Case number 1:21-cv-01698
Valyant AI Inc. v. Kea Cloud, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 4, 2023 | 34 | SO ORDERED, re (37 in 1:21-cv-01700-MN, 32 in 1:21-cv-01698-MN) Stipulation to Stay. Signed by Judge Maryellen Noreika on 8/4/2023. Associated Cases: 1:21-cv-01698-MN, 1:21-cv-01700-MN(mdb) (Entered: 08/04/2023) (2) |
| Aug 2, 2023 | 33 | Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding joint status report. (Mayo, Andrew) (Entered: 08/02/2023) (2) |
| Aug 2, 2023 | 32 | STIPULATION to Stay by Valyant AI, Inc.. (Mayo, Andrew) (Entered: 08/02/2023) (2) |
| Mar 23, 2023 | 31 | SO ORDERED re (35 in 1:21-cv-01700-MN, 30 in 1:21-cv-01698-MN) Stipulation to Stay Actions. CASES STAYED. Signed by Judge Maryellen Noreika on 3/23/2023. (dlw) (Entered: 03/23/2023) (3) |
| Mar 22, 2023 | 30 | STIPULATION to Stay by Valyant AI, Inc.. (Mayo, Andrew) (Entered: 03/22/2023) (3) |
| Mar 15, 2023 | 29 | MOTION for Pro Hac Vice Appearance of Attorney Dina Blikshteyn - filed by Valyant AI, Inc.. (Mayo, Andrew) (Entered: 03/15/2023) (4) |
| Mar 14, 2023 | 28 | ORAL ORDER re MOTION to Dismiss (11 in 1:21-cv-01698-MN, 12 in 1:21-cv-01700-MN), Letter (25 in 1:21-cv-01698-MN, 30 in 1:21-cv-01700-MN), Letter (27 in 1:21-cv-01698-MN, 32 in 1:21-cv-01700-MN) - There is currently a pending request for reissue for the only patent-in-suit, U.S. Patent No. 10,592,706 ("the '706 Patent"). Defendants have expressed concern that the reissue proceedings will result in claim amendments, particularly because the reissue seeks to change the '706 Patent priority date and because Plaintiff has not represented (and likely cannot represent) that the claims will remain unchanged after reissue proceedings. (D.I. 27 at 2-3, D.I. 32 at 2-3). In light of Defendants' concern, which is not unfounded, the Court finds it is an inefficient use of time to address at this time Defendants' motion to dismiss, which requires a claim-by-claim patent-eligibility analysis taking into account the claims as a whole, as well as the individual claim elements and their ordered combination. THEREFORE, IT IS HEREBY ORDERED that Defendants' motion to dismiss (D.I. 11, D.I. 12) is DENIED without prejudice to renew at a later date. IT IS FURTHER ORDERED that the in-person hearing scheduled for March 16, 2023 is CONVERTED into a teleconference regarding the parties' proposed schedule (D.I. 25-1, D.I. 30-1) and the impact and status of the reissue proceedings on this case. Counsel shall provide a teleconference dial-in number and code for the hearing by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 3/14/2023. (dlw) (Entered: 03/14/2023) (0) |
| Mar 13, 2023 | 27 | Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding joint status report. (Mayo, Andrew) (Entered: 03/13/2023) (3) |
| Mar 10, 2023 | 26 | ORAL ORDER re (30 in 1:21-cv-01700-MN, 25 in 1:21-cv-01698-MN) Letter - The letter enclosing the proposed schedule mentions an apparently pending request for a reissue of U.S. Patent No. 10,592,706 ("the '706 Patent"), which is the only patent-in-suit and the subject of the motion to dismiss pending before the Court. IT IS HEREBY ORDERED that, on or before close of business on March 13, 2023, the parties shall submit a joint status report describing all changes to the '706 Patent sought through reissue proceedings, including but not limited to any requested amendments to the claims of the '706 Patent. ORDERED by Judge Maryellen Noreika on 3/10/2023. (dlw) (Entered: 03/10/2023) (0) |
| Mar 9, 2023 | 25 | Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding proposed scheduling order. (Attachments: # 1 Proposed Scheduling Order)(Mayo, Andrew) (Entered: 03/09/2023) (0) |
| Mar 9, 2023 | 24 | Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding hearing in connection with Defendants' motion to dismiss - re (21 in 1:21-cv-01698-MN, 25 in 1:21-cv-01700-MN) Order Setting Hearing on Motion,,,,,. (Mayo, Andrew) (Entered: 03/09/2023) (2) |
| Mar 8, 2023 | 23 | Letter to The Honorable Maryellen Noreika from Jack B. Blumenfeld regarding motion to dismiss hearing - re (21 in 1:21-cv-01698-MN, 25 in 1:21-cv-01700-MN) Order Setting Hearing on Motion,,,,,. (Blumenfeld, Jack) (Entered: 03/08/2023) (3) |
