Akoloutheo, LLC v. NetScout Systems, Inc.

4:18-cv-00534

Overview

Case Number 4:18-cv-00534

Filing Date 2018-07-31

Status Terminated

Termination Date 2019-08-23

Court District Court, E.D. Texas (txed)

Presiding Judge Amos L. Mazzant, III

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

NetScout Systems Texas, LLC

Represented By

3 Attorneys Listed

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Mark Christopher Lang

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 7015 College Blvd., Suite 700

Eric Allan Buresh

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 7015 College Blvd., Suite 700

NetScout Systems, Inc.

Represented By

3 Attorneys Listed

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Mark Christopher Lang

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 7015 College Blvd., Suite 700

Eric Allan Buresh

Erise IP, PA - Overland Park

Tel: +1 (913) 777-5600

Fax: +1 (913) 777-5601

Erise IP, PA - Overland Park, 7015 College Blvd., Suite 700

Plaintiff

Akoloutheo, LLC

Represented By

2 Attorneys Listed

Ronald William Burns , Jr

RW Burns & Co PLLC - Frisco

Tel: +1 (972) 632-9009

Fax: +1 (855) 249-8064

5999 Custer Road, Suite 110-507

Kenneth Thomas Emanuelson , II

The Emanuelson Firm

Tel: +1 (469) 363-5808

17304 Preston Road, Suite 800, Dallas, TX 75252

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Amos L. Mazzant, III

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

2018-07-31

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COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

2018-07-31

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COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

2018-07-31

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Case Assigned/Reassigned

2018-07-31

No Actions

Akoloutheo, LLC v. NetScout Systems, Inc.

Overview

Parties

Defendant

NetScout Systems Texas, LLC Follow

Represented By

NetScout Systems, Inc. Follow

Represented By

Plaintiff

Akoloutheo, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-6877459.), filed by Akoloutheo, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(Burns, Ronald) (Entered: 07/31/2018)

Case Assigned/Reassigned

Notice of Magistrate Availability

Case assigned to District Judge Amos L. Mazzant, III. (daj, )

NOTICE of Attorney Appearance by Kenneth Thomas Emanuelson, II on behalf of Akoloutheo, LLC (Emanuelson, Kenneth) (Entered: 08/07/2018)

CORPORATE DISCLOSURE STATEMENT filed by Akoloutheo, LLC (Burns, Ronald) (Entered: 09/03/2018)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Burns, Ronald) (Entered: 09/03/2018)

SUMMONS Issued as to NetScout Systems, Inc. (rpc, ) (Entered: 09/04/2018)

SUMMONS Issued as to NetScout Systems Texas, LLC. (rpc, ) (Entered: 09/04/2018)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Akoloutheo, LLC. - Filed on Behalf of and With Permission from NetScout Systems Defendants (Entered: 09/28/2018)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for NetScout Systems Texas, LLC to 11/13/2018; NetScout Systems, Inc. to 11/13/2018. 30 Days Granted for Deadline Extension.( rpc, )

SUMMONS Returned Executed by Akoloutheo, LLC. NetScout Systems, Inc. served on 9/20/2018, answer due 10/11/2018. (rpc, ) (Entered: 10/11/2018)

SUMMONS Returned Executed by Akoloutheo, LLC. (rpc, ) (Entered: 10/11/2018)

Answer Due Deadline Updated for NetScout Systems, Inc. and NetScout Systems Texas, LLC to 11/13/2018. (rpc, )

NOTICE of Attorney Appearance by Mark Christopher Lang on behalf of NetScout Systems Texas, LLC, NetScout Systems, Inc. (Lang, Mark) (Entered: 11/12/2018)

***PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED*** Unopposed MOTION for Extension of Time to File Answer to Complaint by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Lang, Mark) Modified on 11/13/2018 (rpc, ). (Entered: 11/12/2018)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re NetScout Systems Texas, LLC, NetScout Systems, Inc.( Lang, Mark) (Entered: 11/13/2018)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for NetScout Systems Texas, LLC to 11/28/2018; NetScout Systems, Inc. to 11/28/2018. 15 Days Granted for Deadline Extension.( rpc, )

