Ameranth, Inc. v. Micros Systems, Inc

3:12-cv-01655

Overview

Case Number 3:12-cv-01655

Filing Date 2012-06-29

Status Terminated

Termination Date 2013-11-26

Court District Court, S.D. California (casd)

Presiding Judge Dana M. Sabraw

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:0271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Oracle Corporation

Represented By

8 Attorneys Listed

Lillian J. Mao

Gibson, Dunn & Crutcher LLP

Tel: +1 (650) 849-5300

310 University Avenue, Palo Alto, CA 94301

Brian Chih-Kaung Chang

Weil, Gotshal & Manges LLP

Tel: +1 (650) 802-3000

Fax: +1 (650) 802-3100

201 Redwood Shores Parkway, Redwood Shores, CA 94065

Sonal N. Mehta

Wilmer Cutler Pickering Hale and Dorr

Tel: +1 (650) 600-5051

Wilmer Cutler Pickering Hale and Dorr, 2600 El Camino Real

Richard S. Zembek

Fulbright & Jaworski, LLP

Tel: +1 (713) 651-5151

Fax: +1 (713) 651-5246

1301 McKinney, Suite 5100

Marc L. Delflache

Norton Rose Fulbright US LLP

Tel: +1 (214) 855-8000

Fax: +1 (214) 855-8200

2200 Ross Avenue, Suite 3600

John Anthony O'Malley

Norton Rose Fulbright US LLP

Tel: +1 (213) 892-9227

Fax: +1 (213) 892-9494

555 South Flower Street, 41st Floor

Jared Bobrow

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (650) 614-7400

Fax: +1 (650) 614-7401

1000 Marsh Road, Menlo Park, CA 94025-1015

Daniel Duncan Davison

Fulbright & Jaworski, LLP

Tel: +1 (214) 855-8049

2200 Ross Avenue, Suite 3600

Micros Systems, Inc

Represented By

6 Attorneys Listed

Sonal N. Mehta

Wilmer Cutler Pickering Hale and Dorr

Tel: +1 (650) 600-5051

Wilmer Cutler Pickering Hale and Dorr, 2600 El Camino Real

Richard S. Zembek

Fulbright & Jaworski, LLP

Tel: +1 (713) 651-5151

Fax: +1 (713) 651-5246

1301 McKinney, Suite 5100

Marc L. Delflache

Norton Rose Fulbright US LLP

Tel: +1 (214) 855-8000

Fax: +1 (214) 855-8200

2200 Ross Avenue, Suite 3600

John Anthony O'Malley

Norton Rose Fulbright US LLP

Tel: +1 (213) 892-9227

Fax: +1 (213) 892-9494

555 South Flower Street, 41st Floor

Jared Bobrow

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (650) 614-7400

Fax: +1 (650) 614-7401

1000 Marsh Road, Menlo Park, CA 94025-1015

Daniel Duncan Davison

Fulbright & Jaworski, LLP

Tel: +1 (214) 855-8049

2200 Ross Avenue, Suite 3600

Plaintiff

Ameranth, Inc.

Represented By

2 Attorneys Listed

William J. Caldarelli

Caldarelli, Hejmanowski, Page & Leer, LLP

Tel: +1 (858) 720-8080

Fax: +1 (858) 720-6680

3398 Carmel Mountain Road, Suite 250

Ben West

Caldarelli Hejmanowski Page & Leer LLP

Tel: +1 (858) 764-8104

Suite 250, 3398 Carmel Mountain Road

Court & Judges

Court

District Court, S.D. California (casd)

Presiding Judge

Dana M. Sabraw

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT with Jury Demand against Micros Systems, Inc ( Filing fee $ 350 receipt number 0974-4895868), filed by Ameranth, Inc. (Attachments: # 1 Exhibit A, B, & C to Complaint, # 2 Civil Cover Sheet)The new case number is 3:12-cv-01655-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case. (William Caldarelli)(dlg) (av1). (Entered: 07/02/2012)

2012-06-29

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COMPLAINT with Jury Demand against Micros Systems, Inc ( Filing fee $ 350 receipt number 0974-4895868), filed by Ameranth, Inc. (Attachments: # 1 Exhibit A, B, & C to Complaint, # 2 Civil Cover Sheet)The new case number is 3:12-cv-01655-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case. (William Caldarelli)(dlg) (av1). (Entered: 07/02/2012)