| Mar 3, 2023 | 22 | ORAL ORDER RESETTING Hearing on (11 in 1:21-cv-01698-MN) (12 in 1:21-cv-01700-MN) MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 - At the request of counsel, IT IS HEREBY ORDERED that the Motion Hearing is RESET for 3/16/2023 at 10:00 AM before Judge Maryellen Noreika. The letters referenced in D.I. 21 will now be due on 3/9/2023. All other provisions of the 3/1/2023 Oral Order remain in effect. ORDERED by Judge Maryellen Noreika on 3/3/2023. (dlw) (Entered: 03/03/2023) (0) |
| Mar 1, 2023 | 21 | ORAL ORDER Setting Hearing on Motion (11 in 1:21-cv-01698-MN) (12 in 1:21-cv-01700-MN) MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 - IT IS HEREBY ORDERED that a Motion Hearing is set for 3/15/2023 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside one (1) hour for this argument with the time split equally between Plaintiff and Defendants. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to MN_civil@ded.uscourts.gov no later than 24 hours prior to the hearing. The parties may, however, agree upon a different time to exchange their respective slides. IT IS FURTHER ORDERED that, on or before 3/8/2023, each party shall file a one-page letter informing the Court of which single Supreme Court or Federal Circuit case is most similar to the challenged claim(s), and the parties shall NOT include more than one case in these letters. 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 101 Motion to claims previously found to be patent (in)eligible by a higher court. ORDERED by Judge Maryellen Noreika on 3/1/2023. (dlw) (Entered: 03/01/2023) (0) |
| Mar 1, 2023 | 20 | STIPULATION TO EXTEND TIME for the parties to submit a proposed scheduling order pursuant to the Court's February 16, 2023, Oral Order (D.I. 19 in C.A. No. 21-1698; D.I. 23 in C.A. No. 21-1700) to March 9, 2023 - filed by Kea Cloud, Inc., Hi Auto, Inc.. (Clark, Cameron) (Entered: 03/01/2023) (2) |
| Feb 16, 2023 | 19 | ORAL ORDER - IT IS HEREBY ORDERED that, within fourteen (14) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed, coordinated order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 2/16/2023. (dlw) (Entered: 02/16/2023) (0) |
| Jul 6, 2022 | 18 | Notice Requesting Removal of Co-Counsel (2) Docket Text: NOTICE requesting Clerk to remove Alexander B. Lutzky as co-counsel.. (Mayo, Andrew) |
| Jun 14, 2022 | 17 | Reply Brief (16) Docket Text: REPLY BRIEF re [11] MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 filed by Kea Cloud, Inc.. (Blumenfeld, Jack) Modified on 6/15/2022 (dlw). |
| Jun 1, 2022 | 16 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the defendant to file a reply brief in support of its Motion to Dismiss (D.I. 11) to June 14, 2022 - filed by Kea Cloud, Inc.. (Clark, Cameron) |
| Jun 1, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED, re [16] STIPULATION TO EXTEND TIME for the defendant to file a reply brief in support of its Motion to Dismiss (D.I. 11) to June 14, 2022 filed by Kea Cloud, Inc. (Reply Brief due 6/14/2022). ORDERED by Judge Maryellen Noreika on 6/1/2022. (mdb) |
| May 31, 2022 | 15 | Answering Brief in Opposition (21) Docket Text: ANSWERING BRIEF in Opposition re [11] MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 filed by Valyant AI, Inc..Reply Brief due date per Local Rules is 6/7/2022. (Mayo, Andrew) |
| May 17, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [14] MOTION for Pro Hac Vice Appearance of Attorney Vincent J. Galluzzo and Kainoa Asuega filed by Kea Cloud, Inc. ORDERED by Judge Maryellen Noreika on 5/17/2022. (dlw) |
| May 16, 2022 | 12 | Opening Brief in Support (24) Docket Text: OPENING BRIEF in Support re [11] MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 filed by Kea Cloud, Inc..Answering Brief/Response due date per Local Rules is 5/31/2022. (Blumenfeld, Jack) |
| May 16, 2022 | 11 | Motion to Dismiss (3) Docket Text: MOTION to Dismiss Based upon Lack of Patentable Subject Matter Pursuant to 35 U.S.C. § 101 - filed by Kea Cloud, Inc.. (Blumenfeld, Jack) |
| May 16, 2022 | 13 | Disclosure Statement (2) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Kea Cloud, Inc.. (Blumenfeld, Jack) |
| May 16, 2022 | 14 | Motion for Leave to Appear Pro Hac Vice (5) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vincent J. Galluzzo and Kainoa Asuega - filed by Kea Cloud, Inc.. (Clark, Cameron) |
| May 2, 2022 | 10 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for the defendant to move, answer, or otherwise respond to the First Amended Complaint (D.I. 6) to May 16, 2022 - filed by Kea Cloud, Inc.. (Clark, Cameron) |
