Blue Spike LLC v. Charter Communications, Inc.

Application Number	Patent Number	External Links
-	US7475246	Espacenet Google Patents
-	US8538011	Espacenet Google Patents
-	US7159116	Espacenet Google Patents
-	US8739295	Espacenet Google Patents
-	US9934408	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Charter Communications, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2554560.) - filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd.. (Attachments: # 1 Exhibit A-L, # 2 Exhibit 1-23, # 3 Civil Cover Sheet)(sar). (Entered: 01/28/2019)

2019-01-28

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 01/28/2019)

2019-01-28

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,475,246 B1 ;US 8,538,011 B2 ;US 7,159,116 B2 ;US 8,739,295 B2 ;US 9,934,408 B2. (sar) (Entered: 01/28/2019)

2019-01-28

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Summons Issued with Magistrate Consent Notice attached as to Charter Communications, Inc. on 1/28/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)

2019-01-28

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Blue Spike, Inc. for Blue Spike International Ltd. filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 01/29/2019)

2019-01-29

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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:19-cv-00158-LPS, 1:19-cv-00159-LPS, 1:19-cv-00160-LPS, 1:19-cv-00161-LPS (rjb)

2019-01-30

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ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 2/1/19. Associated Cases: 1:19-cv-00158-LPS, 1:19-cv-00159-LPS, 1:19-cv-00160-LPS, 1:19-cv-00161-LPS (ntl) (Entered: 02/01/2019)

2019-02-01

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PROPOSED ORDER Procedures Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 02/08/2019)

2019-02-08

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SO ORDERED D.I. (6 in 1:19-cv-00161-LPS-CJB, 6 in 1:19-cv-00160-LPS-CJB, 6 in 1:19-cv-00159-LPS-CJB, 6 in 1:19-cv-00158-LPS-CJB) Proposed Procedures Order filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 2/11/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB, 1:19-cv-00161-LPS-CJB(dlb)

2019-02-11

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SUMMONS Returned Executed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd.. Charter Communications, Inc. served on 4/5/2019, answer due 4/26/2019. (Devlin, Timothy) (Entered: 04/08/2019)

2019-04-08

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STIPULATION TO EXTEND TIME for Defendant Charter Communications, Inc. to move, answer, or otherwise respond to the Complaint to May 28, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 04/11/2019)

2019-04-11

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~Util - Set/Reset Answer Deadline

2019-04-12

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SO ORDERED

2019-04-12

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SO ORDERED D.I. 8 STIPULATION TO EXTEND TIME for Defendant Charter Communications, Inc. to move, answer, or otherwise respond to the Complaint to May 28, 2019 filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 4/12/2019. (dlb)

2019-04-12

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MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and John J. Lucas - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 04/22/2019)

2019-04-22

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SO ORDERED

2019-04-24

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SO ORDERED D.I. 9 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and John J. Lucas filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 4/24/2019. (dlb)

2019-04-24

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Add Attorneys - PHV only

2019-05-06

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Pro Hac Vice Attorneys John J. Lucas and Thomas L. Duston for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf)

2019-05-06

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MOTION for Pro Hac Vice Appearance of Attorney Kevin D. Hogg - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/07/2019)

2019-05-07

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SO ORDERED, D.I. 10 MOTION for Pro Hac Vice Appearance of Attorney Kevin D. Hogg filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/20/2019. (dlb)

2019-05-20

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SO ORDERED

2019-05-20

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Add Attorneys - PHV only

2019-05-22

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Pro Hac Vice Attorney Kevin D. Hogg for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp)

2019-05-22

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NOTICE of Change of Address by Timothy Devlin (Devlin, Timothy) (Entered: 05/23/2019)

2019-05-23

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MOTION for Pro Hac Vice Appearance of Attorney Raymond R. Ricordati III - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/24/2019)

2019-05-24

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STIPULATION to Extend Page Limits by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/24/2019)

2019-05-24

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SO ORDERED

2019-05-24

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SO ORDERED D.I. 12 MOTION for Pro Hac Vice Appearance of Attorney Raymond R. Ricordati III filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/24/2019. (dlb)

2019-05-24

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STIPULATION TO EXTEND TIME to extend time to answer complaint to June 4, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/28/2019)

