2:22-CV-00344
03/23/2022
Pending - Other Pending
Intellectual Property - Patent
Barbara J. Rothstein
ThroughPuter Inc
Microsoft Corporation
W Cook Alciati
Attorney at GARDELLA GRACE PA
80 M St Se, 1St Fl
Washington, DC 20003
Chad Ziegler
Attorney at GARDELLA GRACE PA
80 M St Se, 1St Fl
Washington, DC 20003
Michael Dorfman
Attorney at GARDELLA GRACE PA
80 M St Se, 1St Fl
Washington, DC 20003
Lawrence D Graham
Attorney at LOWE GRAHAM JONES PLLC
1325 Fourth Ave, Ste 1130
Seattle, WA 98101
Matthew Colvin
Attorney at FISH & RICHARDSON PC (DALLAS)
1717 Main St Ste 5000
Dallas, TX 75201
PRO HAC VICE PENDING
909 E Main St, Suite 1200
Richmond, VA 23219-3095
Ahmed J Davis
Attorney at FISH & RICHARDSON PC (DC)
1000 Main Ave Sw
Washington, DC 20024
Excylyn J Hardin-Smith
Attorney at FISH & RICHARDSON PC (NY)
7 Times Sq, 20Th Fl
New York, NY 10036
John S Goetz
Attorney at FISH & RICHARDSON PC (NY)
7 Times Sq, 20Th Fl
New York, NY 10036
Nichole Buck Vanderslice
(#102) ORDER STAYING CASE Pending Inter Partes Review. Having reconsidered its 6/1/2022 Order, the Court GRANTS Microsoft's motion (Dkt. #82 ) and stays this case pending resolution of Microsoft's petitions for inter partes review. The Court further ORDERS that the parties shall file a joint status report regarding the IPR proceedings no more than 10 days after the conclusion of those proceedings. Signed by Judge Barbara J. Rothstein. (SB) (Entered: 08/18/2022)
(#101) NOTICE of Appearance by attorney Patricia A Eakes on behalf of Defendant Microsoft Corporation. (Eakes, Patricia) (Entered: 08/05/2022)
(#100) STIPULATION AND ORDER re Parties' #99 MOTION to Modify Order Setting Trial Dates and Related Dates. Jury Trial (5 days) is set for 11/13/2023 before Judge Barbara J. Rothstein. Disclosure of Asserted Claims due 7/20/22. Joinder of Parties due by 8/4/2022, Non-infringement and invalidity contentions due 9/21/2022, Proposed terms and claim elements for construction due 10/11/2022, Proposed terms and Claim Elements and Preliminary Claim Chart due 11/8/2022, Joint Claim Construction due 12/6/2022, Construction Expert disclosures due 12/16/2022, Claim Construction Discovery to be completed by 1/10/2023, Opening Claim Construction briefs due 1/13/2023, Responsive Claim Construction briefs due 2/3/2023, Amended Pleadings due by 8/18/2022, Claim Construction Hearing set for 3/3/2023 before Judge Barbara J. Rothstein, Fact Discovery to be completed by 3/23/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/20/2023, Responsive Expert Disclosures due by 5/18/2023, Expert Discovery to be completed by 6/1/2023, Dispositive and Daubert motions due by 6/22/2023, Motions in Limine due by 10/6/2023, Joint Pretrial Statement due by 10/20/2023, Pretrial Conference set for 10/30/2023 before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (MW) (Entered: 07/01/2022)
(#99) Joint Stipulated MOTION to Modify Order Setting Trial Dates and Related Dates and Proposed Order, filed by Plaintiff ThroughPuter Inc. (Alciati, W) (Entered: 06/28/2022)
(#98) Stipulated MOTION Agreement Regarding Discovery of Electronically Stored Information And Proposed Order, filed by Plaintiff ThroughPuter Inc. (Alciati, W) (Entered: 06/24/2022)
Proposed Order
Exhibit B
Exhibit A
Main Document
Exhibit 12
Exhibit 11
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
Civil Cover Sheet
Main Document
Docket(#102) ORDER STAYING CASE Pending Inter Partes Review. Having reconsidered its 6/1/2022 Order, the Court GRANTS Microsoft's motion (Dkt. #82 ) and stays this case pending resolution of Microsoft's petitions for inter partes review. The Court further ORDERS that the parties shall file a joint status report regarding the IPR proceedings no more than 10 days after the conclusion of those proceedings. Signed by Judge Barbara J. Rothstein. (SB) (Entered: 08/18/2022)
[-] Read LessDocketAttorney Per D. Jansen added for Microsoft Corporation; per #101 Notice of Appearance. (MW) (Entered: 08/08/2022)
[-] Read LessDocket(#101) NOTICE of Appearance by attorney Patricia A Eakes on behalf of Defendant Microsoft Corporation. (Eakes, Patricia) (Entered: 08/05/2022)
[-] Read LessDocket(#100) STIPULATION AND ORDER re Parties' #99 MOTION to Modify Order Setting Trial Dates and Related Dates. Jury Trial (5 days) is set for 11/13/2023 before Judge Barbara J. Rothstein. Disclosure of Asserted Claims due 7/20/22. Joinder of Parties due by 8/4/2022, Non-infringement and invalidity contentions due 9/21/2022, Proposed terms and claim elements for construction due 10/11/2022, Proposed terms and Claim Elements and Preliminary Claim Chart due 11/8/2022, Joint Claim Construction due 12/6/2022, Construction Expert disclosures due 12/16/2022, Claim Construction Discovery to be completed by 1/10/2023, Opening Claim Construction briefs due 1/13/2023, Responsive Claim Construction briefs due 2/3/2023, Amended Pleadings due by 8/18/2022, Claim Construction Hearing set for 3/3/2023 before Judge Barbara J. Rothstein, Fact Discovery to be completed by 3/23/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/20/2023, Responsive Expert Disclosures due by 5/18/2023, Expert Discovery to be completed by 6/1/2023, Dispositive and Daubert motions due by 6/22/2023, Motions in Limine due by 10/6/2023, Joint Pretrial Statement due by 10/20/2023, Pretrial Conference set for 10/30/2023 before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (MW) (Entered: 07/01/2022)
