Topia Technology, Inc.. (Attachments: # 1 Exhibit 1-9)(Farnan, Kelly) (Entered: 07/07/2023) (0)
Jul 7, 2023 108 Joint Letter to The Honorable Christopher J. Burke from Griffin A. Schoenbaum, Esq. regarding interim status report - re 24 Scheduling Order,,,,. (Schoenbaum, Griffin) (Entered: 07/07/2023) (2)
Jul 7, 2023 107 Amended Complaint* (1)
Jul 6, 2023 106 MEMORANDUM ORDER GRANTING D.I. 69 MOTION for Leave to Amend Complaint re Motion Hearing,,, 1 Complaint, filed by Topia Technology, Inc. Signed by Judge Christopher J. Burke on 7/6/2023. (mlc) (Entered: 07/06/2023) (10)
Jun 22, 2023 105 ORAL ORDER: The Court, having reviewed the parties' June 15, 2023 letter, (D.I. 104), hereby ORDERS that a status teleconference will be held on July 10, 2023 at 11:30 before Judge Christopher J. Burke. By no later than July 5, 2023, the parties shall provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to be used for the teleconference. Ordered by Judge Christopher J. Burke on 6/21/2023. (dlb) (Entered: 06/22/2023) (0)
Jun 15, 2023 104 Joint Letter to The Honorable Christopher J. Burke from Attorney Griffin A. Schoenbaum regarding various subjects related to claim construction - re 101 Oral Order,,,,,,,, 103 Oral Order,,. (Schoenbaum, Griffin) (Entered: 06/15/2023) (3)
Jun 7, 2023 103 ORAL ORDER: The Court has been designated criminal duty judge for the week of June 19, 2023, and recently-scheduled criminal hearings must occur on the date of June 22, 2023 that will cause a conflict with the currently-scheduled Markman hearing in this case. The Court must give priority to those criminal hearings, and so it hereby ORDERS that the June 22, 2023 Markman hearing is CANCELED. The Court further ORDERS that in the parties' forthcoming June 15 letter, (D.I. 101), the parties shall provide potential dates that work for both sides for a rescheduled Markman hearing in June, July and/or August 2023. The Court will thereafter reschedule the hearing.. Signed by Judge Christopher J. Burke on 6/7/2023. (dlb) (Entered: 06/07/2023) (0)
Jun 1, 2023 102 OBJECTIONS by Egnyte, Inc. to 97 Letter re Plaintiff'sTechnology Tutorial. (Neff, Carl) (Entered: 06/01/2023) (5)
May 30, 2023 101 ORAL ORDER: The Court, having reviewed the parties' May 25, 2023 letter regarding the Markman hearing ("Letter"), (D.I. 98), hereby ORDERS as follows: (1) The Court hereby ADOPTS the parties' proposal regarding time allocation. Three hours will be allocated for argument, to be split equally between the parties.; (2) The Court's recent practice has been to hear argument on no more than six terms at a Markman hearing and to take the remaining terms on the papers. As there are seven terms in dispute here, in a joint letter that the parties shall submit by no later than June 15, 2023 (the "June 15 letter"), the parties shall notify the Court of the one term that the parties agree should be decided on the papers. With respect to the order of terms and which side will present argument first for each term, the Court will otherwise ADOPT the parties' proposal set out in the Letter.; (3) On or before June 15, 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 the June 15 letter, the parties shall also 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 the June 15 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 5/30/2023. (dlb) (Entered: 05/30/2023) (0)
May 26, 2023 100 MULTI MEDIA DOCUMENT filed by Topia Technology, Inc. in the form of a One (1) Thumb drive containing Plaintiff's Technology Tutorial. Filing related to 97 Letter. (Media on file in Clerk's Office). (dlb) (Entered: 05/26/2023) (0)
May 25, 2023 97 Letter to The Honorable Gregory B. Williams from Griffin A. Schoenbaum regarding Plaintiff's Technology Tutorial - re 24 Scheduling Order,,,,. (Schoenbaum, Griffin) (Entered: 05/25/2023) (1)
May 25, 2023 98 Joint Letter to The Honorable Christopher J. Burke from Griffin A. Schoenbaum regarding June 22, 2023 Claim Construction Hearing - re 24 Scheduling Order,,,,. (Schoenbaum, Griffin) (Entered: 05/25/2023) (1)
May 25, 2023 99 JOINT CLAIM CONSTRUCTION BRIEF filed by Topia Technology, Inc.. (Attachments: # 1 Exhibit A-G, # 2 Exhibit 1-9)(Schoenbaum, Griffin) (Entered: 05/25/2023) (0)
May 19, 2023 96 NOTICE OF SERVICE of Egnyte, Inc.'s Sur-Reply Claim Construction Brief filed by Egnyte, Inc..(Neff, Carl) (Entered: 05/19/2023) (2)
May 15, 2023 95 NOTICE OF SERVICE of Egnyte, Inc.s Objections and Responses to Plaintiffs Second Set of Interrogatories to Egnyte, Inc. (Nos. 5-12) and Egnyte, Inc.s Objections and Responses to Plaintiffs Second Set of Requests for Production to Egnyte (Nos. 46-63) filed by Egnyte, Inc..(Neff, Carl) (Entered: 05/15/2023) (2)
