Apple Inc. v. Zipit Wireless, Inc.

5:20-cv-04448

Overview

Case Number 5:20-cv-04448

Filing Date 2020-07-03

Status Terminated

Termination Date 2023-12-21

Court District Court, N.D. California (cand)

Presiding Judge Edward J. Davila

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:2201 Declaratory Judgement

Jury Demand Plaintiff

Parties

Defendant

Zipit Wireless, Inc.

Represented By

3 Attorneys Listed

Cortney Alexander

Kent and Risley LLC

Tel: +1 (404) 855-3867

Kent and Risley LLC, 5755 N Point Pkwy

Christopher D. Banys

Banys, P.C.

Tel: +1 (650) 308-8505

Fax: +1 (650) 353-2202

567 Marsh Street, San Luis Obispo, CA 93401

Stephen Robert Risley

Kent & Risley LLC

Tel: +1 (404) 585-2101

Fax: +1 (678) 389-9402

Kent & Risley LLC, 5755 North Point Parkway

Plaintiff

Apple Inc.

Represented By

4 Attorneys Listed

Katherine D. Prescott

Fish & Richardson

Tel: +1 (650) 839-5070

Fish & Richardson, 500 Arguello Street

Lawrence Rodell Jarvis

Fish and Richardson P.C.

Tel: +1 (404) 879-7238

Fax: +1 (404) 892-5002

1180 Peachtree Street NE, 21st Floor

Indranil Mukerji

Willkie Farr & Gallagher LLP

Tel: +1 (202) 303-1190

Fax: +1 (202) 303-2000

1875 K Street, N.W., Suite 1000

Benjamin K Thompson

Fish and Richardson PC Atlanta

Tel: +1 (404) 724-2844

1180 Peachtree Street NE, 21st Floor

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Edward J. Davila

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US7292870	Espacenet Google Patents
-	US7894837	Espacenet Google Patents

Docket Entries

COMPLAINT for Declaratory Judgment of Non-Infringement of U.S. Patent Nos. 7,292,870 and 7,894,837 against Zipit Wireless, Inc. ( Filing fee $ 400, receipt number 0971-14653814.). Filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

2020-07-03

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COMPLAINT for Declaratory Judgment of Non-Infringement of U.S. Patent Nos. 7,292,870 and 7,894,837 against Zipit Wireless, Inc. ( Filing fee $ 400, receipt number 0971-14653814.). Filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

2020-07-03

View

COMPLAINT for Declaratory Judgment of Non-Infringement of U.S. Patent Nos. 7,292,870 and 7,894,837 against Zipit Wireless, Inc. ( Filing fee $ 400, receipt number 0971-14653814.). Filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

2020-07-03

View

COMPLAINT for Declaratory Judgment of Non-Infringement of U.S. Patent Nos. 7,292,870 and 7,894,837 against Zipit Wireless, Inc. ( Filing fee $ 400, receipt number 0971-14653814.). Filed byApple Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

2020-07-03

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Apple Inc. v. Zipit Wireless, Inc.

Overview

Parties

Defendant

Zipit Wireless, Inc. Follow

Represented By

Plaintiff

Apple Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Proposed Summons. (Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

REPORT on the filing or determination of an action regarding U.S. Patent Nos. 7,292,870 and 7,894,837 (cc: form mailed to register). (Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

Certificate of Interested Entities by Apple Inc. identifying Corporate Parent Apple Inc. for Apple Inc.. re 1 Complaint, (Prescott, Katherine) (Filed on 7/3/2020) (Entered: 07/03/2020)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/2/2020. Initial Case Management Conference set for 10/9/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (hdjS, COURT STAFF) (Filed on 7/6/2020) (Entered: 07/06/2020)

~Util - Case Assigned by Intake

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663487.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Thompson, Benjamin) (Filed on 7/7/2020) (Entered: 07/07/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663487.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Thompson, Benjamin) (Filed on 7/7/2020) (Entered: 07/07/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663546.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Jarvis, Lawrence) (Filed on 7/7/2020) (Entered: 07/07/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663546.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Jarvis, Lawrence) (Filed on 7/7/2020) (Entered: 07/07/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663581.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Mukerji, Indranil) (Filed on 7/7/2020) (Entered: 07/07/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14663581.) filed by Apple Inc.. (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Mukerji, Indranil) (Filed on 7/7/2020) (Entered: 07/07/2020)