2012-06-29

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COMPLAINT with Jury Demand against Micros Systems, Inc ( Filing fee $ 350 receipt number 0974-4895868), filed by Ameranth, Inc. (Attachments: # 1 Exhibit A, B, & C to Complaint, # 2 Civil Cover Sheet)The new case number is 3:12-cv-01655-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case. (William Caldarelli)(dlg) (av1). (Entered: 07/02/2012)

2012-06-29

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REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 6,384,850, 6,871,325, 8,146,077 cc:USPTO. (dlg) (av1). (Entered: 07/02/2012)

2012-07-02

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Ameranth, Inc. v. Micros Systems, Inc

Overview

Parties

Defendant

Oracle Corporation Follow

Represented By

Micros Systems, Inc Follow

Represented By

Plaintiff

Ameranth, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *6,384,850*, *6,871,325*, *8,146,077* cc:USPTO. (dlg) (av1). (Entered: 07/02/2012)

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg)(av1). (Entered: 07/02/2012)

NOTICE OF RELATED CASE(S) by Ameranth, Inc. of case(s) 3:11-cv-01810 JLS NLS . (Caldarelli, William) Proposed low number prepared (cge). (Entered: 07/05/2012)

NOTICE of Party With Financial Interest by Ameranth, Inc. (Caldarelli, William) (cge). (Entered: 07/09/2012)

SUMMONS Returned Executed by Ameranth, Inc.. Micros Systems, Inc served. (Caldarelli, William)(yeb). (Entered: 07/24/2012)

NOTICE of Appearance by John Anthony O'Malley on behalf of Micros Systems, Inc. (O'Malley, John) (mdc) (Entered: 08/07/2012)

Joint MOTION for Extension of Time to File Answer re 1 Complaint, by Micros Systems, Inc. (O'Malley, John) (mdc) (Entered: 08/07/2012)

ORDER Granting 9 Joint Motion to Extend Time for Defendant to Respond. Defendant shall have up to and including September 10, 2012 to file a responsive pleading to the Complaint. Signed by Judge Janis L. Sammartino on 8/13/2012. (sjt)(jrd) (Entered: 08/13/2012)

PRO HAC VICE APPOINTED: Richard Zembek appearing for Defendant Micros Systems, Inc (cge) (Entered: 08/31/2012)

PRO HAC VICE APPOINTED: Marc L. Delflache appearing for Defendant Micros Systems, Inc (cge) (Entered: 08/31/2012)

Joint MOTION for Extension of Time to File Answer by Micros Systems, Inc. (Zembek, Richard) (jao). (Entered: 09/07/2012)

PRO HAC VICE APPOINTED: Dan Duncan Davison appearing for Defendant Micros Systems, Inc. (All non-registered users served via U.S. Mail Service)(ag)(jrd) (Entered: 09/12/2012)

ORDER Granting 13 Second Motion for Extension of Time to Answer. Defendant shall have up to and including September 24, 2012 to file a responsive pleading to the Complaint. Signed by Judge Janis L. Sammartino on 9/10/2012. (jao)(jrd) (Entered: 09/10/2012)

NOTICE of Party With Financial Interest by Micros Systems, Inc (Zembek, Richard) (jao). (Entered: 09/24/2012)

RESPONSE in Opposition re 17 MOTION to Dismiss for Failure to State a Claim filed by Ameranth, Inc.. (Attachments: # 1 Request for Judicial Notice, # 2 Exhibit A, # 3 Proof of Service)(Caldarelli, William) (jao). (Entered: 11/08/2012)

Joint MOTION for Extension of Time to File Response/Reply in Support of Motion to Dismiss by Micros Systems, Inc. (Attachments: # 1 Proof of Service)(Zembek, Richard) (jao). (Entered: 11/13/2012)

ORDER Granting 23 Joint Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss for Failure to State a Claim Replies due by 11/21/2012. Signed by Judge Janis L. Sammartino on 11/14/2012. (jao)(jrd) (Entered: 11/14/2012)

REPLY to Response to Motion re 17 MOTION to Dismiss for Failure to State a Claim filed by Micros Systems, Inc. (Attachments: # 1 Proof of Service)(Zembek, Richard) (jao). (Entered: 11/21/2012)

REQUEST FOR JUDICIAL NOTICE by Ameranth, Inc. re 17 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit 1, # 2 Proof of Service)(Caldarelli, William) (jao). (Entered: 02/07/2013)