May 2, 2023 94 NOTICE OF SERVICE of Plaintiff Topia Technology, Inc.s Reply Claim Construction Brief filed by Topia Technology, Inc..(Farnan, Kelly) (Entered: 05/02/2023) (2)
Apr 14, 2023 93 NOTICE OF SERVICE of Egnyte, Inc.s Answering Claim Construction Brief filed by Egnyte, Inc..(Neff, Carl) (Entered: 04/14/2023) (2)
Mar 31, 2023 91 MEMORANDUM OPINION AND ORDER regarding D.I. 39 MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Egnyte, Inc.. Signed by Judge Christopher J. Burke on 3/31/2023. (dlb) (Entered: 03/31/2023) (17)
Mar 31, 2023 92 NOTICE OF SERVICE of (1) Plaintiff Topia Technology, Inc.s Second Set of Interrogatories to Egnyte, Inc. (Nos. 5-12) and (2) Plaintiff Topia Technology, Inc.s Second Set of Requests for Production of Documents and Things to Egnyte, Inc. (Nos. 46-63) filed by Topia Technology, Inc..(Schoenbaum, Griffin) (Entered: 03/31/2023) (2)
Mar 17, 2023 90 NOTICE OF SERVICE of Topia Technology Inc.s Opening Claim Construction Brief filed by Topia Technology, Inc..(Farnan, Kelly) (Entered: 03/17/2023) (2)
Mar 6, 2023 89 ORAL ORDER: The Court, having reviewed the parties' Joint Claim Construction Chart, (D.I. 86), hereby ORDERS that Plaintiff shall clearly articulate in its claim construction briefing what it contends is the "plain and ordinary meaning" of each term. Ordered by Judge Christopher J. Burke on 3/6/2023. (dlb) (Entered: 03/06/2023) (0)
Feb 28, 2023 86 CLAIM Construction Chart by Topia Technology, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Exhibit 1-6)(Farnan, Kelly) (Entered: 02/28/2023) (0)
Feb 28, 2023 87 MOTION for Claim Construction re 86 Claim Construction Chart - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 02/28/2023) (1)
Feb 28, 2023 88 MOTION for Claim Construction re 86 Claim Construction Chart - filed by Egnyte, Inc.. (Neff, Carl) (Entered: 02/28/2023) (2)
Feb 24, 2023 85 STIPULATION TO EXTEND TIME for the parties to submit a Joint Claim Construction Chart is extended from February 24, 2023 to February 28, 2023 - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 02/24/2023) (1)
Feb 23, 2023 83 NOTICE of Intent to Have Newer Attorney Argue Motion to Stay by Topia Technology, Inc. re 81 Order Setting Hearing on Motion,, 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims (Farnan, Kelly) (Entered: 02/23/2023) (1)
Feb 23, 2023 84 ORAL ORDER: The Court, having reviewed Plaintiff's Notice of Intent to Have Newer Attorney Argue Motion to Stay, (D.I. 83), and pursuant to the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, hereby ORDERS as follows: (1) The hearing scheduled for March 6, 2023 at 10:00 a.m. will now be held via videoconference using the Microsoft Teams platform. By no later than February 28, 2023, the parties shall send an e-mail to the Courts Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court will ensure that the parties have at least 60 minutes of argument collectively.; and (3) The Court will permit more experienced counsel for Plaintiff to assist if/when appropriate. Ordered by Judge Christopher J. Burke on 2/23/2023. (dlb) (Entered: 02/23/2023) (0)
Feb 15, 2023 81 ORAL ORDER Setting Teleconference: The Court hereby ORDERS that a telephone conference to hear argument on Defendant's pending Motion to Stay Pending IPR ("Motion"), (D.I. 71), is set for March 6, 2023 at 10:00 a.m. before Judge Christopher J. Burke. By no later than February 27, 2023, 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. The Court encourages the parties to allow a newer attorney to argue the Motion, if appropriate, and if they intend to do so, they should advise the Court in advance of the teleconference. Ordered by Judge Christopher J. Burke on 2/15/2023. (dlb) (Entered: 02/15/2023) (0)
Feb 15, 2023 82 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Response to Egnyte's Opposition to Motion to Amend the Complaint - re 78 Letter,. (Attachments: # 1 Exhibit 1)(Farnan, Kelly) (Entered: 02/15/2023) (0)
Feb 14, 2023 80 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding request for a teleconference - re 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims. (Farnan, Kelly) (Entered: 02/14/2023) (1)
Feb 9, 2023 79 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Reply Brief in Support of Its Motion to Stay - re 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims. (Neff, Carl) (Entered: 02/09/2023) (3)
Feb 8, 2023 78 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Opposition to Topia Technology Inc.'s Motion for Leave to Amend the Complaint - re 69 MOTION for Leave to Amend Complaint re Motion Hearing,,, 1 Complaint, . (Neff, Carl) (Entered: 02/08/2023) (5)
