Blue Spike, LLC v. Adobe Systems, Inc.

4:14-cv-01647

Overview

Case Number 4:14-cv-01647

Filing Date 2014-04-10

Status Terminated

Termination Date 2015-06-02

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 Both

Parties

Defendant

SoundHound, Inc.

Represented By

1 Attorneys Listed

Bryan A. Kohm

Fenwick & West LLP

Tel: +1 (415) 875-2300

Fax: +1 (415) 281-1350

555 California Street, 12th Floor, San Francisco, CA 94104

Blue Spike, LLC

Represented By

10 Attorneys Listed

Randall T. Garteiser

Garteiser Honea PLLC

Tel: +1 (903) 705-7420

Fax: +1 (888) 908-4400

119 W. Ferguson Street, Tyler, TX 75702

Peter Stuart Brasher

Garteiser Honea

Tel: +1 (415) 785-3762

Garteiser Honea, 44 N San Pedro Rd.

Eric Miller Albritton

Albritton Law Firm

Tel: +1 (903) 757-8449

Fax: +1 (903) 758-7397

P.O. Box 2649, Longview, Tx 75606

Christopher S Johns

Johns Marrs Ellis & Hodge LLP

Tel: +1 (512) 215-4078

Fax: +1 (512) 628-7169

300 West Sixth Street, Suite 1950

Christopher Alan Honea

Garteiser Honea, P.C.

Tel: +1 (415) 785-3762

Fax: +1 (415) 785-3805

44 N. San Pedro Road, San Rafael, CA 94903

Randall Garteiser

Garteiser Honea, P.C.

Tel: +1 (415) 568-0553

Fax: +1 (415) 785-3805

44 N. San Pedro Road, San Rafael, CA 94903

Christopher A Honea

Garteiser Honea PLLC

Tel: +1 (903) 705-7420

Fax: +1 (888) 908-4400

218 N. College Ave, Tyler, TX 75702

Stephen Eugene Edwards

Blank Rome LLP

Fax: +1 (713) 228-6605

717 Texas Avenue, Suite 1400

Michael A Benefield

Williams Morgan & Amerson PC

Fax: +1 (713) 934-7011

10333 Richmond Ave, Suite 1100

Ian Nicholas Ramage

Garteiser Honea PC

Tel: +1 (888) 908-4400

218 N. College Ave., Tyler, TX 75707

Adobe Systems, Inc.

Represented By

3 Attorneys Listed

Eugene Y. Mar

Farella Braun & Martel LLP

Tel: +1 (415) 954-4927

Fax: +1 (415) 954-4480

235 Montgomery Street, 17th Floor, San Francisco, CA 94104

Daniel Chilton Callaway

Farella Braun Martel LLP

Tel: +1 (415) 954-4924

Fax: +1 (415) 954-4480

235 Montgomery Street, 17th Floor

Jeffrey M. Fisher

Farella Braun & Martel LLP

Tel: +1 (415) 954-4400

Fax: +1 (415) 954-4480

235 Montgomery Street, 17th Floor, San Francisco, CA 94104

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Yvonne Gonzalez Rogers

Patents Involved

4 Patents

There are 4 patents involved in this case.

Application Number	Patent Number	External Links
-	US8214175	Espacenet Google Patents
-	US7949494	Espacenet Google Patents
-	US7660700	Espacenet Google Patents
-	US7346472	Espacenet Google Patents

Docket Entries

COMPLAINT against Blue Spike, LLC ( Filing fee $ 350 receipt number 0540-3742454.), filed by Blue Spike, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Patent 8214175, # 3 Exhibit B - Patent 7949494, # 4 Exhibit C - Patent 7660700, # 5 Exhibit D - Patent 7346472)(Albritton, Eric) (Entered: 08/22/2012)

2012-08-22

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Albritton, Eric) (Entered: 08/22/2012)

2012-08-22

View

CORPORATE DISCLOSURE STATEMENT filed by Blue Spike, LLC (Albritton, Eric) (Entered: 08/22/2012)

2012-08-22

View

NOTICE of Attorney Appearance by Stephen Edwards on behalf of Blue Spike, LLC (Edwards, Stephen) (Entered: 08/22/2012)

2012-08-22

View

Blue Spike, LLC v. Adobe Systems, Inc.