MINUTE ORDER. Judge William Q. Hayes has declined assignment pursuant to General Order 598. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 12cv1655-BEN(WVG).(no document attached) (jao) (Entered: 08/22/2013)

MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Dana M. Sabraw for all further proceedings. The new case number is 12cv1655-DMS(WVG).(no document attached) (jao) (Entered: 08/23/2013)

ANSWER to 37 Amended Complaint, Affirmative Defenses, COUNTERCLAIM against Ameranth, Inc. by Micros Systems, Inc. (Attachments: # 1 Proof of Service)(Zembek, Richard) (aef). (Entered: 10/04/2013)

NOTICE of Appearance by Ben West on behalf of Ameranth, Inc. (Attachments: # 1 Proof of Service)(West, Ben)Attorney Ben West added to party Ameranth, Inc.(pty:pla) (aef). (Entered: 10/25/2013)

ANSWER to 38 Answer to Amended Complaint, Counterclaim of Micros Systems Inc. by Ameranth, Inc.. (Attachments: # 1 Proof of Service)(West, Ben) (aef). (Entered: 10/28/2013)

NOTICE of Appearance by Jared Bobrow on behalf of Micros Systems, Inc (Bobrow, Jared)Attorney Jared Bobrow added to party Micros Systems, Inc(pty:dft) (knb). (Entered: 11/10/2014)

NOTICE of Appearance by Sonal N. Mehta on behalf of Micros Systems, Inc (Mehta, Sonal)Attorney Sonal N. Mehta added to party Micros Systems, Inc(pty:dft) (knb). (Entered: 11/10/2014)

Corporate Disclosure Statement by Micros Systems, Inc. (Bobrow, Jared) (knb). (Entered: 11/10/2014)

Joint MOTION to Substitute Party by Micros Systems, Inc. (Bobrow, Jared) (knb). (Entered: 11/10/2014)

NOTICE of Appearance by Brian Chih-Kaung Chang on behalf of Oracle Corporation (Chang, Brian)Attorney Brian Chih-Kaung Chang added to party Oracle Corporation(pty:dft) (aef). (Entered: 04/05/2017)

NOTICE of Appearance by Lillian Jennifer Mao on behalf of Oracle Corporation (Mao, Lillian)Attorney Lillian Jennifer Mao added to party Oracle Corporation(pty:dft) (aef). (Entered: 06/15/2018)

MOTION to Withdraw as Attorney Brian Chang as Counsel for Oracle Corporation by Oracle Corporation. (Attachments: # 1 Declaration of Brian Chang)(Chang, Brian) (aef). (Entered: 06/18/2018)

ORDER Granting 48 Motion to Withdraw Brian Chang as Counsel for Oracle Corporation. Signed by Judge Dana M. Sabraw on 6/26/2018. (aef) (Entered: 06/26/2018)

MOTION to Withdraw as Attorney Lillian J. Mao by Oracle Corporation. (Attachments: # 1 Declaration of Jared Bobrow, # 2 Proposed Order, # 3 Proof of Service)(Bobrow, Jared) QC mailer sent, proposed orders should not be attached (zda). (Entered: 02/24/2022)

Order Granting Motion to Withdraw Lillian J. Mao as Counsel of Record for Defendant Oracle Corp. 50 Attorney Lillian J. Mao terminated. Signed by Chief District Judge Dana M. Sabraw on 2/25/2022. (All non-registered users served via U.S. Mail Service) (zda) (Entered: 02/28/2022)

NOTICE OF APPEAL to the Federal Circuit by Ameranth, Inc. (Filing fee $505 receipt number ACASDC-16732330.) (Caldarelli, William). (Modified on 4/12/2022: Notice of Appeal electronically transmitted to the US Court of Appeals for the Federal Circuit.) (akr). (Entered: 04/12/2022)

USCA Case Number 2022-1683 for 52 Notice of Appeal to the Federal Circuit filed by Ameranth, Inc. (akr) (Entered: 04/18/2022)

MOTION for Attorney Fees by Oracle Corporation. (Attachments: # 1 Memo of Points and Authorities In Support of Oracle Corp.'s Motion for Attorneys' Fees)(Bobrow, Jared) (ddf). (Entered: 04/04/2024)

