Acceleron, LLC v. Dell, Inc.

22-1620

Overview

Case Number 22-1620

Filing Date 2022-04-11

Status Terminated

Termination Date 2023-07-13

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

DELL, INC.

Represented By

7 Attorneys Listed

David P. Yin

Wilmer Cutler Pickering Hale and Dorr LLP

2100 Pennsylvania Avenue, NW, Washington, DC 20037

Paula D. Heyman

McDermott Will & Emery LLP

Suite 2200, 300 Colorado Street

Mark Christopher Fleming

Wilmer Cutler Pickering Hale and Dorr LLP

60 State Street, Boston, MA 02109

Lauren J. Dreyer, -

Baker Botts LLP

700 K Street, NW, Washington, DC 20001

Lori Ding, Attorney

Baker Botts LLP

910 Louisiana Street, Houston, TX 77002

William A. Conlon, -

Wilmer Cutler Pickering Hale and Dorr LLP

60 State Street, Boston, MA 02109

Kevin J. Meek, Attorney

McDermott Will & Emery LLP

Suite 2200, 303 Colorado Street

Plaintiff - Appellant

ACCELERON, LLC

Represented By

4 Attorneys Listed

Paul Joseph Spina, IV, Attorney

Email: p.spina@thip.law

Thomas Horstemeyer, LLP, Suite 1600e

Eric G. Maurer

Perilla Knox & Hildebrandt LLP

Suite 350, 5871 Glenridge Drive

Charles M. Landrum, III, -

Email: c.landrum@thip.law

Thomas Horstemeyer, LLP, Suite 1600e

Norman Andrew Crain, Attorney

Email: a.crain@thip.law

Thomas Horstemeyer, LLP, Suite 1600e

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 04/07/2022. [842433]Entry of Appearance is due on 04/25/2022. Certificate of Interest is due on 04/25/2022. Docketing Statement is due on 04/25/2022. Appellant's brief is due on 06/10/2022. [ALK] [Entered: 04/11/2022 03:44 PM]

2022-04-11

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Entry of appearance for N. Andrew Crain; Robert D. Gravois as counsel for Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845296] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:54 PM]

2022-04-25

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Certificate of Interest for Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845298] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:56 PM]

2022-04-25

View

Docketing Statement for the Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845300] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:59 PM]

2022-04-25

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Acceleron, LLC v. Dell, Inc.

Overview

Parties

Defendant - Appellee

DELL, INC. Follow

Represented By

Plaintiff - Appellant

ACCELERON, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 04/07/2022. [842433]Entry of Appearance is due on 04/25/2022. Certificate of Interest is due on 04/25/2022. Docketing Statement is due on 04/25/2022. Appellant's brief is due on 06/10/2022. [ALK] [Entered: 04/11/2022 03:44 PM]

Entry of appearance for N. Andrew Crain; Robert D. Gravois as counsel for Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845296] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:54 PM]

Certificate of Interest for Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845298] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:56 PM]

Docketing Statement for the Appellant Acceleron, LLC. Service: 04/25/2022 by email. [845300] [22-1620] [Norman Crain] [Entered: 04/25/2022 05:59 PM]

Entry of appearance for Kevin Meek; Paula Heyman; Lauren Dreyer; Lori Bing as counsel for Appellee Dell, Inc.. Service: 04/25/2022 by email. [845307] [22-1620] [Kevin Meek] [Entered: 04/25/2022 06:30 PM]

Certificate of Interest for Appellee Dell, Inc.. Service: 04/25/2022 by email. [845309] [22-1620] [Kevin Meek] [Entered: 04/25/2022 06:33 PM]

Docketing Statement for the Appellee Dell, Inc.. Service: 04/25/2022 by email. [845310] [22-1620] [Kevin Meek] [Entered: 04/25/2022 06:34 PM]

MOTION of Appellant Acceleron, LLC to extend the time to file brief. Service: 05/18/2022 by email. [850403] [22-1620] [Norman Crain] [Entered: 05/18/2022 10:35 AM]

MOTION of Appellant Acceleron, LLC to extend the time to 07/29/2022 to file brief. Service: 06/23/2022 by email. [857029] [22-1620] [Norman Crain] [Entered: 06/23/2022 02:31 PM]