| May 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [10] STIPULATION TO EXTEND TIME for the defendant to move, answer, or otherwise respond to the First Amended Complaint (D.I. 6) to May 16, 2022 (Set/Reset Answer Deadlines: Kea Cloud, Inc. answer due 5/16/2022). ORDERED by Judge Maryellen Noreika on 5/2/2022. (dlw) |
| Mar 2, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [9] STIPULATION TO EXTEND TIME for defendant to move, aswer, or otherwise respond to the Complaint to May 2, 2022 (Set/Reset Answer Deadlines: Kea Cloud, Inc. answer due 5/2/2022). ORDERED by Judge Maryellen Noreika on 3/2/2022. (dlw) |
| Mar 1, 2022 | 9 | Stipulation to EXTEND Time (1) Docket Text: STIPULATION TO EXTEND TIME for defendant to respond to the Complaint to May 2, 2022 - filed by Kea Cloud, Inc.. (Blumenfeld, Jack) |
| Mar 1, 2022 | 8 | Disclosure Statement (1) Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Valyant AI, Inc.. (Mayo, Andrew) |
| Feb 11, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Stephanie N. Sivinski for Valyant AI, 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 10, 2022 | 7 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by Valyant AI, Inc.. Kea Cloud, Inc. served on 2/10/2022, answer due 3/3/2022. (Mayo, Andrew) |
| Feb 9, 2022 | 6 | Amended Complaint (Redline Comparison) (23) Docket Text: First AMENDED COMPLAINT against Kea Cloud, Inc.- filed by Valyant AI, Inc.. (Attachments: # (1) Exhibit A-B)(Mayo, Andrew) (Additional attachment(s) added on 2/10/2022: # (2) Redline Comparison) (dlw). |
| Feb 9, 2022 | 6 | Amended Complaint (Exhibit A-B) (30) Docket Text: First AMENDED COMPLAINT against Kea Cloud, Inc.- filed by Valyant AI, Inc.. (Attachments: # (1) Exhibit A-B)(Mayo, Andrew) (Additional attachment(s) added on 2/10/2022: # (2) Redline Comparison) (dlw). |
| Feb 9, 2022 | 6 | Amended Complaint (Main Document) (14) Docket Text: First AMENDED COMPLAINT against Kea Cloud, Inc.- filed by Valyant AI, Inc.. (Attachments: # (1) Exhibit A-B)(Mayo, Andrew) (Additional attachment(s) added on 2/10/2022: # (2) Redline Comparison) (dlw). |
| Feb 9, 2022 | 5 | Motion for Leave to Appear Pro Hac Vice (6) Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Richard D. Rochford, Stephanie N. Sivinski, and Alexander B. Lutzky - filed by Valyant AI, Inc.. (Mayo, Andrew) |
| Feb 9, 2022 | 4 | Notice of Substitution of Counsel (2) Docket Text: NOTICE OF SUBSTITUTION OF COUNSEL re Valyant AI, Inc.: Entry of appearance of attorney Andrew Colin Mayo. Attorney Geoffrey G. Grivner and Kody M. Sparks of Buchanan Ingersoll & Rooney PC terminated. (Mayo, Andrew) |
| Feb 9, 2022 | N/A | Add Attorneys Pro Hac Vice (0) Docket Text: Pro Hac Vice Attorney Alexander B. Lutzky for Valyant AI, 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 9, 2022 | N/A | SO ORDERED (0) Docket Text: SO ORDERED re [5] MOTION for Pro Hac Vice Appearance of Attorney Richard D. Rochford, Stephanie N. Sivinski, and Alexander B. Lutzky filed by Valyant AI, Inc. ORDERED by Judge Maryellen Noreika on 2/9/2022. (dlw) |
| Feb 9, 2022 | 6 | Amended Complaint* (1) |
| Dec 8, 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. Associated Cases: 1:21-cv-01698-MN, 1:21-cv-01700-MN (rjb) |
| Dec 1, 2021 | 3 | Patent/Trademark Report to Commissioner (1) Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,592,706 B2. (apk) |
| Dec 1, 2021 | 2 | Magistrate Consent Forms (3) Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Dec 1, 2021 | 1 | Complaint (Civil Cover Sheet) (2) Docket Text: COMPLAINT filed against Kea Cloud, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3753938.) - filed by Valyant AI Inc.. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(apk) |
| Dec 1, 2021 | 1 | Complaint (Exhibit A) (19) Docket Text: COMPLAINT filed against Kea Cloud, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3753938.) - filed by Valyant AI Inc.. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(apk) |
| Dec 1, 2021 | 1 | Complaint (Main Document) (12) Docket Text: COMPLAINT filed against Kea Cloud, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3753938.) - filed by Valyant AI Inc.. (Attachments: # (1) Exhibit A, # (2) Civil Cover Sheet)(apk) |
| Dec 1, 2021 | N/A | No Summons Issued (0) Docket Text: No Summons Issued. (apk) |
| Dec 1, 2021 | 1 | Complaint* (1) |
