AIP Acquisition LLC v. Level 3 Communications LLC

1:12-cv-00617

Overview

Case Number 1:12-cv-00617

Filing Date 2012-05-17

Status Terminated

Termination Date 2018-10-16

Court District Court, D. Delaware (ded)

Presiding Judge Maryellen Noreika

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Plaintiff

AIP Acquisition LLC

Represented By

8 Attorneys Listed

Maria Granovsky

Radulescu LLP

Tel: +1 (703) 795-0529

Empire State Building, Suite 6910

Richard K. Herrmann

ADDRESS EXPIRED / UNKNOWN

Tel: +1 (302) 888-6800

ADDRESS EXPIRED / UNKNOWN, (302) 888-6800

Francisco A. Villegas

Email: fvillegas@cohengresser.com

Joyce E. Kung

UNDELIVERABLE EMAIL 9/25/2018

Karen H. Bromberg

Email: kbromberg@cohengresser.com

Kenneth Laurence Dorsney

Morris James LLP

Tel: +1 (302) 888-6855

Fax: +1 (302) 571-1750

500 Delaware Avenue, Suite 1500

Mary Matterer

ADDRESS EXPIRED / UNKNOWN

Tel: +1 (302) 888-6800

Fax: +1 (302) 571-1750

ADDRESS EXPIRED / UNKNOWN, (302) 888-6800

Damir Cefo

UNDELIVERABLE EMAIL 9/25/2018

Level 3 Communications, LLC

Represented By

8 Attorneys Listed

Andrew Russell

Shaw Keller LLP

Tel: +1 (302) 298-0704

1105 North Market St., 12th Floor, I. M. Pei Building

David M. Fry

JPMorgan Chase & Co.

Tel: +1 (302) 455-3374

JPMorgan Chase & Co., 4041 Ogletown Stanton Road

Stephanie E. O'Byrne

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6067

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

R. Laurence Macon

UNDELIVERABLE EMAIL 10/15/2018

John W. Shaw

Shaw Keller LLP

Tel: +1 (302) 298-0701

I.M. Pei Building, 1105 North Market Street

Manoj S. Gandhi

UNDELIVERABLE EMAIL 10/17/2018

Iftikhar Ahmed

UNDELIVERABLE EMAIL 3/21/2016

David R. Clonts

Email: dclonts@kelleydrye.com

Defendant

Level 3 Communications, Inc.

Represented By

2 Attorneys Listed

David M. Fry

JPMorgan Chase & Co.

Tel: +1 (302) 455-3374

JPMorgan Chase & Co., 4041 Ogletown Stanton Road

John W. Shaw

Shaw Keller LLP

Tel: +1 (302) 298-0701

I.M. Pei Building, 1105 North Market Street

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Maryellen Noreika

Patents Involved

5 Patents

There are 5 patents involved in this case.

Application Number	Patent Number	External Links
-	US5606602	Espacenet Google Patents
-	US5917897	Espacenet Google Patents
-	US6757275	Espacenet Google Patents
-	US7724879	Espacenet Google Patents
-	US7486662	Espacenet Google Patents

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Level 3 Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-107895.) - filed by AIP Acquisition LLC. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-E, # 3 Civil Cover Sheet)(els) (Entered: 05/18/2012)

2012-05-17

Download

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Level 3 Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-107895.) - filed by AIP Acquisition LLC. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-E, # 3 Civil Cover Sheet)(els) (Entered: 05/18/2012)

2012-05-17

View

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Level 3 Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-107895.) - filed by AIP Acquisition LLC. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-E, # 3 Civil Cover Sheet)(els) (Entered: 05/18/2012)

2012-05-17

View

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Level 3 Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-107895.) - filed by AIP Acquisition LLC. (Attachments: # 1 Exhibit A-B, # 2 Exhibit C-E, # 3 Civil Cover Sheet)(els) (Entered: 05/18/2012)

2012-05-17

View

AIP Acquisition LLC v. Level 3 Communications LLC

Overview

Parties

Plaintiff

AIP Acquisition LLC Follow

Represented By

Level 3 Communications, LLC Follow

Represented By

Defendant

Level 3 Communications, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (els) (Entered: 05/18/2012)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,606,602; 5,917,897; 6,757,275 B2; 7,724,879 B2; 7,486,662 B2;. (els) (Entered: 05/18/2012)

