BCS Software, LLC v. Hewlett Packard Enterprise Company

6:20-cv-00724

Overview

Case Number 6:20-cv-00724

Filing Date 2020-08-12

Status Terminated

Termination Date 2021-03-09

Court District Court, W.D. Texas (txwd)

Presiding Judge Alan D Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Hewlett Packard Enterprise Company

Represented By

4 Attorneys Listed

Barry K. Shelton

Winston & Strawn LLP

Tel: +1 (214) 453-6407

Fax: +1 (214) 453-6400

2121 N. Pearl Street, Suite 900

Rose Cordero Prey

Greenberg Traurig, LLP

Tel: +1 (212) 801-9200

Fax: +1 (212) 801-6400

One Vanderbilt Avenue, New York, NY 10017

Kathryn Albanese

Greenberg Traurig

Tel: +1 (212) 801-6533

Fax: +1 (212) 801-6400

Greenberg Traurig, 200 Park Avenue

Elana B. Araj

Greenberg Traurig, LLP

Tel: +1 (212) 801-9200

Fax: +1 (212) 801-6400

One Vanderbilt Avenue, New York, NY 10017

Plaintiff

BCS Software, LLC

Represented By

4 Attorneys Listed

Thomas G. Fasone , III

Inventors First Law Group, PLLC

Tel: +1 (214) 402-5101

2355 Thomas Avenue, No. 2010

Randall T. Garteiser

Garteiser Honea, PLLC

Tel: +1 (415) 568-0553

Fax: +1 (888) 908-4400

119 W. Ferguson St, Tyler, TX 75702

M. Scott Fuller

Garteiser Honea

Tel: +1 (903) 705-7420

Fax: +1 (888) 908-4400

Garteiser Honea, 119 W. Ferguson

Raymond W Mort , III

The Mort Law Firm, PLLC

Tel: +1 (512) 865-7950

Fax: +1 (512) 865-7950

100 Congress Ave, Suite 2000, Austin, TX 78701

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D Albright

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order from Chief Judge Garcia re COVID 19 Court Procedures)(mc5) (Entered: 08/13/2020)

2020-03-24

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COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

2020-08-12

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COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

2020-08-12

View

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

2020-08-12

View

BCS Software, LLC v. Hewlett Packard Enterprise Company

Overview

Parties

Defendant

Hewlett Packard Enterprise Company Follow

Represented By

Plaintiff

BCS Software, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order from Chief Judge Garcia re COVID 19 Court Procedures)(mc5) (Entered: 08/13/2020)

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

COMPLAINT ( Filing fee $ 400 receipt number 0542-13852934), filed by BCS Software, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet)(Mort, Raymond) (Entered: 08/12/2020)

RULE 7 DISCLOSURE STATEMENT filed by BCS Software, LLC. (Mort, Raymond) (Entered: 08/12/2020)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mort, Raymond) (Entered: 08/12/2020)

REQUEST FOR ISSUANCE OF SUMMONS by BCS Software, LLC. (Mort, Raymond) (Entered: 08/12/2020)

Summons Issued as to Hewlett Packard Enterprise Company. (am) (Entered: 08/12/2020)

Case Assigned/Reassigned

Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (am)

Unopposed MOTION for Extension of Time to File Answer by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 08/19/2020)

Order on Motion for Extension of Time to Answer

Reset Deadlines: Hewlett Packard Enterprise Company answer due 10/8/2020. (am)

Set/Reset Answer Deadline

NOTICE of Attorney Appearance by Barry K. Shelton on behalf of Hewlett Packard Enterprise Company. Attorney Barry K. Shelton added to party Hewlett Packard Enterprise Company(pty:dft) (Shelton, Barry) (Entered: 08/25/2020)

Standing Order Regarding Notice of Readiness in Patent Cases (Entered: 10/05/2020)

Motion to Dismiss for Failure to State a Claim by Hewlett Packard Enterprise Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Shelton, Barry) (Entered: 10/08/2020)

RULE 7 DISCLOSURE STATEMENT filed by Hewlett Packard Enterprise Company. (Shelton, Barry) (Entered: 10/08/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Rose Cordero Prey ( Filing fee $ 100 receipt number 0542-14064142) by on behalf of Hewlett Packard Enterprise Company. (Shelton, Barry) (Entered: 10/13/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Kathryn Albanese ( Filing fee $ 100 receipt number 0542-14064161) by on behalf of Hewlett Packard Enterprise Company. (Shelton, Barry) (Entered: 10/13/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Elana B. Araj ( Filing fee $ 100 receipt number 0542-14064195) by on behalf of Hewlett Packard Enterprise Company. (Shelton, Barry) (Entered: 10/13/2020)