Feb 6, 2023 77 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Opposition to Defendant's Motion to Stay - re 75 Letter. (Attachments: # 1 Exhibit 1)(Farnan, Kelly) (Entered: 02/06/2023) (0)
Feb 1, 2023 76 ORAL ORDER: The Court, having reviewed Plaintiff's Motion for Leave to Amend the Complaint, (D.I. 69), and noting that the Court indicated during the December 20, 2022 Section 101 day that it would thereafter set a further limited letter briefing schedule for any such motion, (D.I. 68 at 222), hereby ORDERS as follows: (1) By no later than February 8, 2023, Defendant shall file an answering letter brief, not to exceed five (5) single-spaced pages, in no less than 12-point font.; and (2) By no later than February 15, 2023, Plaintiff shall file a reply letter brief, of no more than three (3) single-spaced pages, in no less than 12-point font. Ordered by Judge Christopher J. Burke on 2/1/2023. (dlb) (Entered: 02/01/2023) (0)
Jan 30, 2023 75 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Brief in Support of Motion to Stay - re 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims. (Neff, Carl) (Entered: 01/30/2023) (4)
Jan 27, 2023 74 ORAL ORDER: The Court, having reviewed Defendant's opening brief to its motion to stay pending IPR, (D.I. 71; D.I. 72), and noting that the Scheduling Order in this case provides that "[a]ny motion to stay shall not be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages," (D.I. 24 at para. 10(a)), hereby ORDERS that by no later than February 1, 2023, Defendant shall file a letter in support of its motion to stay, following the procedures set forth in the Scheduling Order. Ordered by Judge Christopher J. Burke on 1/27/2023. (dlb) (Entered: 01/27/2023) (0)
Jan 26, 2023 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims - filed by Egnyte, Inc.. (Attachments: # 1 Text of Proposed Order)(Neff, Carl) (Entered: 01/26/2023) (0)
Jan 26, 2023 72 MEMORANDUM in Support re 71 MOTION to Stay Case Pending Inter Partes Review of the Asserted Patent Claims filed by Egnyte, Inc..Answering Brief/Response due date per Local Rules is 2/9/2023. (Attachments: # 1 Affidavit /Declaration of Gary Davis)(Neff, Carl) (Entered: 01/26/2023) (0)
Jan 26, 2023 73 DECLARATION re 72 MEMORANDUM in Support, by Egnyte, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Neff, Carl) (Entered: 01/26/2023) (0)
Jan 20, 2023 69 MOTION for Leave to Amend Complaint re Motion Hearing,,, 1 Complaint, - filed by Topia Technology, Inc.. (Attachments: # 1 Text of Proposed Order)(Farnan, Kelly) (Entered: 01/20/2023) (0)
Jan 20, 2023 70 Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding the Court's Oral Ruling on December 20, 2022 - re 69 MOTION for Leave to Amend Complaint re Motion Hearing,,, 1 Complaint, . (Attachments: # 1 Exhibit A_Amended Complaint, # 2 Exhibit B_Redlined Complaint)(Farnan, Kelly) (Entered: 01/20/2023) (0)
Jan 4, 2023 68 Official Transcript of 101 Motions Day Hearing held on 12/20/2022 before Judge Judge Burke. Court Reporter/Transcriber Deanna Warner, CSR,Email: warnerdeanna@gmail.com. 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 1/25/2023. Redacted Transcript Deadline set for 2/6/2023. Release of Transcript Restriction set for 4/4/2023. (dlb) (Entered: 01/04/2023) (257)
Dec 16, 2022 67 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Heidi Keefe will argue motion on behalf of Egnyte, Inc. at "101 Day" motions hearing - re 58 Order Setting Hearing on Motion,,,,,,,,,,,,. (Neff, Carl) (Entered: 12/16/2022) (1)
Dec 15, 2022 66 MOTION for Pro Hac Vice Appearance of Attorney Janvi U. Shah - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 12/15/2022) (2)
Dec 13, 2022 64 NOTICE OF SERVICE of Defendant's Amended Invalidity Contentions filed by Egnyte, Inc..(Neff, Carl) (Entered: 12/13/2022) (2)
Dec 13, 2022 65 Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding Topia's arguments in its citation of subsequent authority - re 60 Letter. (Neff, Carl) (Entered: 12/13/2022) (2)
Dec 9, 2022 62 Letter to The Honorable Christopher J. Burke from Griffin A. Schoenbaum regarding Response to the Court's November 30 Oral Order - re 58 Order Setting Hearing on Motion,,,,,,,,,,,,. (Schoenbaum, Griffin) (Entered: 12/09/2022) (4)
Dec 9, 2022 63 Letter to The Honorable Christopher J. Burke, U.S.M.J. from Carl D. Neff regarding Response to Court's Oral Order dated November 30, 2022. (Neff, Carl) (Entered: 12/09/2022) (3)
Dec 8, 2022 60 Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Subsequent Authority. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Entered: 12/08/2022) (0)
Dec 8, 2022 61 MOTION for Pro Hac Vice Appearance of Attorney Heidi L. Keefe - filed by Egnyte, Inc.. (Attachments: # 1 Affidavit /Certification by Counsel to be Admitted Pro Hac Vice)(Neff, Carl) (Entered: 12/08/2022) (0)