[-] Read LessDocket(#99) Joint Stipulated MOTION to Modify Order Setting Trial Dates and Related Dates and Proposed Order, filed by Plaintiff ThroughPuter Inc. (Alciati, W) (Entered: 06/28/2022)
[-] Read LessDocket(#98) Stipulated MOTION Agreement Regarding Discovery of Electronically Stored Information And Proposed Order, filed by Plaintiff ThroughPuter Inc. (Alciati, W) (Entered: 06/24/2022)
[-] Read LessDocket(#97) ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 5 days. Jury Trial is set for 8/14/2023 at 09:30 AM before Judge Barbara J. Rothstein. Statement of preliminary invalidity contentions due 7/7/2022, Non-infringement and invalidity contentions due 8/8/2022, Reports from expert witnesses regarding Markman issues due 8/8/2022, Rebuttal expert reports regarding Markman issues due 8/26/2022, Proposed terms and claim elements for construction due 8/26/2022, Proposed terms and Claim Elements and Preliminary Claim Chart due 9/26/2022, Joint claim chart due 11/9/2022, Opening claim construction briefs due 1/3/2023, Responsive claim construction briefs due 1/18/2023, Markman Hearing set for 3/3/2023 at 10:30 AM before Judge Barbara J. Rothstein, Joinder of Parties due by 7/22/2022, Amended Pleadings due by 8/1/2022, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/17/2023, Discovery completed by 2/15/2023, Dispositive motions due by 3/17/2023, Motions in Limine due by 7/10/2023, Joint Pretrial Statement due by 7/17/2023, Pretrial Conference set for 7/31/2023 at 10:30 AM before Judge Barbara J. Rothstein. Signed by Judge Barbara J. Rothstein. (GC) (Entered: 06/22/2022)
[-] Read LessDocket(#96) ANSWER to #92 Amended Complaint,,,, Microsoft Corporation's Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Microsoft Corporation.(Chen, Betty) (Entered: 06/17/2022)
[-] Read LessDocket(#95) JOINT STATUS REPORT signed by all parties. Estimated Trial Days: five. (Alciati, W) (Entered: 06/15/2022)
[-] Read LessDocket(#94) MINUTE ORDER: The Court approves the case schedule proposed by the parties (Dkt. #93 -1). Joint Status Report due by 6/15/2022, Disclosure of Asserted Claims due by 7/20/2022, Non-infringement and Invalidity Contentions due by 9/21/2022, Proposed Terms of Construction due 10/11/2022, Preliminary Claim Construction due 11/14/2022, Joint Claim Construction and Construction Expert Disclosures due 12/21/2022, Claim Construction Discovery to be completed by 2/8/2023, Opening Claim Construction Briefs due 2/15/2023, Responsive Claim Construction Briefs due 3/15/2023, Amended Pleadings due by 3/15/2023. (see order for further specifics) Authorized by Judge Barbara J. Rothstein. (MW) (Entered: 06/09/2022)
[-] Read LessDocket(#10) Proposed Summons re #1 Complaint to Microsoft Corporation by ThroughPuter, Inc.. (Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#9) Financial Interest Disclosure Statement (Local Rule 7.1) by ThroughPuter, Inc.. (Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#8) NOTICE of Appearance by Wayne Michael Helge on behalf of ThroughPuter, Inc. (Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#7) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (28-33)) (Attachments: #1 Exhibit 28, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31, #5 Exhibit 32, #6 Exhibit 33)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#6) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (27-1 to 27-3)) (Attachments: #1 Exhibit 27-1, #2 Exhibit 27-2, #3 Exhibit 27-3)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#5) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (14-26)) (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 26)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#4) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (13-4 to 13-6)) (Attachments: #1 Exhibit 13-4, #2 Exhibit 13-5, #3 Exhibit 13-6)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#3) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (13-1 to 13-3)) (Attachments: #1 Exhibit 13-1, #2 Exhibit 13-2, #3 Exhibit 13-3)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#2) NOTICE by ThroughPuter, Inc. re #1 Complaint (Notice of Filing of Exhibits (1-12)) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Helge, Wayne) [Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
[-] Read LessDocket(#1) Complaint For Patent Infringement ( Filing fee $ 402, receipt number 0422-7699862.), filed by ThroughPuter, Inc.. (Attachments: #1 Civil Cover Sheet)(Helge, Wayne) (Main Document 1 replaced on 4/1/2021) (jsmi, ).[Transferred from vaed on 3/24/2022.] (Entered: 03/31/2021)
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