***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION for More Definite Statement by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Lang, Mark) Modified on 11/29/2018 (rpc, ). (Entered: 11/28/2018)

MOTION for More Definite Statement by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Lang, Mark) (Entered: 11/29/2018)

NOTICE of Deficiency regarding the MOTION for More Definite Statement 13 submitted by NetScout Systems Texas, LLC, NetScout Systems, Inc. The Motion is missing a Certificate of Conference, Local Rule CV-7(i). Correction should be made by one business day. (rpc, )

RESPONSE in Opposition re 14 MOTION for More Definite Statement filed by Akoloutheo, LLC. (Attachments: # 1 Text of Proposed Order)(Burns, Ronald) (Entered: 12/12/2018)

REPLY to Response to Motion re 14 MOTION for More Definite Statement filed by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Lang, Mark) (Entered: 12/19/2018)

NOTICE of Readiness for Scheduling Conference by Akoloutheo, LLC re 1 Complaint, 14 MOTION for More Definite Statement, 15 Response in Opposition to Motion, 16 Reply to Response to Motion (Burns, Ronald) (Entered: 01/14/2019)

ORDER denying 14 Motion for More Definite Statement. Signed by District Judge Amos L. Mazzant, III on 1/16/2019. (rpc, ) (Entered: 01/16/2019)

NOTICE of Attorney Appearance by Eric Allan Buresh on behalf of NetScout Systems Texas, LLC, NetScout Systems, Inc. (Buresh, Eric) (Entered: 01/30/2019)

ANSWER to 1 Complaint by NetScout Systems Texas, LLC, NetScout Systems, Inc..(Buresh, Eric) (Entered: 01/30/2019)

CORPORATE DISCLOSURE STATEMENT filed by NetScout Systems Texas, LLC, NetScout Systems, Inc. (Buresh, Eric) (Entered: 01/30/2019)

DEMAND for Trial by Jury by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Buresh, Eric) (Entered: 01/30/2019)

ORDER GOVERNING PROCEEDINGS. Rule 16 Management Conference set for 5/9/2019 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 2/24/2019. (rpc, ) (Entered: 02/25/2019)

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order Parties' proposed Scheduling Order)(Burns, Ronald) (Entered: 04/08/2019)

NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of NetScout Systems Texas, LLC, NetScout Systems, Inc. (Smith, Melissa) (Entered: 04/10/2019)

Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Scheduling Conference held on 5/9/2019. Scheduling Order to follow. (kkc, )

Scheduling Conference

Joint MOTION to Amend/Correct Docket Control Order by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: 06/21/2019)

NOTICE of Discovery Disclosure by NetScout Systems Texas, LLC, NetScout Systems, Inc. Regarding PR 3-3 and 3-4 and Initial Disclosures (Smith, Melissa) (Entered: 06/28/2019)

NOTICE of Discovery Disclosure by NetScout Systems Texas, LLC, NetScout Systems, Inc. Regarding PR 4-1 Disclosures (Smith, Melissa) (Entered: 07/15/2019)

NOTICE of Settlement and Pending Dismissal by Akoloutheo, LLC (Burns, Ronald) (Entered: 08/15/2019)

STIPULATION of Dismissal by Akoloutheo, LLC. (Attachments: # 1 Text of Proposed Order)(Burns, Ronald) (Entered: 08/21/2019)

ORDER OF DISMISSAL. ORDERED, ADJUDGED AND DECREED that all claims asserted in this suit are hereby dismissed WITH PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 8/23/2019. (rpc, ) (Entered: 08/23/2019)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (rpc, ) (Entered: 08/23/2019)

Track Case Updates

NetScout Systems Texas, LLC

NetScout Systems, Inc.

Akoloutheo, LLC

PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED Unopposed MOTION for Extension of Time to File Answer to Complaint by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Lang, Mark) Modified on 11/13/2018 (rpc, ). (Entered: 11/12/2018)

DEFICIENT. TO BE REFILED. PLEASE DISREGARD MOTION for More Definite Statement by NetScout Systems Texas, LLC, NetScout Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Lang, Mark) Modified on 11/29/2018 (rpc, ). (Entered: 11/28/2018)