Dec 5, 2022 59 MOTION for Pro Hac Vice Appearance of Attorney J. Warren Lytle, Jr. - filed by Topia Technology, Inc.. (Farnan, Kelly) (Entered: 12/05/2022) (2)
Nov 30, 2022 58 ORAL ORDER: IT IS HEREBY ORDERED that at the December 20, 2022 "101 Day" motions hearing, beginning at 9:30 a.m. in Courtroom 2A: (1) the motion in Civil Action No. 22-361-CJB will be argued first, and each side will have 25 minutes for argument; (2) the motion in Civil Action No. 22-900-CJB will be argued second, and each side will have 25 minutes for argument; and (3) the motion in Civil Action No. 21-1821-CJB will be argued third, and each side will have 25 minutes for argument. After all of these arguments have concluded, the Court will adjourn and will return by approximately 4:00 p.m. to provide rulings on some or all of 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 argument time (including even after the Court has announced its decisions). IT IS FURTHER ORDERED that on or before December 9, 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) What is the best articulation in the caselaw that you have seen that explains how a court should determine whether a purportedly representative claim is in fact representative of other claims in the patent, for purposes of conducting a Section 101 analysis?; (3) The Supreme Court has said that the concern that drives the Section 101 inquiry is preemption. Knowing this, when a court conducts the two-step Alice inquiry, in what way should the Court take into account the concept of preemption in doing so?; and (4) Although preemption is the concern that drives the Section 101 analysis, courts have also found that simply because a claim would not preempt an entire field, that does not mean the claim is necessarily patent eligible. What guideposts should a court use to determine when a purported abstract idea has or has not preempted enough of the field in question such that the claim is likely to be eligible or ineligible? 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 December 16, 2022), the parties shall also advise the Court and opposing counsel which attorney(s) will argue each motion. With regard to slides, the parties should keep in mind that because oral argument time is limited, they should focus their presentation on a limited number of key slides (also keeping in mind that the Court will have questions for each side during their argument time). Ordered by Judge Christopher J. Burke on 11/30/2022. (dlb) (Entered: 11/30/2022) (0)
Nov 22, 2022 57 NOTICE OF SERVICE of Plaintiff Topia Technology Inc.s Proposed Narrowed List of Asserted Claims filed by Topia Technology, Inc..(Farnan, Kelly) (Entered: 11/22/2022) (2)
Nov 9, 2022 56 Order (2)
Docket Text: ORDER, The Court has previously scheduled argument on 101 Motions D.I. 17 in Civil Action No. 22-361-CJB and D.I. [39] in Civil Action No. 21-1821-CJB to be heard at a combined hearing on December 20, 2022, beginning at 9:30 a.m..The Court will now also hear argument on the Section 101 issues set out in D.I. 11 in Civil Action No. 22-900-CJB during the Section 101 day hearing. (SEE ORDER FOR FURTHER DETAILS) Signed by Judge Christopher J. Burke on 11/09/2022. (srs)
Nov 1, 2022 55 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiff Topia Technology Inc.s Supplementation of Initial Identification of Asserted Patents and Accused Products filed by Topia Technology, Inc..(Farnan, Kelly)
Oct 10, 2022 54 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiff Topia Technology, Inc.s Responses and Objections to Defendant Egnytes First Set of Interrogatories (Nos. 1-14) and (2) Plaintiff Topia Technology, Inc.s Responses and Objections to Defendant Egnytes First Set of Requests for the Production of Documents and Things (Nos. 1- 101) filed by Topia Technology, Inc..(Farnan, Kelly)
Oct 6, 2022 53 Order Setting Hearing on Motion (2)
Docket Text: ORDER: The Court will hear argument on at least the following 101 Motions at a combined hearing on December 20, 2022, beginning at 9:30 a.m.: D.I. 17 in Civil Action No. 22-361-CJB and D.I. 39 in Civil Action No. 21-1821-CJB. (See Order for further details) Signed by Judge Christopher J. Burke on 10/06/2022. (smg)
Sep 29, 2022 52 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Egnyte, Inc.s Objections and Responses to Plaintiffs First Set of Interrogatories to Egnyte, Inc. (Nos. 1-4) and Egnyte, Inc.s Objections and Responses to Plaintiffs First Set of Requests for Production to Egnyte (Nos. 1-45) filed by Egnyte, Inc..(Neff, Carl)
Sep 13, 2022 51 Request for Oral Argument (1)