Order on Motion to Appear Pro Hac Vice

NOTICE of Attorney Appearance by Thomas G. Fasone, III on behalf of BCS Software, LLC. Attorney Thomas G. Fasone, III added to party BCS Software, LLC(pty:pla) (Fasone, Thomas) (Entered: 10/20/2020)

NOTICE of Attorney Appearance by Randall T. Garteiser on behalf of BCS Software, LLC. Attorney Randall T. Garteiser added to party BCS Software, LLC(pty:pla) (Garteiser, Randall) (Entered: 10/20/2020)

NOTICE of Attorney Appearance by M. Scott Fuller on behalf of BCS Software, LLC. Attorney M. Scott Fuller added to party BCS Software, LLC(pty:pla) (Fuller, M.) (Entered: 10/20/2020)

Unopposed MOTION for Extension of Time to File Response/Reply as to 10 Motion to Dismiss for Failure to State a Claim by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Fasone, Thomas) (Entered: 10/21/2020)

Order on Motion for Extension of Time to File Response/Reply

AMENDED COMPLAINT against Hewlett Packard Enterprise Company amending, filed by BCS Software, LLC.(Fuller, M.) (Entered: 11/05/2020)

Response in Opposition to Motion, filed by BCS Software, LLC, re 10 Motion to Dismiss for Failure to State a Claim filed by Defendant Hewlett Packard Enterprise Company (Fuller, M.) (Entered: 11/05/2020)

STATUS REPORT CASE READINESS STATUS REPORT, by Hewlett Packard Enterprise Company and by BCS Software, LLC. (Fasone, Thomas) (Entered: 11/09/2020)

MOTION to Dismiss Amended Complaint For Failure to State a Claim by Hewlett Packard Enterprise Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C)(Shelton, Barry) (Entered: 11/19/2020)

AMENDED COMPLAINT against Hewlett Packard Enterprise Company amending, filed by BCS Software, LLC.(Fuller, M.) (Entered: 12/03/2020)

Response in Opposition to Motion, filed by BCS Software, LLC, re 22 MOTION to Dismiss Amended Complaint For Failure to State a Claim filed by Defendant Hewlett Packard Enterprise Company (Fuller, M.) (Entered: 12/03/2020)

REPLY to Response to Motion, filed by Hewlett Packard Enterprise Company, re 22 MOTION to Dismiss Amended Complaint For Failure to State a Claim filed by Defendant Hewlett Packard Enterprise Company (Shelton, Barry) (Entered: 12/10/2020)

Proposed Scheduling Order AGREED PROPOSED SCHEDULING ORDER by BCS Software, LLC. (Fuller, M.) (Entered: 12/14/2020)

Opposed MOTION for Leave to File Second Amended Complaint by BCS Software, LLC. (Fuller, M.) (Entered: 12/18/2020)

Proposed Scheduling Order JOINT MOTION FOR ENTRY OF PROPOSED ORDER GOVERNING PROCEEDINGS by BCS Software, LLC. (Attachments: # 1 Order Governing Proceedings)(Fasone, Thomas) (Entered: 12/30/2020)

Response in Opposition to Motion, filed by Hewlett Packard Enterprise Company, re 27 Opposed MOTION for Leave to File Second Amended Complaint filed by Plaintiff BCS Software, LLC (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Shelton, Barry) (Entered: 01/04/2021)

Opposed MOTION to Transfer Case to Austin Division by Hewlett Packard Enterprise Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Shelton, Barry) (Entered: 01/08/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 30 Opposed MOTION to Transfer Case to Austin Division by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Fasone, Thomas) (Entered: 01/22/2021)

Proposed Scheduling Order JOINT MOTION TO MODIFY SCHEDULING ORDER by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Fasone, Thomas) (Entered: 01/28/2021)

Joint MOTION to Stay All Deadlines and Notice of Settlement by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Fasone, Thomas) (Entered: 02/08/2021)

Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/24/2021)

STIPULATION of Dismissal by BCS Software, LLC. (Attachments: # 1 Proposed Order)(Fasone, Thomas) (Entered: 03/08/2021)

Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 03/09/2021)

Track Case Updates

Hewlett Packard Enterprise Company

BCS Software, LLC