Overview

Parties

Defendant

SoundHound, Inc. Follow

Represented By

Blue Spike, LLC Follow

Represented By

Adobe Systems, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Albritton, Eric) (Entered: 08/22/2012)

CORPORATE DISCLOSURE STATEMENT filed by Blue Spike, LLC (Albritton, Eric) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Stephen Edwards on behalf of Blue Spike, LLC (Edwards, Stephen) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Michael A. Benefield on behalf of Blue Spike, LLC (Benefield, Michael) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Michael A. Benefield on behalf of Blue Spike, LLC (Benefield, Michael) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Christopher S Johns on behalf of Blue Spike, LLC (Johns, Christopher) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Christopher A Honea on behalf of Blue Spike, LLC (Honea, Christopher) (Entered: 08/22/2012)

NOTICE of Attorney Appearance by Randall T Garteiser on behalf of Blue Spike, LLC (Garteiser, Randall) (Entered: 08/22/2012)

Judge Leonard Davis added. (mll, )

SUMMONS Issued as to Adobe Systems, Inc. and emailed to pltf for service. (klb) (Entered: 09/21/2012)

This Civil Action is CONSOLIDATED with cause 6:12cv499, which is designated as the Lead Case. All future pleadings, except for venue motions, should be filed in the Lead Case. (mll, )

Order reassigning this case to United States District Judge Michael H. Schneider per General Order 13-3. Please see Appendix D: Addendum Regarding Cases Assigned to Judge Schneider. Judge Leonard Davis no longer assigned to the case. (mjc, ) (Entered: 01/15/2013)

Interdistrict transfer to the Northern District of California. (mjc, )

Case transferred in from District of Texas Eastern; Case Number 6:12-cv-00564. Original file certified copy of transfer order and docket sheet received. Modified on 4/14/2014 (vlkS, COURT STAFF). (Entered: 04/14/2014)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/23/2014. Case Management Conference set for 7/30/2014 01:30 PM. (vlkS, COURT STAFF) (Filed on 4/10/2014) (Entered: 04/14/2014)

CLERKS NOTICE re transfer of case (vlkS, COURT STAFF) (Filed on 4/14/2014) (Entered: 04/14/2014)

NOTICE of Appearance by Jeffrey M. Fisher (Fisher, Jeffrey) (Filed on 4/21/2014) (Entered: 04/21/2014)

NOTICE of Appearance by Eugene Y. Mar (Mar, Eugene) (Filed on 4/21/2014) (Entered: 04/21/2014)

NOTICE of Appearance by Daniel Chilton Callaway (Callaway, Daniel) (Filed on 4/21/2014) (Entered: 04/21/2014)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Adobe Systems, Inc... (Mar, Eugene) (Filed on 4/30/2014) (Entered: 04/30/2014)

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (vlkS, COURT STAFF) (Filed on 4/30/2014) (Entered: 04/30/2014)

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on May 1, 2014. (cjlS, COURT STAFF) (Filed on 5/1/2014) (Entered: 05/01/2014)

NOTICE of Appearance of Ian Nicholas Ramage (Ramage, Ian) (Filed on 5/9/2014) Modified on 5/12/2014 (bw, COURT STAFF). (Entered: 05/09/2014)

NOTICE of Appearance by Peter Stuart Brasher on behalf of Blue Spike, LLC (Brasher, Peter) (Filed on 5/19/2014) (Entered: 05/19/2014)

NOTICE of Appearance by Randall Garteiser on behalf of Blue Spike, LLC (Garteiser, Randall) (Filed on 5/19/2014) (Entered: 05/19/2014)

NOTICE of Appearance by Christopher Alan Honea on behalf of Blue Spike, LLC (Honea, Christopher) (Filed on 5/19/2014) (Entered: 05/19/2014)

ORDER RELATING CASES C-13-1105-YGR; C-14-1647-BLF; C-14-1648-RS; C-14-1649-KAW and C-14-1650-JD. Signed by Judge Yvonne Gonzalez Rogers on 6/11/14. (fs, COURT STAFF) (Filed on 6/11/2014) (Entered: 06/11/2014)

Case reassigned to Judge Hon. Yvonne Gonzalez Rogers. Judge Hon. Beth Labson Freeman no longer assigned to the case. (cpS, COURT STAFF) (Filed on 6/11/2014)

AMENDED CLERKS NOTICE [amended to reflect the correct year of the case as to: 4:13-CV-1105-YGR] (fs, COURT STAFF) (Filed on 6/19/2014) (Entered: 06/24/2014)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Fisher, Jeffrey) (Filed on 7/11/2014) (Entered: 07/11/2014)