Docket Text: REQUEST for Oral Argument by Topia Technology, Inc. re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101. (Farnan, Kelly)
Sep 8, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Adam Yowell for Egnyte, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
Sep 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [48] MOTION for Pro Hac Vice Appearance of Attorney Mark Boland, Raja N. Saliba, Michael R. Dzwonczyk, Chidambaram S. Iyer and L. Roman Rachuba filed by Topia Technology, Inc., and D.I. [47] MOTION for Pro Hac Vice Appearance of Attorney Adam K. Yowell filed by Egnyte, Inc. Ordered by Judge Christopher J. Burke on 9/7/2022. (dlb)
Sep 6, 2022 50 Reply Brief (Main Document) (15)
Docket Text: REPLY BRIEF re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Egnyte, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit A)(Neff, Carl)
Sep 6, 2022 50 Reply Brief (Exhibit 1) (2)
Docket Text: REPLY BRIEF re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Egnyte, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit A)(Neff, Carl)
Sep 6, 2022 50 Reply Brief (Exhibit A) (2)
Docket Text: REPLY BRIEF re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Egnyte, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit A)(Neff, Carl)
Sep 2, 2022 49 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant's Preliminary Invalidity Contentions filed by Egnyte, Inc..(Neff, Carl)
Aug 29, 2022 48 Motion for Leave to Appear Pro Hac Vice (6)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Mark Boland, Raja N. Saliba, Michael R. Dzwonczyk, Chidambaram S. Iyer and L. Roman Rachuba - filed by Topia Technology, Inc.. (Farnan, Kelly)
Aug 25, 2022 47 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Adam K. Yowell - filed by Egnyte, Inc.. (Neff, Carl)
Aug 16, 2022 45 Answering Brief in Opposition (24)
Docket Text: ANSWERING BRIEF in Opposition re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Topia Technology, Inc..Reply Brief due date per Local Rules is 8/23/2022. (Farnan, Kelly)
Aug 16, 2022 46 Declaration (Main Document) (2)
Docket Text: DECLARATION re [45] Answering Brief in Opposition, Chidambaram S. Iyer by Topia Technology, Inc.. (Attachments: # (1) Exhibit A)(Farnan, Kelly)
Aug 16, 2022 46 Declaration (Exhibit A) (13)
Docket Text: DECLARATION re [45] Answering Brief in Opposition, Chidambaram S. Iyer by Topia Technology, Inc.. (Attachments: # (1) Exhibit A)(Farnan, Kelly)
Aug 3, 2022 44 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiff Topia Technology Inc.'s Initial Infringement Contentions filed by Topia Technology, Inc..(Farnan, Kelly)
Aug 2, 2022 43 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendant Egnyte, Inc.s First Set of Interrogatories to Plaintiff and Egnyte, Incs First Set of Requests for Production to Plaintiff filed by Egnyte, Inc..(Neff, Carl)
Jul 29, 2022 42 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of (1) Plaintiff Topia Technology Inc.s First Set of Interrogatories to Egnyte, Inc. Nos. 1-4 and (2) Plaintiff Topia Technology Inc.s First Set of Requests for Production of Documents and Things to Egnyte, Inc. Nos. 1-45 filed by Topia Technology, Inc..(Farnan, Kelly)
Jul 14, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [41] STIPULATION TO EXTEND TIME the deadlines for briefing on Defendants Motion for Judgment on the Pleadings to Various Dates filed by Topia Technology, Inc. (Answering Brief due 8/16/2022., Reply Brief due 9/6/2022.) Ordered by Judge Christopher J. Burke on 7/14/2022. (dlb)
Jul 14, 2022 41 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME the deadlines for briefing on Defendants Motion for Judgment on the Pleadings to Various Dates - filed by Topia Technology, Inc.. (Farnan, Kelly)
Jul 11, 2022 39 Motion for Judgment on the Pleadings (Main Document) (1)
Docket Text: MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 - filed by Egnyte, Inc.. (Attachments: # (1) Text of Proposed Order)(Neff, Carl)
Jul 11, 2022 39 Motion for Judgment on the Pleadings (Text of Proposed Order) (1)
Docket Text: MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 - filed by Egnyte, Inc.. (Attachments: # (1) Text of Proposed Order)(Neff, Carl)
Jul 11, 2022 40 Opening Brief in Support (27)
Docket Text: OPENING BRIEF in Support re [39] MOTION for Judgment on the Pleadings that Plaintiff's Asserted Patents are Invalid under 35 U.S.C. § 101 filed by Egnyte, Inc..Answering Brief/Response due date per Local Rules is 7/25/2022. (Neff, Carl)
Jul 1, 2022 38 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Egnyte's Disclosures Pursuant to Section 6(c) of the Court's Scheduling Order filed by Egnyte, Inc..(Neff, Carl)
Jun 30, 2022 37 Notice of Change of Address (2)