Disclosure Statement pursuant to Rule 7.1 filed by AIP Acquisition LLC. (els) (Entered: 05/18/2012)

SUMMONS Returned Executed by AIP Acquisition LLC. Level 3 Communications, Inc. served on 5/21/2012, answer due 6/11/2012. (Herrmann, Richard) (Entered: 05/21/2012)

STIPULATION TO EXTEND TIME for defendant to move, answer or otherwise respond to the Complaint to July 27, 2012 - filed by AIP Acquisition LLC, Level 3 Communications, Inc.. (Herrmann, Richard) (Entered: 06/12/2012)

MOTION for Pro Hac Vice Appearance of Attorney Karen H. Bromberg, Attorney Damir Cefo, Attorney Joyce E. Kung, and Attorney Francisco A. Villegas - filed by AIP Acquisition LLC. (Herrmann, Richard) (Entered: 06/12/2012)

Joint STIPULATION TO EXTEND TIME [and proposed Order] to move, answer, or otherwise respond to the complaint to August 27, 2012 - filed by Level 3 Communications, Inc.. (Fry, David) (Entered: 07/24/2012)

Joint STIPULATION To Substitute Party by AIP Acquisition LLC, Level 3 Communications, Inc., Level 3 Communications, LLC. (Fry, David) (Entered: 08/27/2012)

ANSWER to 1 Complaint, with JURY DEMAND Answer And Affirmative Defenses by Level 3 Communications, LLC.(Fry, David) (Entered: 08/27/2012)

MOTION for Pro Hac Vice Appearance of Attorney David R. Clonts, Manoj S. Gandhi, Ifti Ahmed, and R. Laurence Macon - filed by Level 3 Communications, LLC. (Fry, David) (Entered: 08/28/2012)

SO ORDERED, re 9 Stipulation filed by Level 3 Communications, LLC, AIP Acquisition LLC, Level 3 Communications, Inc. Signed by Chief Judge Gregory M. Sleet on 9/6/2012. (asw) (Entered: 09/06/2012)

Disclosure Statement pursuant to Rule 7.1 filed by Level 3 Communications, LLC identifying Other Affiliate Level 3 Financing, Inc. for Level 3 Communications, LLC.. (Fry, David) (Entered: 09/27/2012)

NOTICE OF SERVICE of (1) Defendant Level 3 Communications, LLC's Initial Disclosures (2) Defendant Level 3 Communications, LLC's Initial Disclosures Pursuant to Section 3 of the Default Standard for Discovery by Level 3 Communications, LLC.(Shaw, John) (Entered: 02/14/2013)

NOTICE OF SERVICE of (i) Plaintiff's Rule 26 Initial Disclosures; and (ii) Plaintiff's Paragraph 3 and 4(a) Disclosures by AIP Acquisition LLC.(Matterer, Mary) (Entered: 02/14/2013)

ORDER Setting Teleconference: A Telephone Conference is set for 3/18/2013 at 11:15 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 2/15/2013. (dlk) (Entered: 02/15/2013)

Joint STIPULATION TO EXTEND TIME (and proposed order) to file a joint proposed protective order to March 1, 2013 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Russell, Andrew) (Entered: 02/21/2013)

Joint STIPULATION TO EXTEND TIME (and proposed order) to file a joint proposed protective order to March 8, 2013 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Russell, Andrew) (Entered: 03/01/2013)

PROPOSED ORDER Proposed Protective Order by AIP Acquisition LLC, Level 3 Communications, Inc., Level 3 Communications, LLC. (Herrmann, Richard) (Entered: 03/08/2013)

NOTICE OF SERVICE of Plaintiff AIP Acquisition LLC's Paragraph 4(c) Disclosures by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 05/13/2013)

STIPULATION of Dismissal (Stipulation and Proposed Order of Partial Dismissal) by AIP Acquisition LLC, Level 3 Communications, LLC. (Russell, Andrew) (Entered: 05/29/2013)