ORDER, signed 7/10/2020, by Chief Magistrate Judge Joseph C. Spero granting 7 Motion for Pro Hac Vice - Thompson. (klhS, COURT STAFF) (Filed on 7/10/2020) (Entered: 07/10/2020)

ORDER, signed 7/10/2020, by Chief Magistrate Judge Joseph C. Spero granting 8 Motion for Pro Hac Vice - Jarvis. (klhS, COURT STAFF) (Filed on 7/10/2020) (Entered: 07/10/2020)

ORDER, signed 7/10/2020, by Chief Magistrate Judge Joseph C. Spero granting 9 Motion for Pro Hac Vice - Mukerji. (klhS, COURT STAFF) (Filed on 7/10/2020) (Entered: 07/10/2020)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Thompson, Benjamin) (Filed on 7/15/2020) (Entered: 07/15/2020)

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 7/16/2020) (Entered: 07/16/2020)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

Summons Issued as to Zipit Wireless, Inc.. (cv, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020)

AFFIDAVIT of Service for Summons and Complaint served on Zipit Wireless, Inc. on 08-21-2020, filed by Apple Inc.. (Thompson, Benjamin) (Filed on 8/24/2020) (Entered: 08/24/2020)

Order Granting 19 Stipulation re Extending Time for Defendants' Response to Complaint and to Extend Case Management Conference and Related Dates. Signed by Judge Edward J. Davila on 9/24/2020. (ejdlc2S, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)

***Set Deadlines/Hearings per ECF 20 Order: Joint Case Management Statement due by 11/24/2020. Initial Case Management Conference set for 12/10/2020 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 9/24/2020)

Set Deadlines/Hearings

Corporate Disclosure Statement by Zipit Wireless, Inc. (Attachments: # 1 Certificate/Proof of Service)(Banys, Christopher) (Filed on 10/26/2020) (Entered: 10/26/2020)

Corporate Disclosure Statement by Zipit Wireless, Inc. (Attachments: # 1 Certificate/Proof of Service)(Banys, Christopher) (Filed on 10/26/2020) (Entered: 10/26/2020)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

OPPOSITION/RESPONSE (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) filed byApple Inc.. (Attachments: # 1 Declaration of Benjamin K. Thompson, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Thompson, Benjamin) (Filed on 11/9/2020) (Entered: 11/09/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15188917.) filed by Zipit Wireless, Inc.. (Attachments: # 1 Certificate of Good Standing)(Risley, Stephen) (Filed on 11/13/2020) (Entered: 11/13/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15188917.) filed by Zipit Wireless, Inc.. (Attachments: # 1 Certificate of Good Standing)(Risley, Stephen) (Filed on 11/13/2020) (Entered: 11/13/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15190068.) filed by Zipit Wireless, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing from Supreme Court of Georgia)(Alexander, Cortney) (Filed on 11/13/2020) (Entered: 11/13/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15190068.) filed by Zipit Wireless, Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing from Supreme Court of Georgia)(Alexander, Cortney) (Filed on 11/13/2020) (Entered: 11/13/2020)

Order by Judge Edward J. Davila Granting 25 Motion for Pro Hac Vice. (kedS, COURT STAFF) (Filed on 11/13/2020) (Entered: 11/13/2020)

Order by Judge Edward J. Davila Granting 26 Motion for Pro Hac Vice. (kedS, COURT STAFF) (Filed on 11/13/2020) (Entered: 11/13/2020)

REPLY (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) In Support of Motion to Dismiss for Lack of Personal Jurisdiction filed byZipit Wireless, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

REPLY (re 21 MOTION to Dismiss For Lack of Personal Jurisdiction ) In Support of Motion to Dismiss for Lack of Personal Jurisdiction filed byZipit Wireless, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

EXHIBITS re 29 Reply to Opposition/Response, Exhibits A, B, C, D, and E filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 29 ) (Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

EXHIBITS re 29 Reply to Opposition/Response, Exhibits A, B, C, D, and E filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 29 ) (Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

EXHIBITS re 29 Reply to Opposition/Response, Exhibits A, B, C, D, and E filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 29 ) (Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

EXHIBITS re 29 Reply to Opposition/Response, Exhibits A, B, C, D, and E filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 29 ) (Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