Docket Text: NOTICE of Change of Address by Carl Douglas Neff (Neff, Carl)
Jun 8, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: The Court has reviewed the parties' June 6, 2022 joint letter. (D.I. 35) The Court concludes that the case narrowing schedule shall be as follows: (a) By no later than November 22, 2022, Plaintiff shall narrow the number of asserted claims to 42.; (b) By no later than December 13, 2022, Defendant shall narrow its Section 102/103 invalidity case to no more than 60 prior art references.; (c) The parties' joint proposal regarding the second stage cutdown (i.e., that they will meet and confer in June 2023 to attempt to agree as to this cutdown) is ADOPTED..; (d) The parties may, of course, seek to modify these limits in the future upon a showing of good cause. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1312 (Fed. Cir. 2011); and (e) The Court assumes the parties will work to further reduce the scope of the case subsequent to the second cutdown (and seek Court assistance if they cannot do so collaboratively). Ordered by Judge Christopher J. Burke on 6/8/2022. (dlb)
Jun 6, 2022 35 Letter (4)
Docket Text: Joint Letter to The Honorable Christopher Burke, U.S.M.J. from Carl D. Neff regarding case narrowing issues - re SO ORDERED,. (Neff, Carl)
Jun 2, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [34] STIPULATION TO EXTEND TIME to meet and confer and file a joint letter providing the parties respective positions regarding case narrowing to June 6, 2022 filed by Topia Technology, Inc. Ordered by Judge Christopher J. Burke on 6/2/2022. (dlb)
Jun 2, 2022 34 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to meet and confer and file a joint letter providing the parties respective positions regarding case narrowing to June 6, 2022 - filed by Topia Technology, Inc.. (Farnan, Kelly)
Jun 1, 2022 33 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiff Topia Technology Inc.s Initial Identification of Asserted Patents and Accused Products filed by Topia Technology, Inc..(Farnan, Kelly)
May 24, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: The parties shall submit, by no later than May 25, 2022, a revised version of the Proposed Protective Order, (D.I. 29), which contains the paragraph listed in Section 3 of Judge Burke's form of Scheduling Order entered in this case. Ordered by Judge Christopher J. Burke on 5/24/2022. (dlb)
May 24, 2022 31 Proposed Order (25)
Docket Text: PROPOSED ORDER Protective Order re [30] Oral Order, by Topia Technology, Inc.. (Farnan, Kelly)
May 24, 2022 32 Protective Order (25)
Docket Text: PROTECTIVE ORDER. Signed by Judge Christopher J. Burke on 5/24/2022. (dlb)
May 23, 2022 29 Proposed Order (Main Document) (23)
Docket Text: PROPOSED ORDER Protective by Topia Technology, Inc.. (Attachments: # (1) Exhibit A)(Farnan, Kelly)
May 23, 2022 29 Proposed Order (Exhibit A) (2)
Docket Text: PROPOSED ORDER Protective by Topia Technology, Inc.. (Attachments: # (1) Exhibit A)(Farnan, Kelly)
May 17, 2022 27 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Egnyte's Initial Disclosures filed by Egnyte, Inc..(Neff, Carl)
May 17, 2022 28 Notice of Service (1)
Docket Text: NOTICE OF SERVICE of Plaintiff Topia Technology Inc.s Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26(a)(1) filed by Topia Technology, Inc..(Farnan, Kelly)
May 12, 2022 24 Scheduling Order (20)
Docket Text: SCHEDULING ORDER: Joinder of Parties due by 8/26/2022. Amended Pleadings due by 8/26/2022. Discovery due by 9/15/2023. Opening Expert Reports due by 10/13/2023. Rebuttal Expert Reports due by 11/13/2023. Expert Discovery due by 1/19/2024. Status Report due by 7/7/2023. Dispositive Motions due by 2/8/2024. Answering Brief due 2/29/2024. Reply Brief due 3/14/2024. A Motion Hearing is set for 4/24/2024 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke Claim Construction Opening Brief due by 3/17/2023. Claim Construction Answering Brief due by 4/14/2023. Claim Construction Reply Brief due by 5/2/2023. Claim Construction Surreply Brief due by 5/19/2023. Joint Claim Construction Brief due by 5/25/2023. A Markman Hearing is set for 6/22/2023 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Proposed Pretrial Order due by 7/5/2024. A Pretrial Conference is set for 7/12/2024 at 11:30 AM in Courtroom 2A before Judge Christopher J. Burke. A 5 day Jury Trial is set for 7/22/2024 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 5/12/2022. (dlb)