MOTION for Attorney Fees by Oracle Corporation. (Attachments: # 1 Memo of Points and Authorities In Support of Oracle Corp.'s Motion for Attorneys' Fees)(Bobrow, Jared) (ddf). (Entered: 04/04/2024)

BILL OF COSTS by Oracle Corporation (Attachments: # 1 Appendix -Bill of Costs, # 2 Exhibit A to Bill of Costs, # 3 Exhibit B to Bill of Costs, # 4 Exhibit C to Bill of Costs)(Bobrow, Jared) Modified to correct entry on 4/5/2024 (sjt). (Entered: 04/04/2024)

Notice of Hearing - Bill of Costs

NOTICE of Hearing - Bill of Costs, re 57 Notice (Other) filed by Oracle Corporation : No opposition or responsive pleading filed by due date of 4/16/2024. Hearing set for 4/25/2024 at 11:00AM is hereby VACATED. Order to follow. (no document attached) (sjt) (Entered: 04/25/2024)

Notice of Hearing - Bill of Costs

RESPONSE in Opposition re 56 MOTION for Attorney Fees filed by Ameranth, Inc.. (Attachments: # 1 Declaration of Vern Yates, # 2 Declaration of John Osborne, # 3 Notice of Lodgment)(Caldarelli, William) (ddf). (Entered: 04/26/2024)

MOTION to File Documents Under Seal (Caldarelli, William) (ddf). (Entered: 04/26/2024)

SEALED LODGED Proposed Document re: 61 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Caldarelli, William) (ddf). (Entered: 04/26/2024)

REPLY to Response to Motion re 56 MOTION for Attorney Fees Defendant Oracle Corp.'s Reply in Support of its Motion for Attorneys' Fees Under 35 U.S.C. § 285 filed by Oracle Corporation. (Bobrow, Jared) (ddf). (Entered: 05/03/2024)

ORDER Re: Oral Argument. Signed by Chief District Judge Dana M. Sabraw on 5/6/2024.(ddf) (Entered: 05/06/2024)

REPLY - Other re 56 MOTION for Attorney Fees filed by Ameranth, Inc.. (Caldarelli, William) (ddf). (Entered: 05/20/2024)

REPLY - Other re 56 MOTION for Attorney Fees (Amended) filed by Ameranth, Inc.. (Caldarelli, William) (ddf). (Entered: 05/20/2024)

RESPONSE in Support re 56 MOTION for Attorney Fees [Response to Plaintiff's Notice of Supplemental Authority] filed by Oracle Corporation. (Bobrow, Jared) (ddf). (Entered: 05/21/2024)

Costs Taxed in amount of $10,977.70 against Ameranth, Inc. (sjt) (Entered: 07/08/2024)

MINUTE ORDER OF TRANSFER. Magistrate Judge William V. Gallo is no longer assigned. Case reassigned to Magistrate Judge David D. Leshner for all further proceedings. The new case number is 12cv1655-DMS-DDL.(no document attached) (ddf) (Entered: 09/05/2024)

Order of Judge Transfer

ORDER Granting Defendant Oracle Corp.'s Motion For Exceptional Case. Signed by Chief District Judge Dana M. Sabraw on 9/12/2024.(ddf) (Entered: 09/12/2024)

~Util - Set Hearings

~Util - Set Hearings AND ~Util - Terminate Hearings

Status Conference

~Util - Set Hearings AND ~Util - Terminate Hearings

Settlement Conference AND ~Util - Set Hearings

ORDER Amending Briefing Schedule. Signed by Magistrate Judge David D. Leshner on 10/16/2024.(ddf) (Entered: 10/16/2024)

Minute Order for proceedings held before Magistrate Judge David D. Leshner. Settlement Conference held on 11/1/2024. The case did not settle. (Plaintiff Attorney William Caldarelli).(Defendant Attorney Jared Bobrow). (no document attached) (fxb) (Entered: 11/01/2024)

Settlement Conference

~Util - Set Hearings

Settlement Conference AND ~Util - Set Hearings

Settlement Conference AND ~Util - Set Hearings

Joint MOTION to Dismiss Claim of Oracle Corp. Under 35 U.S.C. section 285 by Ameranth, Inc. (Caldarelli, William) (bdc). (Entered: 02/07/2025)

Oracle Corporation

Micros Systems, Inc

Ameranth, Inc.

REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 6,384,850, 6,871,325, 8,146,077 cc:USPTO. (dlg) (av1). (Entered: 07/02/2012)