Blue Sky Networks, LLC v. Fitbit, Inc.

4:17-cv-06543

Overview

Case Number 4:17-cv-06543

Filing Date 2017-11-10

Status Terminated

Termination Date 2018-06-25

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

Presiding Judge Yvonne Gonzalez Rogers

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Plaintiff

Blue Sky Networks, LLC

Represented By

5 Attorneys Listed

Jennifer Ann Tatum

Taylor Dunham and Burgess LLP

Tel: +1 (512) 473-2257

Fax: +1 (512) 478-4409

301 Congress Avenue, Suite 1050, Austin, TX 78701

David L. Alberti

Feinberg Day Alberti Lim & Belloli LLP

Tel: +1 (650) 618-4360

Fax: +1 (650) 618-4368

1600 El Camino Real, Suite 280

Elizabeth Day

Feinberg Day Alberti & Thompson LLP

Tel: +1 (650) 618-4360

Fax: +1 (650) 618-4368

1600 El Camino Real, Suite 280, Menlo Park, CA 94025

Cabrach John Connor

Connor Lee, PLLC

Tel: +1 (512) 777-1254

609 Castle Ridge Road, Suite 450

Marc Christopher Belloli

Feinberg Day Alberti Lim & Belloli LLP

Tel: +1 (650) 618-4360

Fax: +1 (650) 618-4368

1600 El Camino Real, Suite 280, Menlo Park, CA 94025

Defendant

Fitbit, Inc.

Represented By

3 Attorneys Listed

Timothy Chen Saulsbury

Durie Tangri LLP

Tel: +1 (415) 376-6448

217 Leidesdorff Street, San Francisco, CA 94111

Eugene Novikov

Durie Tangri LLP

Tel: +1 (415) 362-6666

Fax: +1 (415) 236-6300

217 Leidesdorff Street, San Francisco, CA 94111

Clement S. Roberts

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (415) 773-5700

Fax: +1 (415) 773-5759

405 Howard Street, San Francisco, CA 94105-2669

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Yvonne Gonzalez Rogers

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

2017-11-10

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COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

2017-11-10

View

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

2017-11-10

View

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

2017-11-10

View

Blue Sky Networks, LLC v. Fitbit, Inc.

Overview

Parties

Plaintiff

Blue Sky Networks, LLC Follow

Represented By

Defendant

Fitbit, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

COMPLAINT For Patent Infringement against Fitbit, Inc. ( Filing fee $ 400, receipt number 0971-11869617.). Filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

Proposed Summons. (Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

Certificate of Interested Entities by Blue Sky Networks, LLC identifying Corporate Parent Monument Patent Holdings, LLC for Blue Sky Networks, LLC. (Belloli, Marc) (Filed on 11/10/2017) (Entered: 11/10/2017)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/7/2018. Initial Case Management Conference set for 2/14/2018 10:00 AM in Courtroom 7, 4th Floor, San Jose. (sfbS, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017)

Summons Issued as to Fitbit, Inc. (sfbS, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017)

REPORT on the filing or determination of an action regarding Patent Infringement (cc: form mailed to register). (sfbS, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017)

~Util - Case Assigned by Intake

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Blue Sky Networks, LLC.. (Belloli, Marc) (Filed on 11/27/2017) (Entered: 11/27/2017)

NOTICE of Appearance by Clement S. Roberts (Roberts, Clement) (Filed on 11/29/2017) (Entered: 11/29/2017)

STIPULATION re 1 Complaint, Stipulation to Extend Time to Respond to Complaint (L.R. 6-1) filed by Fitbit, Inc.. (Roberts, Clement) (Filed on 11/29/2017) (Entered: 11/29/2017)

Certificate of Interested Entities by Fitbit, Inc. identifying Corporate Parent Fitbit, Inc. for Fitbit, Inc.. (Roberts, Clement) (Filed on 11/29/2017) (Entered: 11/29/2017)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fitbit, Inc... (Roberts, Clement) (Filed on 11/30/2017) (Entered: 11/30/2017)