May 12, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: With the parties having no disputes as to the form of the proposed Scheduling Order (D.I. 24), the Court has today entered that Order. To the extent that either party wishes the Court to schedule an in-person or telephonic Case Management Conference at this time, they should so inform the Court by letter. To the extent that the parties do not do so, the Court will not set a conference at this time. Ordered by Judge Christopher J. Burke on 5/12/2022. (dlb)
May 12, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: The Court has reviewed the parties' May 6, 2022 joint letter. (D.I. 23) With regard to the referenced dispute about case narrowing, the Court hereby ORDERS that by no later than June 2, 2022, the parties should meet and confer and file a joint letter of no more than four (4) single-spaced pages that provides the parties' respective positions regarding that subject. In the letter, the parties should, inter alia: (1) provide their respective views as to how many patent claims should be asserted and how many prior art references/prior art arguments should be elected by certain points in the case; and (2) propose dates by which the parties should cut down the number of asserted claims/references/arguments (including as to whether this cut down should occur at one stage or two stages). To guide the parties, the Court hereby refers to them its decisions in the following cases regarding case narrowing: Civil Action Nos. 20-1197, 19-145, 18-300, 17-1390, 17-871, 17-600, 16-380, 15-980, 15-819, and 14-721. After receiving the letter, the Court will determine whether a further status teleconference with the parties is necessary. Ordered by Judge Christopher J. Burke on 5/12/2022. (dlb)
May 6, 2022 23 Letter (Main Document) (2)
Docket Text: Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly)
May 6, 2022 23 Letter (Text of Proposed Order) (20)
Docket Text: Letter to Honorable Christopher J. Burke from Kelly E. Farnan regarding Proposed Scheduling Order and Case Management Checklist. (Attachments: # (1) Text of Proposed Order)(Farnan, Kelly)
Apr 8, 2022 22 Answer to Counterclaim (9)
Docket Text: ANSWER to [13] Answer to Complaint, Counterclaim by Topia Technology, Inc..(Farnan, Kelly)
Apr 5, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [21] STIPULATION TO EXTEND TIME for the parties to file a Proposed Scheduling Order to May 6, 2022 filed by Topia Technology, Inc. Ordered by Judge Christopher J. Burke on 4/5/2022. (dlb)
Apr 5, 2022 21 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for the parties to file a Proposed Scheduling Order to May 6, 2022 - filed by Topia Technology, Inc.. (Farnan, Kelly)
Mar 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [20] STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Answer and Counterclaims (D.I. 13) to through and including April 11, 2022 filed by Topia Technology, Inc. Ordered by Judge Christopher J. Burke on 3/29/2022. (mlc)
Mar 28, 2022 20 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to Respond to Defendant's Answer and Counterclaims (D.I. 13) to through and including April 11, 2022 - filed by Topia Technology, Inc.. (Farnan, Kelly)
Mar 17, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: D.I. 19 has been deleted from the docket. Consent forms are to be submitted to the Clerk's Office and not filed on the docket. (dlw)
Mar 17, 2022 19 Consent to Jurisdiction by US Magistrate Judge (1)
Docket Text: CONSENT to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Maryellen Noreika on 3/17/2022. (dlw)
Mar 14, 2022 17 Letter (1)
Docket Text: Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Response to the Court's Oral Order (D.I.16) - re [16] Oral Order,. (Farnan, Kelly)
Mar 14, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: The Court has reviewed the parties' March 14, 2022 letter. (D.I. 17) The Court HEREBY ORDERS as follows: By no later than March 18, 2022, the parties shall complete and file Form AO 85 ("Notice, Consent and Reference of a Civil Action to a Magistrate Judge"), which is located in the "Forms" tab of Judge Burk's page on the District Court's website. Ordered by Judge Christopher J. Burke on 3/14/2022. (dlb)
Mar 7, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: D.I. 14 deleted per counsels request. Counsel indicated that they will re-file following this entry. (apk)
Mar 7, 2022 13 Answer to Complaint (20)
Docket Text: ANSWER to [1] Complaint, , COUNTERCLAIM with Jury Demand against Topia Technology, Inc. by Egnyte, Inc..(Neff, Carl)
Mar 7, 2022 14 Disclosure Statement (2)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Goldman Sachs Group Inc. for Egnyte, Inc. filed by Egnyte, Inc.. (Neff, Carl)