JOINT CASE MANAGEMENT STATEMENT ON BEHALF OF ALL PARTIES filed by SoundHound, Inc., Adobe Systems Inc. (Kohm, Bryan) (Filed on 7/22/2014) Modified on 7/23/2014 (cpS, COURT STAFF). (Entered: 07/22/2014)

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Fisher, Jeffrey) (Filed on 7/28/2014) (Entered: 07/28/2014)

ADR Clerks Notice Setting ADR Phone Conference on Tuesday, August 5, 2014 at 11:30 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 7/29/2014) (Entered: 07/29/2014)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Garteiser, Randall) (Filed on 7/30/2014) (Entered: 07/30/2014)

TRANSCRIPT ORDER by Adobe Systems, Inc. for Court Reporter Diane Skillman. (Callaway, Daniel) (Filed on 7/30/2014) (Entered: 07/30/2014)

STIPULATION WITH PROPOSED ORDER re proposed schedule filed by Adobe Systems, Inc., Blue Spike LLC, SoundHound Inc. (Lee, Nicholas) (Filed on 7/31/2014) Modified on 8/1/2014 (cpS, COURT STAFF). (Entered: 07/31/2014)

ADR Remark: ADR Phone Conference held by Howard A. Herman Director, ADR Program on 8/5/2014. A further ADR Phone Conference is scheduled on 10/22/2014 at 10:00 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 8/6/2014)

AMENDED COMPLAINT against Adobe Systems, Inc.. Filed byBlue Spike, LLC. (Garteiser, Randall) (Filed on 9/15/2014) (Entered: 09/15/2014)

STIPULATION WITH PROPOSED ORDER Regarding Discovery of Electronically Stored Information (Joint ESI Order) filed by Adobe Systems, Inc., Blue Spike, LLC., SoundHound, Inc., (Lee, Nicholas) (Filed on 10/2/2014) Modified on 10/3/2014 (cpS, COURT STAFF). (Entered: 10/02/2014)

Answer to Amended Complaint 43 Amended Complaint for Patent Infringement, Defenses, COUNTERCLAIM against Adobe Systems, Inc. byAdobe Systems, Inc.. (Fisher, Jeffrey) (Filed on 10/2/2014) (Entered: 10/02/2014)

ANSWER TO COUNTERCLAIM 45 Answer to Amended Complaint, Counterclaim byBlue Spike, LLC. (Garteiser, Randall) (Filed on 10/20/2014) (Entered: 10/20/2014)

ADR Remark: ADR Phone Conference held by Howard A. Herman Director, ADR Program on 10/22/2014. A further ADR Phone Conference is scheduled on 12/16/2014 at 11:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 10/23/2014)

ORDER RE DISCOVERY DISPUTE. Signed by Magistrate Judge Jacqueline Scott Corley on 12/9/2014 (ahm, COURT STAFF) (Filed on 12/9/2014) (Entered: 12/09/2014)

ADR Remark: ADR Phone Conference held by Howard A. Herman Director, ADR Program on 12/16/2014. A further ADR Phone Conference is scheduled on 2/2/2015 at 11:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 12/16/2014)

RESPONSE (re 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery ) filed byBlue Spike, LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Garteiser, Randall) (Filed on 12/29/2014) (Entered: 12/29/2014)

RESPONSE (re 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery ) filed byBlue Spike, LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Garteiser, Randall) (Filed on 12/29/2014) (Entered: 12/29/2014)

RESPONSE (re 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery ) filed byBlue Spike, LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Garteiser, Randall) (Filed on 12/29/2014) (Entered: 12/29/2014)

RESPONSE (re 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery ) filed byBlue Spike, LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Garteiser, Randall) (Filed on 12/29/2014) (Entered: 12/29/2014)

REPLY (re 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery ) filed byAdobe Systems, Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Fisher, Jeffrey) (Filed on 1/5/2015) (Entered: 01/05/2015)

Set/Reset Deadlines as to 51 MOTION to Strike Plaintiff Blue Spike, LLC's Infringement Contentions and Stay Discovery. Motion Hearing reset for 1/22/2015 08:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 1/13/2015)

ORDER by Magistrate Judge Jacqueline Scott Corley granting 51 Motion to Strike (ahm, COURT STAFF) (Filed on 1/26/2015) (Entered: 01/26/2015)