Clerk's Notice of Impending Reassignment - Text Only

MOTION for leave to appear in Pro Hac Vice Jennifer Tatum Lee ( Filing fee $ 310, receipt number 0971-11971070.) filed by Blue Sky Networks, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Tatum, Jennifer) (Filed on 12/21/2017) (Entered: 12/21/2017)

MOTION for leave to appear in Pro Hac Vice Jennifer Tatum Lee ( Filing fee $ 310, receipt number 0971-11971070.) filed by Blue Sky Networks, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Tatum, Jennifer) (Filed on 12/21/2017) (Entered: 12/21/2017)

MOTION for leave to appear in Pro Hac Vice Cabrach John Connor ( Filing fee $ 310, receipt number 0971-11971426.) filed by Blue Sky Networks, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Connor, Cabrach) (Filed on 12/21/2017) (Entered: 12/21/2017)

MOTION for leave to appear in Pro Hac Vice Cabrach John Connor ( Filing fee $ 310, receipt number 0971-11971426.) filed by Blue Sky Networks, LLC. (Attachments: # 1 Exhibit Certificate of Good Standing)(Connor, Cabrach) (Filed on 12/21/2017) (Entered: 12/21/2017)

ORDER by Judge Yvonne Gonzalez Rogers granting 15 Motion for Pro Hac Vice as to Jennifer Tatum Lee. (fs, COURT STAFF) (Filed on 12/22/2017) (Entered: 12/22/2017)

ORDER by Judge Yvonne Gonzalez Rogers granting 16 Motion for Pro Hac Vice as to Cabrach John Connor. (fs, COURT STAFF) (Filed on 12/22/2017) (Entered: 12/22/2017)

Electronic Filing Error

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Belloli, Marc) (Filed on 1/11/2018) (Entered: 01/11/2018)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Belloli, Marc) (Filed on 1/12/2018) (Entered: 01/12/2018)

ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, January 24, 2018, at 11:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 1/12/2018) (Entered: 01/12/2018)

NOTICE of Appearance by Timothy Chen Saulsbury (Saulsbury, Timothy) (Filed on 1/16/2018) (Entered: 01/16/2018)

STIPULATION to Extend Time to Respond to Complaint (L.R. 6-1) filed by Fitbit, Inc., Blue Sky Networks LLC. (Saulsbury, Timothy) (Filed on 1/18/2018) Modified on 1/19/2018 (cpS, COURT STAFF). (Entered: 01/18/2018)

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT re 24 Stipulation filed by Fitbit, Inc., Blue Sky Networks, LLC. Signed by Judge Yvonne Gonzalez Rogers on 1/19/18. (fs, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018)

ADR Remark: ADR Phone Conference held on 1/24/2018 by Tamara Lange. (af, COURT STAFF) (Filed on 1/24/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/24/2018)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Saulsbury, Timothy) (Filed on 1/24/2018) (Entered: 01/24/2018)

ADR Remark: ADR Phone Conference held

NOTICE by Blue Sky Networks, LLC of Change of Firm Name (Belloli, Marc) (Filed on 1/29/2018) (Entered: 01/29/2018)

ADMINISTRATIVE MOTION To Consider Whether Cases Should Be Related Pursuant to Civil L.R. 3-12 and 7-11 (Unopposed) filed by Blue Sky Networks, LLC. Responses due by 2/2/2018. (Attachments: # 1 Proposed Order)(Belloli, Marc) (Filed on 1/29/2018) (Entered: 01/29/2018)

ADMINISTRATIVE MOTION To Consider Whether Cases Should Be Related Pursuant to Civil L.R. 3-12 and 7-11 (Unopposed) filed by Blue Sky Networks, LLC. Responses due by 2/2/2018. (Attachments: # 1 Proposed Order)(Belloli, Marc) (Filed on 1/29/2018) (Entered: 01/29/2018)

JOINT CASE MANAGEMENT STATEMENT filed by Fitbit, Inc., Blue Sky Networks, LLC. (Saulsbury, Timothy) (Filed on 1/30/2018) Modified on 1/31/2018 (cpS, COURT STAFF). (Entered: 01/30/2018)

NOTICE of Appearance by Eugene Novikov (Novikov, Eugene) (Filed on 1/31/2018) (Entered: 01/31/2018)

