Blix Inc. v. Apple Inc.

21-2203

Overview

Case Number 21-2203

Filing Date 2021-08-04

Status Terminated

Termination Date 2022-12-06

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

APPLE INC.

Represented By

4 Attorneys Listed

Daniel Glen Swanson

Gibson, Dunn & Crutcher LLP

333 South Grand Avenue, Los Angeles, CA 90071

Cynthia Richman, Partner

Gibson Dunn & Crutcher, LLP

1700 M Street, NW, Washington, DC 20036

H. Mark Lyon, Esq.

Gibson, Dunn & Crutcher LLP

1881 Page Mill Road, Palo Alto, CA 94304

Mark Andrew Perry, Counsel

Weil, Gotshal & Manges LLP

2001 M Street NW, Suite 600

Plaintiff - Appellant

BLIX INC.

Represented By

6 Attorneys Listed

Guy Yonay, Attorney

Pearl Cohen Zedek Latzer Baratz LLP

7 Times Square, 19th Floor

Mark C. Rifkin, Attorney

Wolf Haldenstein Adler Freeman & Herz LLP

270 Madison Avenue, New York, NY 10016

David A. Loewenstein

Pearl Cohen Zedek Latzer Baratz LLP

7 Times Square, 19th Floor

Lillian Grinnell, Attorney

Wolf Haldenstein Adler Freeman & Herz LLP

270 Madison Avenue, New York, NY 10016

Sarah Elizabeth Benowich, Associate

Davis & Gilbert LLP

1675 Broadway, 31st Floor

Thomas Burt, -

Wolf Haldenstein Adler Freeman & Herz LLP

270 Madison Avenue, New York, NY 10016

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 08/03/2021. [790549]Entry of Appearance is due on 08/18/2021. Certificate of Interest is due on 08/18/2021. Docketing Statement is due on 08/18/2021. Appellant's brief is due on 10/04/2021. [JCW] [Entered: 08/04/2021 10:34 AM]

2021-08-04

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Entry of appearance for Mark A. Perry; Daniel Swanson; H. Mark Lyon as counsel for Appellee Apple Inc.. Service: 08/18/2021 by email. [793712] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:13 PM]

2021-08-18

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Certificate of Interest for Appellee Apple Inc.. Service: 08/18/2021 by email. [793714] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:15 PM]

2021-08-18

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Docketing Statement for the Appellee Apple Inc.. Service: 08/18/2021 by email. [793716] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:16 PM]

2021-08-18

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Blix Inc. v. Apple Inc.

Overview

Parties

Defendant - Appellee

APPLE INC. Follow

Represented By

Plaintiff - Appellant

BLIX INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 08/03/2021. [790549]Entry of Appearance is due on 08/18/2021. Certificate of Interest is due on 08/18/2021. Docketing Statement is due on 08/18/2021. Appellant's brief is due on 10/04/2021. [JCW] [Entered: 08/04/2021 10:34 AM]

Entry of appearance for Mark A. Perry; Daniel Swanson; H. Mark Lyon as counsel for Appellee Apple Inc.. Service: 08/18/2021 by email. [793712] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:13 PM]

Certificate of Interest for Appellee Apple Inc.. Service: 08/18/2021 by email. [793714] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:15 PM]

Docketing Statement for the Appellee Apple Inc.. Service: 08/18/2021 by email. [793716] [21-2203] [Mark Perry] [Entered: 08/18/2021 02:16 PM]

Entry of appearance for Thomas H. Burt; Mark C. Rifkin as counsel for Appellant Blix Inc.. Service: 09/10/2021 by email. [798419] [21-2203] This document is non-compliant. See Doc No.[10] [Daniel Melman] [Entered: 09/10/2021 02:13 PM]

Certificate of Interest for Appellant Blix Inc.. Service: 09/10/2021 by email. [798438] [21-2203] This document is non-compliant. See Doc No.[9] [Daniel Melman] [Entered: 09/10/2021 02:36 PM]

Docketing Statement for the Appellant Blix Inc.. Service: 09/10/2021 by email. [798444] [21-2203] [Daniel Melman] [Entered: 09/10/2021 02:41 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Blix Inc., Certificate of Interest [7], is not in compliance with the rules of this court (see attached). Compliant document due on 09/17/2021. Service as of this date by the Clerk of Court. [798502] [JCW] [Entered: 09/10/2021 03:48 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Blix Inc., Entry of Appearance [6], is not in compliance with the rules of this court (see attached). Compliant document due on 09/20/2021. Service as of this date by the Clerk of Court. [798620] [JCW] [Entered: 09/13/2021 09:13 AM]

Corrected Entry of appearance for Thomas H. Burt; Lillian R. Grinnell as counsel for Appellant Blix Inc.. Service: 09/16/2021 by email. [799958] [21-2203] [Thomas Burt] [Entered: 09/16/2021 12:24 PM]