Amended Entry of Appearance for Kevin Meek; Paula Heyman; Lauren Dreyer as counsel for Appellee Dell, Inc.. Service: 07/25/2022 by email. [862785] [22-1620] [Kevin Meek] [Entered: 07/25/2022 10:20 AM]

CONFIDENTIAL OPENING BRIEF FILED by Appellant Acceleron, LLC. Service: 07/29/2022 by email. [863929] [22-1620] This document is non-compliant. See Doc No. [16]. [Dan Gresham] [Entered: 07/29/2022 04:54 PM]

OPENING BRIEF FILED by Appellant Acceleron, LLC. Service: 07/29/2022 by email. [863930] [22-1620] This document is non-compliant. See Doc No. [16]. [Dan Gresham] [Entered: 07/29/2022 04:57 PM]

Notice of Correction to Doc No. [15], [14] for Appellant Acceleron, LLC. Service: 08/10/2022 by email. [865990] [22-1620] [Norman Crain] [Entered: 08/10/2022 03:19 PM]

MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Acceleron, LLC. Service: 08/10/2022 by email. [865997] --[Edited 08/12/2022 by ALK - compliance review complete] [Norman Crain] [Entered: 08/10/2022 03:29 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellant Acceleron, LLC. Service: 08/10/2022 by email. [865998]--[Edited 08/12/2022 by ALK - compliance review complete] [Norman Crain] [Entered: 08/10/2022 03:30 PM]

Amended Entry of Appearance for Kevin Meek; Paula Heyman; Lauren Dreyer as counsel for Appellee Dell, Inc.. Service: 08/25/2022 by email. [868364] [22-1620] This document is non-compliant. See Doc No. [23]. [Kevin Meek] [Entered: 08/25/2022 06:52 PM]

Amended Certificate of Interest for Appellee Dell, Inc.. Service: 08/25/2022 by email. [868365] [22-1620] [Kevin Meek] [Entered: 08/25/2022 06:54 PM]

MOTION of Appellee Dell, Inc. to extend the time to 10/24/2022 to file brief. Service: 08/25/2022 by email. [868366] [22-1620]--[Edited 08/30/2022 by EKD - to add filer] [Kevin Meek] [Entered: 08/25/2022 07:01 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellee Dell, Inc., Entry of Appearance [20], is not in compliance with the rules of this court (see attached). Compliant document due on 09/02/2022. Service as of this date by the Clerk of Court. [868520] [ALK] [Entered: 08/26/2022 04:14 PM]

Amended Entry of Appearance for Kevin J. Meek; Paula D. Heyman; Lauren J. Dreyer as counsel for Appellee Dell, Inc.. Service: 08/30/2022 by email. [868920] [22-1620] [Kevin Meek] [Entered: 08/30/2022 12:42 PM]

Notice from Appellant Acceleron, LLC Notice of Withdrawal of Non-Principal Counsel Robert D. Gravois for Appellant Acceleron LLC. Service: 09/13/2022 by email. [871535] [22-1620] [Norman Crain] [Entered: 09/13/2022 05:15 PM]

Entry of appearance for Mark C. Fleming; William A. Conlon; David P. Yin as counsel for Appellee Dell, Inc.. Service: 10/24/2022 by email. [879978] [22-1620] [Mark Fleming] [Entered: 10/24/2022 05:23 PM]

MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Appellee Dell, Inc. Service: 10/24/2022 by email. [879979]--[Edited 10/28/2022 by ALK - compliance review complete] [Mark Fleming] [Entered: 10/24/2022 05:24 PM]

Entry of Appearance for Eric G. Maurer as counsel for Appellant Acceleron, LLC. Service: 11/14/2022 by email. [883912] [22-1620] [Eric Maurer] [Entered: 11/14/2022 03:48 PM]

MODIFIED ENTRY: CONFIDENTIAL REPLY BRIEF FILED by Appellant Acceleron, LLC. Service: 11/14/2022 by email. [883941]--[Edited 11/28/2022 by ALK - compliance review complete] [Norman Crain] [Entered: 11/14/2022 04:24 PM]

Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Acceleron, LLC. Service: 11/21/2022 by email. [885524] [22-1620] [Norman Crain] [Entered: 11/21/2022 02:23 PM]