EXHIBITS re 29 Reply to Opposition/Response, Exhibits A, B, C, D, and E filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 29 ) (Banys, Christopher) (Filed on 11/16/2020) (Entered: 11/16/2020)

NOTICE by Apple Inc. Notice of Withdrawal of Counsel Indranil Mukerji (Thompson, Benjamin) (Filed on 1/25/2021) (Entered: 01/25/2021)

1 - Terminate Hearings AND Clerk's Notice

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit A - Order Granting Motion to Dismiss in HTC v. Zipit)(Alexander, Cortney) (Filed on 1/29/2021) (Entered: 01/29/2021)

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byZipit Wireless, Inc.. (Attachments: # 1 Exhibit A - Order Granting Motion to Dismiss in HTC v. Zipit)(Alexander, Cortney) (Filed on 1/29/2021) (Entered: 01/29/2021)

Order Granting 21 Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Judge Edward J. Davila on 02/12/2021. (ejdlc2S, COURT STAFF) (Filed on 2/12/2021) (Entered: 02/12/2021)

NOTICE OF APPEAL to the Federal Circuit as to 34 Order on Motion to Dismiss by Apple Inc.. Filing fee $ 505, receipt number 0971-15698737. Appeal Record due by 4/14/2021. (Thompson, Benjamin) (Filed on 3/15/2021) (Entered: 03/15/2021)

Transmission of Notice of Appeal and Docket Sheet to the Federal Circuit Court of Appeals as to 35 Notice of Appeal to the Federal Circuit. Filing fee $ 505. Appeal Record due by 4/14/2021. (cv, COURT STAFF) (Filed on 3/15/2021) (Entered: 03/15/2021)

Remark - acknowledging receipt of your email. regarding 35 and 36 (cv, COURT STAFF) (Filed on 3/15/2021) Modified on 3/15/2021 (cv, COURT STAFF). (Entered: 03/15/2021)

USCA Case Number 21-1760 USCA for the Federal Circuit for 35 Notice of Appeal to the Federal Circuit filed by Apple Inc.. (cv, COURT STAFF) (Filed on 3/19/2021) (Entered: 03/19/2021)

USCA Opinion. OPINION filed for the court by Hughes, Circuit Judge; Mayer, Circuit Judge and Stoll, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court re 35 Notice of Appeal (bw, COURT STAFF) (Filed on 4/18/2022) (Entered: 04/18/2022)

Set Deadlines/Hearings: Status Conference set for 7/7/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Joint Status Report due by 6/27/2022. (crr, COURT STAFF) (Filed on 5/25/2022)

Set Deadlines/Hearings

STIPULATION WITH PROPOSED ORDER To Stay Case Pending Resolution Of Inter Partes Review Proceedings filed by Apple Inc.. (Thompson, Benjamin) (Filed on 6/21/2022) (Entered: 06/21/2022)

Order granting 43 Stipulation. Signed by Judge Edward J. Davila on June 22, 2022.The Clerk shall administratively close the file. (ejdlc2, COURT STAFF) (Filed on 6/22/2022) (Entered: 06/22/2022)

STATUS REPORT REGARDING INTER PARTES REVIEW PROCEEDINGS by Apple Inc.. (Thompson, Benjamin) (Filed on 5/4/2023) (Entered: 05/04/2023)

Clerk's Notice

STATUS REPORT by Apple Inc.. (Thompson, Benjamin) (Filed on 6/1/2023) (Entered: 06/01/2023)

Clerk's Notice

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thompson, Benjamin) (Filed on 6/23/2023) (Entered: 06/23/2023)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Risley, Stephen) (Filed on 6/28/2023) (Entered: 06/28/2023)

CASE MANAGEMENT STATEMENT filed by Apple Inc.. (Thompson, Benjamin) (Filed on 7/6/2023) (Entered: 07/06/2023)

***See Amended Order at 53 - PATENT SCHEDULING ORDER. Signed by Judge Edward J. Davila on 7/18/2023. (crr, COURT STAFF) (Filed on 7/18/2023) Modified on 7/18/2023 (crr, COURT STAFF). (Entered: 07/18/2023)

AMENDED PATENT SCHEDULING ORDER. Signed by Judge Edward J. Davila on 7/18/2023. (crr, COURT STAFF) (Filed on 7/18/2023) (Entered: 07/18/2023)

Zipit Wireless, Inc.

Apple Inc.