Corrected Certificate of Interest for Appellant Blix Inc.. Service: 09/16/2021 by email. [799959] [21-2203] [Thomas Burt] [Entered: 09/16/2021 12:26 PM]

MOTION of Appellant Blix Inc. to extend the time to 11/03/2021 to file brief. Service: 09/20/2021 by email. [800565] [21-2203] [Thomas Burt] [Entered: 09/20/2021 03:17 PM]

Notice of Correction to Doc No. [8]. Service: 10/04/2021 by email. [803460] [21-2203] [Thomas Burt] [Entered: 10/04/2021 03:48 PM]

Docketing Statement for the Appellant Blix Inc.. Service: 10/04/2021 by email. [803464] [21-2203] [Thomas Burt] [Entered: 10/04/2021 03:52 PM]

Entry of appearance for Thomas H. Burt; Mark C. Rifkin; Lillian R. Grinnell; Daniel J. Melman; Guy Yonay; Sarah E. Benowich as counsel for Appellant Blix Inc.. Service: 11/02/2021 by email. [809786] [21-2203] [Thomas Burt] [Entered: 11/02/2021 03:52 PM]

OPENING BRIEF FILED by Appellant Blix Inc.. Service: 11/03/2021 by email. [809912] [21-2203] This document is non-compliant. See Doc No.[19] [Thomas Burt] [Entered: 11/03/2021 11:23 AM]

Amended Certificate of Interest for Appellant Blix Inc.. Service: 11/03/2021 by email. [810091] [21-2203] [Thomas Burt] [Entered: 11/03/2021 05:04 PM]

CORRECTED OPENING BRIEF FILED by Appellant Blix Inc.. Service: 11/03/2021 by email. [810096] [21-2203] This document is non-compliant. See Doc No.[22] [Thomas Burt] [Entered: 11/03/2021 05:09 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Blix Inc., Corrected Opening Brief [21], is not in compliance with the rules of this court (see attached). Service as of this date by the Clerk of Court. [810129] [JCW] [Entered: 11/04/2021 09:14 AM]

MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Blix Inc. Service: 11/04/2021 by email.[810172] --[Edited 11/04/2021 by JCW - compliance review complete] [Thomas Burt] [Entered: 11/04/2021 10:54 AM]

MOTION of Appellee Apple Inc. to extend the time to 02/11/2022 to file brief. Service: 11/19/2021 by email. [813635] [21-2203] [Mark Perry] [Entered: 11/19/2021 10:51 AM]

Notice from Appellant Blix Inc. Withdrawal of Counsel. Service: 11/26/2021 by email. [814892] [21-2203] [Daniel Melman] [Entered: 11/26/2021 02:27 PM]

Entry of appearance for Cynthia E. Richman as counsel for Appellee Apple Inc.. Service: 02/10/2022 by email. [830487] [21-2203] [Mark Perry] [Entered: 02/10/2022 04:35 PM]

MOTION of Appellant Blix Inc. to extend the time to 04/04/2022 to file brief. Service: 02/25/2022 by email. [833670] [21-2203] [Thomas Burt] [Entered: 02/25/2022 03:44 PM]

MODIFIED ENTRY: REPLY BRIEF FILED by Appellant Blix Inc.. Service: 04/04/2022 by email. [840638] --[Edited 04/04/2022 by JCW -compliance review complete] [Thomas Burt] [Entered: 04/04/2022 11:48 AM]

MODIFIED ENTRY: APPENDIX FILED by Appellant Blix Inc. Service: 04/11/2022 by email. [842377] --[Edited 04/11/2022 by JCW - compliance review complete] [Thomas Burt] [Entered: 04/11/2022 01:51 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [842385] [JCW] [Entered: 04/11/2022 02:02 PM]

6 paper copies of Doc. No. [28] received from Appellee Apple Inc.. [843158] [VDW] [Entered: 04/14/2022 01:27 PM]

6 paper copies of Doc. No. [32], [31], [23] received from Appellant Blix Inc.. [843361] [VDW] [Entered: 04/15/2022 09:03 AM]

Notice from Appellant Blix Inc. regarding conflicts with oral argument. Service: 04/18/2022 by email. [843767] [21-2203] [Thomas Burt] [Entered: 04/18/2022 10:21 AM]

The following conflict dates submitted by Thomas Burt for Blix Inc. have been accepted by the court: 06/09/2022, 06/10/2022, 08/01/2022, 09/06/2022. [843785] [MJL] [Entered: 04/18/2022 10:53 AM]

Notice from Appellant Blix Inc. regarding conflicts with oral argument. Service: 04/18/2022 by email. [843914] [21-2203] [Guy Yonay] [Entered: 04/18/2022 03:57 PM]

Notice from Appellee Apple Inc. regarding conflicts with oral argument. Service: 04/18/2022 by email. [843925] [21-2203] [Mark Perry] [Entered: 04/18/2022 04:11 PM]