** FILED IN ERROR - DISREGARD **TRANSCRIPT ORDER by Adobe Systems, Inc. for Court Reporter FTR - San Francisco. (Callaway, Daniel) (Filed on 1/26/2015) Modified on 1/27/2015 (djc, COURT STAFF). (Entered: 01/26/2015)

TRANSCRIPT ORDER by Adobe Systems, Inc. for Court Reporter FTR - San Francisco. (Callaway, Daniel) (Filed on 1/27/2015) (Entered: 01/27/2015)

ADR Remark: ADR Phone Conference held by Howard A. Herman Director, ADR Program on 8/5/2014, 10/22/2014, 12/16/2014, and 2/2/2015. A further ADR Phone Conference is scheduled on 3/9/2015 at 11:30 AM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 2/3/2015)

ADR Remark: The ADR Phone Conference that was scheduled for 3/9/15 has been rescheduled to 4/28/15 at 10:00 a.m. Dial-in information remains the same. (tjs, COURT STAFF) (Filed on 3/6/2015)

ORDER by Judge Yvonne Gonzalez Rogers denying 64 Administrative Motion to File Under Seal without Prejudice (fs, COURT STAFF) (Filed on 3/27/2015) (Entered: 03/27/2015)

ADR Remark: The ADR Phone Conference previously scheduled on 4/28/2015 has been rescheduled to 5/27/2015 at 2:00 PM Pacific time. The call-in information remains the same. (af, COURT STAFF) (Filed on 4/24/2015)

ADR Remark

CLERK'S NOTICE VACATING THE FRIDAY, MAY 1, 2015 AT 10:00AM STATUS CONFERENCE AND TUTORIAL IN THIS CASE. (This is a text-only entry generated by the court. There is no document associated with this entry.) (fs, COURT STAFF) (Filed on 4/27/2015) (Entered: 04/27/2015)

Clerk's Notice

REPLY (re 61 MOTION to Dismiss [Without Prejudice] ) filed byBlue Spike, LLC. (Attachments: # 1 Declaration of Christopher Honea, # 2 Declaration of Randall Garteiser)(Garteiser, Randall) (Filed on 4/30/2015) (Entered: 04/30/2015)

ORDER RE: MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for Friday, 5/15/2015 09:01 AM. Show Cause Response due by 5/11/2015. Signed by Judge Yvonne Gonzalez Rogers on 5/4/15. (fsS, COURT STAFF) (Filed on 5/4/2015) (Entered: 05/04/2015)

RESPONSE TO ORDER TO SHOW CAUSE by Blue Spike, LLC . (Garteiser, Randall) (Filed on 5/11/2015) (Entered: 05/11/2015)

ORDER RE: COUNTERCLAIMS. Signed by Judge Yvonne Gonzalez Rogers on May 20, 2015. (ygrlc4, COURT STAFF) (Filed on 5/20/2015) (Entered: 05/20/2015)

ADR Remark: The ADR Phone Conference previously scheduled on 5/27/2015 at 2:00 PM Pacific time is vacated/off calendar. (af, COURT STAFF) (Filed on 5/27/2015)

ADR Remark

Proposed Final Judgment by Adobe Systems, Inc.. (Mar, Eugene) (Filed on 5/28/2015) Modified on 5/29/2015 (cpS, COURT STAFF). (Entered: 05/28/2015)

SoundHound, Inc.

Blue Spike, LLC

Adobe Systems, Inc.

FILED IN ERROR - DISREGARD TRANSCRIPT ORDER by Adobe Systems, Inc. for Court Reporter FTR - San Francisco. (Callaway, Daniel) (Filed on 1/26/2015) Modified on 1/27/2015 (djc, COURT STAFF). (Entered: 01/26/2015)

DISREGARD, INCORRECT EVENT USED. DOCUMENT TO BE REFILEDNOTICE by Blue Spike, LLC re 80 Judgment, Terminated Case [Notice of Appeal] (Garteiser, Randall) (Filed on 7/2/2015) Modified on 7/6/2015 (kcS, COURT STAFF). (Entered: 07/02/2015)

FILED IN ERROR. DOCUMENT RE-FILED AT DOCUMENT # 95 RESPONSE (re 83 MOTION for Attorney Fees ) filed byBlue Spike, LLC. (Attachments: # 1 Proposed Order)(Garteiser, Randall) (Filed on 7/14/2015) Modified on 7/15/2015 (cpS, COURT STAFF). (Entered: 07/14/2015)