Apeldyn Corporation v. AU Optronics Corporation

PETITION to Compel Compliance with Subpoena filed against AU Optronics Corporation, AU Optronics Corporation America, CHIMEI Innolux Corporation, Chi Mei Optoelectronics Corporation, Chi Mei Optoelectronics USA Inc, Sharp Corporation, Sharp Electronics Corporation and Vizio Inc (Filing fee $ 350 Paid). Filed by Plaintiff Apeldyn Corporation.(lwag) (Entered: 08/30/2010)

2010-08-26

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CERTIFICATE of Interested Parties filed by Plaintiff Apeldyn Corporation. (lwag) (Entered: 08/30/2010)

2010-08-26

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NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (lwag) (Entered: 08/30/2010)

2010-08-26

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PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation re: Certificate/Notice of Interested Parties 2, Petition (case opening), Petition (case opening) 1, Notice To Counsel Re: Copyright/Patent/Trademark (CV-31) 3 (McNeill, James) (Entered: 08/30/2010)

2010-08-30

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NOTICE OF MOTION AND MOTION to Compel Deposition of Third Party VIZIO, INC. filed by Plaintiff Apeldyn Corporation. Motion set for hearing on 9/21/2010 at 10:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order Granting Motion to Compel)(McNeill, James) (Entered: 08/31/2010)

2010-08-31

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JOINT STIPULATION to MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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DECLARATION of David A. Berkley In Support Of MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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DECLARATION of Claire M. Maddox In Support Of MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (Attachments: # 1 Exhibit Exhibits A-J to Maddox Declaration, # 2 Exhibit Exhibits K-PP to Maddox Declaration)(McNeill, James) (Entered: 08/31/2010)

2010-08-31

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OF SERVICE filed by Plaintiff Apeldyn Corporation, re Declaration (Motion related), Declaration (Motion related) 8, Joint Stipulation re Discovery Motion 6, Declaration (Motion related) 7, MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re Declaration (Motion related), Declaration (Motion related) 8, Joint Stipulation re Discovery Motion 6, Declaration (Motion related) 7, MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re Declaration (Motion related), Declaration (Motion related) 8, Joint Stipulation re Discovery Motion 6, Declaration (Motion related) 7, MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

2010-08-31

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NOTICE of Appearance filed by attorney Kenneth D Watnick on behalf of ThirdParty Defendant Vizio Inc (Watnick, Kenneth) (Entered: 09/02/2010)

2010-09-02

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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document 4 . The following error(s) was found: Incorrect event selected. The correct event is: Proof of service. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb) (Entered: 09/03/2010)

2010-09-03

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Apeldyn Corporation. (McNeill, James) (Entered: 09/03/2010)

2010-09-03

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SUPPLEMENT to MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 09/07/2010)

2010-09-07

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NOTICE of Appearance filed by attorney Robert Anthony Cocchia on behalf of Plaintiff Apeldyn Corporation (Cocchia, Robert) (Entered: 09/15/2010)

2010-09-15

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NOTICE of Change of Attorney Information for attorney David Allan Berkley counsel for ThirdParty Defendant Vizio Inc. Adding David Allan Berkley as attorney as counsel of record for Vizio, Inc. for the reason indicated in the G-06 Notice. Filed by Third Party Vizio, Inc. (Berkley, David) (Entered: 09/20/2010)

2010-09-20

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MINUTES OF DISCOVERY HEARING: ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF THIRD PARTY, 5 by Magistrate Judge Frederick F. Mumm: Case called. Counsel make their appearances. Court hears arguments. Plaintiffs motion to compel is granted in part and denied in part as stated on the record. The Court takes under submission the question of Vizio's waiver of objections and any relief from that waiver. The Court finds that Vizio is entitled to standard and actual copying fees for providing copies of documents to plaintiff. The Court reserves the question of whether Vizio is entitled to any attorneys fees incurred in complying with the subpoena. (sl) Modified on 9/28/2010 (sl). (Entered: 09/28/2010)

2010-09-21

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MINUTE ORDER IN CHAMBERS RULING ON SUBMITTED MATTER re: Order on Motion to Compel Deposition, 20 by Magistrate Judge Frederick F. Mumm: This Court previously took under submission the issue of whether non-party Vizio, Inc. waived its attorney-client and work product privileges by failing to respond timely to a subpoena served by plaintiff. After further review, the Court finds that although Vizio waived its objections by failing to timely assert them, in this instance, particularly given the breath of the document requests, the Court finds that it would be inappropriate to hold Vizio to its waiver. Accordingly, the Court rules that Vizio may assert objections based on attorney-client and work product information to the document requests contained in the subpoena. See, e.g., Rutherford v. U.S., 2008 WL 3843437, *3 (S.D. Cal. 2008). IT IS SO ORDERED. (sl) Modified on 9/28/2010 (sl). (Entered: 09/28/2010)

2010-09-28

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REQUEST for Hearing to enforce Order on Motion to Compel filed by Plaintiff Apeldyn Corporation. (Cocchia, Robert) (Entered: 01/04/2011)