The following conflict dates submitted by Mark Andrew Perry for Apple Inc. have been accepted by the court: 06/06/2022, 06/07/2022, 06/08/2022. [843929] [MJL] [Entered: 04/18/2022 04:18 PM]

MOTION of Appellant Blix Inc. to waive requirement. Service: 04/19/2022 by email. [844069] [21-2203] [Guy Yonay] [Entered: 04/19/2022 01:03 PM]

**TEXT ONLY** ORDER deferring motion to waive requirement [43] to merits panel assigned to hear this case. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [844077] [MJL] [Entered: 04/19/2022 01:21 PM]

The following conflict dates submitted by Guy Yonay for Blix Inc. have been accepted by the court: 07/05/2022, 07/06/2022, 07/07/2022, 07/08/2022, 10/03/2022, 10/04/2022, 10/05/2022, 10/06/2022, 10/07/2022. [844078] [MJL] [Entered: 04/19/2022 01:24 PM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Apple Inc.. Service: 05/11/2022 by email. [849306] [21-2203] [Daniel Swanson] [Entered: 05/11/2022 05:09 PM]

RESPONSE of Appellant Blix Inc. to Doc No. [46]. Service: 05/16/2022 by email. [849955] [21-2203] [Thomas Burt] [Entered: 05/16/2022 12:27 PM]

Amended Entry of appearance for Mark A. Perry as counsel for Appellee Apple Inc.. Service: 05/18/2022 by email. [850522] [21-2203] [Mark Perry] [Entered: 05/18/2022 03:55 PM]

Notice from Appellee Apple Inc. regarding conflicts with oral argument. Service: 06/10/2022 by email. [854835] [21-2203] [Mark Perry] [Entered: 06/10/2022 09:23 AM]

The following conflict dates submitted by Mark Andrew Perry for Apple Inc. have been accepted by the court: 11/01/2022, 11/02/2022, 11/03/2022, 11/04/2022, 11/07/2022. [855003] [MJL] [Entered: 06/10/2022 03:23 PM]

ORDER filed granting motion to permit multiple counsel to represent Blix Inc. at oral argument [43] . Please see order for full details. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [880116] [MVH] [Entered: 10/25/2022 11:35 AM]

Response to notice of oral argument from Appellee Apple Inc.. Service: 10/28/2022 by email. [880897] [21-2203] [Mark Perry] [Entered: 10/28/2022 02:28 PM]

Response to notice of oral argument from Appellant Blix Inc.. Service: 11/04/2022 by email. [882373] [21-2203] [Thomas Burt] [Entered: 11/04/2022 03:58 PM]

Response to notice of oral argument from Appellant Blix Inc.. Service: 11/04/2022 by email. [882384] [21-2203] [David Loewenstein] [Entered: 11/04/2022 04:09 PM]

Corrected Response to notice of oral argument from Appellant Blix Inc.. Service: 11/04/2022 by email. [882425] [21-2203] [David Loewenstein] [Entered: 11/04/2022 06:02 PM]

Notice of Correction to Doc No. [55] for Appellant Blix Inc.. Service: 11/07/2022 by email. [882546] [21-2203] [Guy Yonay] [Entered: 11/07/2022 01:14 PM]

MOTION of Appellant Blix Inc. for leave to file entry of appearance for Thomas H. Burt; David Loewenstein; Guy Yonay; Lillian R. Grinnell; Mark C. Rifkin. Service: 11/07/2022 by email. [882564] [21-2203] [Guy Yonay] [Entered: 11/07/2022 01:57 PM]

ORDER filed granting motion leave to appear as counsel [59] filed by Appellant Blix Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [882687] [MVH] [Entered: 11/08/2022 09:28 AM]

Amended Entry of Appearance for Thomas H. Burt; David Loewenstein; Guy Yonay; Lillian R. Grinnell; Mark C. Rifkin as counsel for Appellant Blix Inc.. Service: 11/09/2022 by email. [883138] [21-2203] [David Loewenstein] [Entered: 11/09/2022 01:16 PM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellant Blix Inc.. Service: 11/18/2022 by email. [884912] [21-2203] [David Loewenstein] [Entered: 11/18/2022 10:43 AM]

MODIFIED ENTRY: RESPONSE of Apple Inc. to Doc No. [62]. Service: 11/29/2022 by email. [886886]--[Edited 11/29/2022 by MJL to correct filing event] [Mark Perry] [Entered: 11/29/2022 10:24 AM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Apple Inc.. Service: 11/29/2022 by email. [886887] [21-2203] [Mark Perry] [Entered: 11/29/2022 10:27 AM]

Mandate issued to the United States District Court for the District of Delaware. Service as of this date by the Clerk of Court. [896633] [MVH] [Entered: 01/12/2023 02:29 PM]

Track Case Updates

APPLE INC.

BLIX INC.

TEXT ONLY ORDER deferring motion to waive requirement [43] to merits panel assigned to hear this case. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [844077] [MJL] [Entered: 04/19/2022 01:21 PM]