ORDER by Judge Yvonne Gonzalez Rogers granting 29 Administrative Motion To Consider Whether Cases Should Be Related and ORDER RELATING CASES 4:17-6543-YGR and 5:17-6567-LHK. (fs, COURT STAFF) (Filed on 2/2/2018) (Entered: 02/02/2018)

Clerk's Notice

FIRST AMENDED COMPLAINT for Patent Infringement against Fitbit, Inc.. Filed byBlue Sky Networks, LLC. (Belloli, Marc) (Filed on 2/15/2018) Modified on 2/16/2018 (cpS, COURT STAFF). (Entered: 02/15/2018)

OPPOSITION/RESPONSE (re 32 MOTION to Dismiss ) filed byBlue Sky Networks, LLC. (Belloli, Marc) (Filed on 2/15/2018) (Entered: 02/15/2018)

JOINT CASE MANAGEMENT STATEMENT filed by Blue Sky Networks, LLC, Fitbit Inc. (Belloli, Marc) (Filed on 2/20/2018) Modified on 2/21/2018 (cpS, COURT STAFF). (Entered: 02/20/2018)

ORDER by Judge Yvonne Gonzalez Rogers denying 32 Motion to Dismiss as Moot. The hearing set for March 13, 2018 is VACATED. (fs, COURT STAFF) (Filed on 2/21/2018) (Entered: 02/21/2018)

NOTICE of Appearance by David L. Alberti for Plaintiff Blue Sky Networks, LLC (Alberti, David) (Filed on 2/22/2018) (Entered: 02/22/2018)

STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to First Amended Complaint filed by Fitbit, Inc.., Blue Sky Networks LLC (Saulsbury, Timothy) (Filed on 2/28/2018) Modified on 3/1/2018 (cpS, COURT STAFF). (Entered: 02/28/2018)

ORDER by Judge Yvonne Gonzalez Rogers granting 40 Joint Stipulation to Extend Time to Respond to First Amended Complaint. (fs, COURT STAFF) (Filed on 3/2/2018) (Entered: 03/02/2018)

TRANSCRIPT ORDER for proceedings held on February 26, 2018 before Judge Yvonne Gonzalez Rogers by Fitbit, Inc., for Court Reporter Diane Skillman. (Roberts, Clement) (Filed on 3/6/2018) (Entered: 03/06/2018)

TRANSCRIPT ORDER for proceedings held on 02/26/2018 before Judge Yvonne Gonzalez Rogers by Blue Sky Networks, LLC, for Court Reporter Diane Skillman. (Belloli, Marc) (Filed on 3/8/2018) (Entered: 03/08/2018)

STIPULATION WITH PROPOSED ORDER re Discovery of Electronically Stored Information filed by Blue Sky Networks, LLC. (Belloli, Marc) (Filed on 3/9/2018) Modified on 3/12/2018 (cpS, COURT STAFF). (Entered: 03/09/2018)

STIPULATION WITH PROPOSED ORDER for Protective Order filed by Blue Sky Networks, LLC., Fibit Inc (Belloli, Marc) (Filed on 3/12/2018) Modified on 3/13/2018 (cpS, COURT STAFF). (Entered: 03/12/2018)

STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS [*AS MODIFIED BY THE COURT*]. Signed by Judge Yvonne Gonzalez Rogers on 3/13/18. (fs, COURT STAFF) (Filed on 3/13/2018) (Entered: 03/13/2018)

STIPULATION AND ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR PATENT LITIGATION. Signed by Judge Yvonne Gonzalez Rogers on 3/14/18. (fs, COURT STAFF) (Filed on 3/14/2018) (Entered: 03/14/2018)

OPPOSITION/RESPONSE (re 51 MOTION to Dismiss First Amended Complaint ) filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit - A Fitbit's Opposition to Alice Motion in Fitbit, Inc. v. Aliphcom, # 2 Proposed Order)(Connor, Cabrach) (Filed on 3/29/2018) (Entered: 03/29/2018)