MODIFIED ENTRY: APPENDIX FILED by Appellant Acceleron, LLC. Service: 11/21/2022 by email. [885667] --[Edited 12/09/2022 by ALK - compliance review complete] [Norman Crain] [Entered: 11/21/2022 05:26 PM]

MODIFIED ENTRY: CONFIDENTIAL APPENDIX FILED by Appellant Acceleron, LLC. Service: 11/21/2022 by email. [885672]--[Edited 12/09/2022 by ALK - compliance review complete] [Norman Crain] [Entered: 11/21/2022 05:36 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee Dell, Inc.. Service: 11/21/2022 by email. [885678] [22-1620] [Mark Fleming] [Entered: 11/21/2022 06:16 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [889686] [ALK] [Entered: 12/09/2022 02:24 PM]

1 paper copies of Doc. No. [28] received from Appellee Dell, Inc.. [890546] [VDW] [Entered: 12/14/2022 09:59 AM]

Notice from Appellee Dell, Inc. regarding conflicts with oral argument. Service: 12/15/2022 by email. [890775] [22-1620] [Mark Fleming] [Entered: 12/15/2022 09:08 AM]

The following conflict dates submitted by Mark Christopher Fleming for Dell, Inc. have been accepted by the court: 04/03/2023, 04/04/2023, 04/05/2023, 04/06/2023, 04/07/2023, 05/01/2023, 05/02/2023, 05/03/2023, 05/04/2023, 05/05/2023. [890921] [MJL] [Entered: 12/15/2022 02:41 PM]

5 paper copies of Doc. No. [28] received from Appellee Dell, Inc. [891022] [VDW] [Entered: 12/16/2022 08:26 AM]

6 paper copies of Doc. No. [35], [32], [19] received from Appellant Acceleron, LLC. [891031] [VDW] [Entered: 12/16/2022 09:06 AM]

Notice from Appellant Acceleron, LLC regarding conflicts with oral argument. Service: 12/16/2022 by email. [891161] [22-1620] [Norman Crain] [Entered: 12/16/2022 02:16 PM]

Clerk's Note to the File: The court has updated its session calendar for July 2023. Planned arguing counsel should review the revised calendar, available here, to determine whether to file an amended Response to Notice to Advise of Scheduling Conflicts. [892304] [CAB] [Entered: 12/21/2022 09:25 PM]

Amended Entry of Appearance for David P. Yin as counsel for Appellee Dell, Inc.. Service: 01/24/2023 by email. [899054] [22-1620] [David Yin] [Entered: 01/24/2023 12:02 PM]

Response to notice of oral argument from Appellant Acceleron, LLC. Service: 06/02/2023 by email. [927538] [22-1620] [Norman Crain] [Entered: 06/02/2023 04:27 PM]

Response to notice of oral argument from Appellee Dell, Inc.. Service: 06/05/2023 by email. [927680] [22-1620] [Mark Fleming] [Entered: 06/05/2023 12:29 PM]

MOTION of Appellant Acceleron, LLC for leave to file entry of appearance for Charles M. Landrum III; Paul Joseph Spina IV. Service: 06/07/2023 by email. [928411] [22-1620] [Norman Crain] [Entered: 06/07/2023 12:49 PM]

ORDER filed granting motion for leave for Charles M. Landrum III; Paul Joseph Spina IV to appear as counsel [51] filed by Appellant Acceleron, LLC. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [928524] [MVH] [Entered: 06/07/2023 04:29 PM]

Entry of Appearance for Charles M. Landrum, III as counsel for Appellant Acceleron, LLC. Service: 06/07/2023 by email. [928527] [MVH] [Entered: 06/07/2023 04:31 PM]

Entry of Appearance for Paul Joseph Spina, IV as counsel for Appellant Acceleron, LLC. Service: 06/07/2023 by email. [928528] [MVH] [Entered: 06/07/2023 04:33 PM]

Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Clevenger, Circuit Judge and Chen, Circuit Judge.Arguing counsel: Norman Andrew Crain for Acceleron, LLC and Mark Christopher Fleming for Dell, Inc.Oral Argument Audio available here. [935883] [MJL] [Entered: 07/12/2023 04:32 PM]

Mandate issued to the United States District Court for the Northern District of Georgia. Service as of this date by the Clerk of Court. [944489] [MVH] [Entered: 08/21/2023 11:21 AM]

Track Case Updates

DELL, INC.

ACCELERON, LLC