2011-01-04

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MINUTE ORDER IN CHAMBERS by Magistrate Judge Frederick F. Mumm: ORDER SETTING HEARING DATE: On January 4, 2011, plaintiff filed a document entitled "Apeldyn Corporation's Request for Hearing." Plaintiff is directed to file a motion pursuant to Local Rule 37 and to set the hearing on the motion for a Tuesday at 10:00 a.m. (jm) (Entered: 01/11/2011)

2011-01-10

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TRANSCRIPT for proceedings held on 9/21/10 10:50am. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/1/2011. Redacted Transcript Deadline set for 2/11/2011. Release of Transcript Restriction set for 4/11/2011. (ml) (Entered: 01/11/2011)

2011-01-11

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NOTICE OF FILING TRANSCRIPT filed for proceedings 9/21/10 10:50am (ml) (Entered: 01/11/2011)

2011-01-11

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(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge James V. Selna re Dismissal for Lack of Prosecution: The Court orders Plaintiff to show cause, in writing, not later than March 28, 2011, why this case should not be dismissed for failure to prosecute. (rla) (Entered: 03/21/2011)

2011-03-21

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NOTICE of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c) filed by Plaintiff Apeldyn Corporation. (Cocchia, Robert) (Entered: 03/24/2011)

2011-03-24

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REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 COPY OF NOTICE OF DISMISSAL) (rla) (Entered: 05/25/2011)

2011-05-25

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Overview

Parties

Defendant

Sharp Electronics Corporation Follow

Represented By

Sharp Corporation Follow

Represented By

Chi Mei Innolux Corporation Follow

Represented By

Chi Mei Optoelectronics Corporation Follow

Represented By

Vizio Inc Follow

Represented By

Counter Claimant

Chi Mei Optoelectronics USA Inc Follow

Represented By

Plaintiff

AU Optronics Corporation America Follow

Represented By

AU Optronics Corporation Follow

Represented By

Counter Defendant

Apeldyn Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

CERTIFICATE of Interested Parties filed by Plaintiff Apeldyn Corporation. (lwag) (Entered: 08/30/2010)

NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (lwag) (Entered: 08/30/2010)

PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation re: Certificate/Notice of Interested Parties 2, Petition (case opening), Petition (case opening) 1, Notice To Counsel Re: Copyright/Patent/Trademark (CV-31) 3 (McNeill, James) (Entered: 08/30/2010)

NOTICE OF MOTION AND MOTION to Compel Deposition of Third Party VIZIO, INC. filed by Plaintiff Apeldyn Corporation. Motion set for hearing on 9/21/2010 at 10:00 AM before Judge James V. Selna. (Attachments: # 1 Proposed Order Granting Motion to Compel)(McNeill, James) (Entered: 08/31/2010)

JOINT STIPULATION to MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 08/31/2010)

DECLARATION of David A. Berkley In Support Of MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 08/31/2010)

DECLARATION of Claire M. Maddox In Support Of MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (Attachments: # 1 Exhibit Exhibits A-J to Maddox Declaration, # 2 Exhibit Exhibits K-PP to Maddox Declaration)(McNeill, James) (Entered: 08/31/2010)

PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

PROOF OF SERVICE filed by Plaintiff Apeldyn Corporation, re MOTION to Compel Deposition of Third Party VIZIO, INC. 5 served on August 31, 2010. (McNeill, James) (Entered: 08/31/2010)

NOTICE of Appearance filed by attorney Kenneth D Watnick on behalf of ThirdParty Defendant Vizio Inc (Watnick, Kenneth) (Entered: 09/02/2010)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Apeldyn Corporation. (McNeill, James) (Entered: 09/03/2010)

SUPPLEMENT to MOTION to Compel Deposition of Third Party VIZIO, INC. 5 filed by Plaintiff Apeldyn Corporation. (McNeill, James) (Entered: 09/07/2010)

NOTICE of Appearance filed by attorney Robert Anthony Cocchia on behalf of Plaintiff Apeldyn Corporation (Cocchia, Robert) (Entered: 09/15/2010)

REQUEST for Hearing to enforce Order on Motion to Compel filed by Plaintiff Apeldyn Corporation. (Cocchia, Robert) (Entered: 01/04/2011)

NOTICE OF FILING TRANSCRIPT filed for proceedings 9/21/10 10:50am (ml) (Entered: 01/11/2011)

(IN CHAMBERS) ORDER TO SHOW CAUSE by Judge James V. Selna re Dismissal for Lack of Prosecution: The Court orders Plaintiff to show cause, in writing, not later than March 28, 2011, why this case should not be dismissed for failure to prosecute. (rla) (Entered: 03/21/2011)

NOTICE of Dismissal Pursuant to Federal Rules of Civil Procedure 41(a) or (c) filed by Plaintiff Apeldyn Corporation. (Cocchia, Robert) (Entered: 03/24/2011)

REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 COPY OF NOTICE OF DISMISSAL) (rla) (Entered: 05/25/2011)

Track Case Updates

Sharp Electronics Corporation

Sharp Corporation

Chi Mei Innolux Corporation

Chi Mei Optoelectronics Corporation

Vizio Inc

Chi Mei Optoelectronics USA Inc

AU Optronics Corporation America

AU Optronics Corporation

Apeldyn Corporation