OPPOSITION/RESPONSE (re 51 MOTION to Dismiss First Amended Complaint ) filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit - A Fitbit's Opposition to Alice Motion in Fitbit, Inc. v. Aliphcom, # 2 Proposed Order)(Connor, Cabrach) (Filed on 3/29/2018) (Entered: 03/29/2018)

OPPOSITION/RESPONSE (re 51 MOTION to Dismiss First Amended Complaint ) filed byBlue Sky Networks, LLC. (Attachments: # 1 Exhibit - A Fitbit's Opposition to Alice Motion in Fitbit, Inc. v. Aliphcom, # 2 Proposed Order)(Connor, Cabrach) (Filed on 3/29/2018) (Entered: 03/29/2018)

REPLY (re 51 MOTION to Dismiss First Amended Complaint ) filed byFitbit, Inc.. (Novikov, Eugene) (Filed on 4/5/2018) (Entered: 04/05/2018)

Appendix A re 53 Reply in Support of Defendant Fitbit, Inc.'s Motion to Dismiss First Amended Complaint filed byFitbit, Inc.. (Related document(s) 53 ) (Novikov, Eugene) (Filed on 4/5/2018) Modified on 4/6/2018 (cpS, COURT STAFF). (Entered: 04/05/2018)

JOINT CASE MANAGEMENT STATEMENT (First Updated) filed by Blue Sky Networks, LLC, Fitbit Inc (Belloli, Marc) (Filed on 4/9/2018) Modified on 4/10/2018 (cpS, COURT STAFF). (Entered: 04/09/2018)

STIPULATION WITH PROPOSED ORDER re Scheduling Order filed by Blue Sky Networks, LLC, Fitbit Inc (Belloli, Marc) (Filed on 4/9/2018) Modified on 4/10/2018 (cpS, COURT STAFF). (Entered: 04/09/2018)

STIPULATION WITH PROPOSED ORDER to Continue Hearing re 51 MOTION to Dismiss First Amended Complaint filed by Fitbit, Inc., Blue Sky Networks LLC. (Attachments: # 1 Declaration of Eugene Novikov)(Novikov, Eugene) (Filed on 4/20/2018) Modified on 4/23/2018 (cpS, COURT STAFF). (Entered: 04/20/2018)

STIPULATION WITH PROPOSED ORDER to Continue Hearing re 51 MOTION to Dismiss First Amended Complaint filed by Fitbit, Inc., Blue Sky Networks LLC. (Attachments: # 1 Declaration of Eugene Novikov)(Novikov, Eugene) (Filed on 4/20/2018) Modified on 4/23/2018 (cpS, COURT STAFF). (Entered: 04/20/2018)

ORDER by Judge Yvonne Gonzalez Rogers granting 58 Stipulation to Continue Hearing on Fitbit's Motion to Dismiss. (fsS, COURT STAFF) (Filed on 4/20/2018) (Entered: 04/20/2018)

Set/Reset Deadlines as to 51 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 4/24/18 is CONTINUED to 5/8/2018 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. (fsS, COURT STAFF) (Filed on 4/20/2018)

TRANSCRIPT ORDER for proceedings held on 05/08/2018 before Judge Yvonne Gonzalez Rogers by Fitbit, Inc., for Court Reporter Diane Skillman. (Roberts, Clement) (Filed on 5/10/2018) (Entered: 05/10/2018)

TRANSCRIPT ORDER for proceedings held on 05/08/2018 before Judge Yvonne Gonzalez Rogers by Blue Sky Networks, LLC, for Court Reporter Diane Skillman. (Belloli, Marc) (Filed on 5/10/2018) (Entered: 05/10/2018)

Notice of Settlement and STIPULATION WITH PROPOSED ORDER to Stay All Deadlines filed by Blue Sky Networks, LLC, Fitbit Inc (Attachments: # 1 Proposed Order)(Belloli, Marc) (Filed on 5/24/2018) Modified on 5/24/2018 (cpS, COURT STAFF). (Entered: 05/24/2018)

Blue Sky Networks, LLC

Fitbit, Inc.

STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS [AS MODIFIED BY THE COURT]. Signed by Judge Yvonne Gonzalez Rogers on 3/13/18. (fs, COURT STAFF) (Filed on 3/13/2018) (Entered: 03/13/2018)