SO ORDERED, re 22 Stipulation of Partial Dismissal filed by Level 3 Communications, LLC, AIP Acquisition LLC. Signed by Chief Judge Gregory M. Sleet on 6/3/13. (mmm) (Entered: 06/03/2013)

NOTICE OF SERVICE of Defendant Level 3 Communications, LLC's Initial Invalidity Contentions by Level 3 Communications, LLC.(Russell, Andrew) (Entered: 07/01/2013)

MOTION to Stay Pending Inter Partes Review - filed by Level 3 Communications, LLC. (Attachments: # 1 Text of Proposed Order)(O'Byrne, Stephanie) (Entered: 07/24/2013)

OPENING BRIEF in Support re 25 MOTION to Stay Pending Inter Partes Review filed by Level 3 Communications, LLC.Answering Brief/Response due date per Local Rules is 8/12/2013. (O'Byrne, Stephanie) (Entered: 07/24/2013)

NOTICE OF SERVICE of AIP Acquisition LLC's First Set of Requests for Production to Level 3 Communications, LLC (Nos. 1-33) by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 08/01/2013)

ANSWERING BRIEF in Opposition re 25 MOTION to Stay Pending Inter Partes Review filed by AIP Acquisition LLC.Reply Brief due date per Local Rules is 8/22/2013. (Dorsney, Kenneth) (Entered: 08/12/2013)

DECLARATION re 29 Answering Brief in Opposition Declaration of Francisco Villegas in support of AIP's Opposition to Level 3's Motion to Stay by AIP Acquisition LLC. (Dorsney, Kenneth) (Entered: 08/12/2013)

REPLY BRIEF re 25 MOTION to Stay Pending Inter Partes Review filed by Level 3 Communications, LLC. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(Fry, David) (Entered: 08/22/2013)

Letter to The Honorable Gregory M. Sleet from John W. Shaw regarding Request for Oral Argument - re 25 MOTION to Stay Pending Inter Partes Review. (Shaw, John) (Entered: 08/29/2013)

NOTICE OF SERVICE of Identification of Claim Terms by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 08/30/2013)

NOTICE OF SERVICE of (1) Level 3 Communications, LLC's Responses and Objections to Plaintiff AIP Acquisition LLC's First Set of Requests for Production of Documents and Things (Nos. 1-33) by Level 3 Communications, LLC.(Fry, David) (Entered: 09/03/2013)

CLAIM Construction Chart by AIP Acquisition LLC, Level 3 Communications, LLC. (Dorsney, Kenneth) (Entered: 09/27/2013)

NOTICE OF SERVICE of Plaintiff AIP Acquisition LLC's Second Set of Requests for Production to Level 3 (Nos. 34-55) by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 10/17/2013)

MOTION for Pro Hac Vice Appearance of Attorney Christopher M. P. Jackson - filed by AIP Acquisition LLC. (Dorsney, Kenneth) (Entered: 10/31/2013)

NOTICE of SUBSEQUENT AUTHORITY PURSUANT TO LOCAL RULE 7.1.2(B) by Level 3 Communications, LLC (Russell, Andrew) (Entered: 11/04/2013)

NOTICE OF SERVICE of Third Set of Requests to Defendant Level 3 Communications, LLC for Production of Documents and Things (Nos. 56-57) by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 11/13/2013)

STIPULATION TO EXTEND TIME Submit Opening Claim Construction Briefs to November 19, 2013 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Russell, Andrew) (Entered: 11/15/2013)

CLAIM CONSTRUCTION OPENING BRIEF as to U.S. Patent 7,724,879 filed by Level 3 Communications, LLC. (Farnan, Kelly) (Entered: 11/19/2013)

CLAIM CONSTRUCTION OPENING BRIEF filed by AIP Acquisition LLC. (Dorsney, Kenneth) (Entered: 11/19/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

MOTION to Amend/Correct 1 Complaint, - filed by AIP Acquisition LLC. (Attachments: # 1 Exh 1, # 2 Exhs A - C to Exh 1, # 3 Exhs D - F to Exh 1, # 4 Exhs G - H to Exh 1, # 5 Exh 2)(Dorsney, Kenneth) (Entered: 12/01/2013)