Mar 7, 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: (i) a proposed Scheduling Order, which is consistent with Judge Burke's "Rule 16 Scheduling Order Patent" up through and including paragraph number 16 (i.e., regarding the portions of the case schedule leading up to but not including the case dispositive motion stage of the case) and that is consistent with paragraphs 15-22 of Judge Noreika's "Patent Scheduling Order - Non-ANDA" (i.e., regarding the portions of the case schedule from the case dispositive motion stage through post-trial motions); and (ii) 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 Noreika's portions of the District Court's website. Ordered by Judge Christopher J. Burke on 3/7/2022. (dlb)
Mar 7, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: By no later than seven days from today's date, the parties shall meet and confer and submit a letter of no more than one single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. Ordered by Judge Christopher J. Burke on 3/7/2022. (dlb)
Feb 10, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorneys Ryan T. Beard and Christopher R. Kinkade for Egnyte, 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 9, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [12] MOTION for Pro Hac Vice Appearance of Attorney Ryan T. Beard, Esq filed by Egnyte, Inc., [11] MOTION for Pro Hac Vice Appearance of Attorney Christopher R. Kinkade, Esq filed by Egnyte, Inc. Ordered by Judge Christopher J. Burke on 2/9/2020. (dlb)
Feb 8, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED D.I. [10] MOTION for Extension of Time to File Answer to 3/7/2022. Signed by Judge Christopher J. Burke on 2/8/2022. (dlb)
Feb 8, 2022 10 Motion for Extension of Time to File Answer (1)
Docket Text: MOTION for Extension of Time to File Answer re SO ORDERED, Set/Reset Answer Deadline(s) 03/07/2022 - filed by Egnyte, Inc.. Motions referred to Christopher J. Burke.(Neff, Carl)
Feb 8, 2022 11 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Christopher R. Kinkade, Esq - filed by Egnyte, Inc.. Motions referred to Christopher J. Burke.(Neff, Carl)
Feb 8, 2022 12 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Ryan T. Beard, Esq - filed by Egnyte, Inc.. Motions referred to Christopher J. Burke.(Neff, Carl)
Feb 4, 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)
Feb 4, 2022 N/A Remark (0)
Docket Text: 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: https://www.ded.uscourts.gov/judge/magistrate-judge-christopher-j-burke (dlb)
Feb 3, 2022 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 21-1821-MN-CJB. ORDERED by Judge Maryellen Noreika on 2/3/2022. (dlw)
Jan 13, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED re [8] MOTION for Extension of Time to File Answer re [1] Complaint (Set/Reset Answer Deadlines: Egnyte, Inc. answer due 2/17/2022). ORDERED by Judge Maryellen Noreika on 1/13/2022. (dlw)
Jan 13, 2022 7 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Carl Douglas Neff on behalf of Egnyte, Inc. (Neff, Carl)
Jan 13, 2022 8 Motion for Extension of Time to File Answer (1)
Docket Text: MOTION for Extension of Time to File Answer re [1] Complaint, - filed by Egnyte, Inc.. (Neff, Carl)
Dec 29, 2021 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. (rjb)
Dec 28, 2021 6 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by Topia Technology, Inc.. Egnyte, Inc. served on 12/28/2021, answer due 1/18/2022. (Farnan, Kelly)
Dec 27, 2021 1 Complaint* (1)
Dec 27, 2021 1 Complaint (Main Document) (30)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Egnyte, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3770729.) - filed by Topia Technology, Inc. (Attachments: # (1) Exhibit 1-7, # (2) Civil Cover Sheet)(apk)
Dec 27, 2021 1 Complaint (Exhibit 1-7) (30)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Egnyte, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3770729.) - filed by Topia Technology, Inc. (Attachments: # (1) Exhibit 1-7, # (2) Civil Cover Sheet)(apk)
Dec 27, 2021 1 Complaint (Civil Cover Sheet) (2)
Docket Text: COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Egnyte, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3770729.) - filed by Topia Technology, Inc. (Attachments: # (1) Exhibit 1-7, # (2) Civil Cover Sheet)(apk)
Dec 27, 2021 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk)
Dec 27, 2021 3 Patent/Trademark Report to Commissioner (2)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,143,561 ;10,067,942 ;10,289,607 ;10,642,787 ;10,754,813. (apk)
Dec 27, 2021 4 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Topia Technology, Inc.. (apk)
Dec 27, 2021 5 Summons Issued (2)
Docket Text: Summons Issued with Magistrate Consent Notice attached as to Egnyte, Inc. on 12/27/2021. (apk)
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