NOTICE OF SERVICE of Responses and Objections to First Set of Requests for Production (Nos. 1-75) by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 12/03/2013)

NOTICE OF SERVICE of AIP's Fourth Set of Requests for Production to Level 3 (Nos. 58-62) by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 12/09/2013)

CLAIM CONSTRUCTION ANSWERING BRIEF filed by AIP Acquisition LLC. (Dorsney, Kenneth) (Entered: 12/11/2013)

CLAIM CONSTRUCTION ANSWERING BRIEF re 44 Claim Construction Opening Brief Defendants' Responsive Claim Construction Brief as to U.S. Patent 7,724,879 filed by Level 3 Communications, LLC. (Farnan, Kelly) (Entered: 12/12/2013)

Joint STIPULATION TO EXTEND TIME (and proposed order) re: deadline for filing the Joint Appendix to December 16, 2013 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Russell, Andrew) (Entered: 12/12/2013)

[SEALED] ANSWERING BRIEF in Opposition re 45 MOTION to Amend/Correct 1 Complaint, (with exhibits A through E) filed by Level 3 Communications, LLC.Reply Brief due date per Local Rules is 12/30/2013. (Castellano, Jeffrey) (Entered: 12/19/2013)

STIPULATION TO EXTEND TIME for Plaintiff to file its Reply Brief in support of its Motion for Leave to file First Amended Complaint to January 10, 2014 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Dorsney, Kenneth) (Entered: 12/23/2013)

REDACTED VERSION of 54 Answering Brief in Opposition, by Level 3 Communications, LLC. (Russell, Andrew) (Entered: 12/23/2013)

NOTICE OF SERVICE of Fifth Set of Requests for Production (Nos. 63-64) filed by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 12/26/2013)

NOTICE to Take Deposition of Rich Terpstra on January 13, 2014 filed by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 12/26/2013)

NOTICE OF SERVICE of Plaintiff AIP Acquisition LLC's First Set of Interrogatories (Nos. 1-3) to Defendant Level 3 Communications, LLC filed by AIP Acquisition LLC.(Dorsney, Kenneth) (Entered: 12/26/2013)

ORDER. The Cable defendants shall notify the court by January 6, 2014, if they stipulate to a limited estoppel as therein set forth. Signed by Chief Judge Gregory M. Sleet on 12/27/13. Associated Cases: 1:12-cv-00617-GMS et al.(mmm) (Entered: 12/27/2013)

STIPULATION TO EXTEND TIME for Plaintiff AIP Acquisition LLC to file its Reply Brief in support of its Motion for Leave to file First Amended Complaint to January 17, 2014 - filed by AIP Acquisition LLC, Level 3 Communications, LLC. (Dorsney, Kenneth) (Entered: 01/02/2014)

ORDER granting (25) Motion to Stay in case 1:12-cv-00617-GMS. The associated cases are STAYED pending resolution of the inter partes review of U.S. Patent No. 7,724,879. Signed by Chief Judge Gregory M. Sleet on 1/9/14. Associated Cases: 1:12-cv-00617-GMS et al.(mmm) (Entered: 01/09/2014)

NOTICE of Withdrawal of Andrew E. Russell by Level 3 Communications, LLC (Shaw, John) (Entered: 09/02/2014)

NOTICE requesting Clerk to remove Maria Granovsky as co-counsel.. (Dorsney, Kenneth) (Entered: 11/12/2014)

NOTICE requesting Clerk to remove Stephanie E. O'Byrne as co-counsel.. (Shaw, John) (Entered: 01/09/2015)

Case reassigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (jcs)

ORAL ORDER: IT IS HEREBY ORDERED that the parties shall file a status letter on or before October 16, 2018 (Status Report due by 10/16/2018). ORDERED by Judge Maryellen Noreika on 10/9/2018. (dlw) (Entered: 10/09/2018)

STIPULATION of Dismissal by AIP Acquisition LLC. (Dorsney, Kenneth) (Entered: 10/15/2018)

SO ORDERED re 68 Stipulation of Dismissal ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 10/16/2018. (dlw) (Entered: 10/16/2018)

AIP Acquisition LLC

Level 3 Communications, LLC

Level 3 Communications, Inc.