2019-05-28

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Pro Hac Vice Attorney Raymond R. Ricordati, III for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)

2019-05-28

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SO ORDERED

2019-05-28

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Add Attorneys - PHV only

2019-05-28

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SO ORDERED D.I. 13 Stipulation to Extend Page Limits filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/28/2019. (mlc)

2019-05-28

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SO ORDERED D.I. 14 STIPULATION TO EXTEND TIME to extend time to answer complaint to June 4, 2019 filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/28/2019. (mlc)

2019-05-28

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Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist to - filed by Blue Spike International Ltd., Blue Spike LLC. (Devlin, Timothy) (Entered: 05/29/2019)

2019-05-29

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SO ORDERED

2019-05-30

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SO ORDERED D.I. (15 in 1:19-cv-00160-LPS-CJB, 16 in 1:19-cv-00159-LPS-CJB, 10 in 1:19-cv-00161-LPS-CJB, 15 in 1:19-cv-00158-LPS-CJB) Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist to filed by Blue Spike LLC, Blue Spike International Ltd. Ordered by Judge Christopher J. Burke on 5/30/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB, 1:19-cv-00161-LPS-CJB(mlc)

2019-05-30

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MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by Charter Communications, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) (Entered: 05/31/2019)

2019-05-31

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OPENING BRIEF in Support re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Charter Communications, Inc..Answering Brief/Response due date per Local Rules is 6/14/2019. (Farnan, Kelly) (Additional attachment(s) added on 6/3/2019: # 1 Exhibit 1 and 2) (nmg). (Entered: 05/31/2019)

2019-05-31

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Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Liberty Broadband Corporation for Charter Communications, Inc. filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/31/2019)

2019-05-31

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MOTION REFERRED: 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) Motion referred to Christopher J. Burke.(dlb)

2019-05-31

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ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule a Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb) (Entered: 06/03/2019)

2019-06-03

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ORAL ORDER: The Oral Order issued 6/3/2019 regarding the deadline for filing of Case Management documents is amended so that the deadline in this case is extended until the Court has set a deadline to submit such filings in all of related cases noted in D.I. 15 Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist. Ordered by Judge Christopher J. Burke on 6/3/2019. (dlb) (Entered: 06/03/2019)

2019-06-03

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Motions Referred

2019-06-03

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Oral Order

2019-06-03

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ANSWERING BRIEF in Opposition re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..Reply Brief due date per Local Rules is 6/21/2019. (Devlin, Timothy) (Entered: 06/14/2019)

2019-06-14

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DECLARATION re 21 Answering Brief in Opposition, of Dr. Wenke Lee by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit A)(Devlin, Timothy) (Entered: 06/14/2019)

2019-06-14

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STIPULATION TO EXTEND TIME re: Defendants Reply Brief in Support of Motion to Dismiss to June 26, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 06/21/2019)

2019-06-21

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SO ORDERED D.I. 23 STIPULATION TO EXTEND TIME for filing Defendants Reply Brief in Support of Motion to Dismiss to June 26, 2019. Ordered by Judge Christopher J. Burke on 6/21/2019. (dlb)

2019-06-21

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Order Setting Briefing Schedule - open, ans, reply, surreply

2019-06-21

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SO ORDERED

2019-06-21

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Miscellaneous Hearing

2019-06-24

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REPLY BRIEF re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 06/26/2019)

2019-06-26

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REQUEST for Oral Argument by Charter Communications, Inc. re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6). (Farnan, Kelly) (Entered: 06/27/2019)

2019-06-27

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ORDER: An Oral Argument is set for 11/26/2019 at 4:00 PM (20 minutes per side) in Courtroom 6B before Judge Leonard P. Stark and Judge Christopher J. Burke re 16 MOTION to Dismiss. Signed by Judge Leonard P. Stark on 10/28/19. (ntl) (Entered: 10/28/2019)

2019-10-28

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Motion No Longer Referred to Judge Burke: 16 MOTION to Dismiss. (ntl)

2019-10-28

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Motions No Longer Referred

2019-10-28

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ORAL ORDER: With regard to the Court's Order dated October 28, 2019, (D.I. 26), setting oral argument on Defendant's motion to dismiss, (D.I. 16) (the "Motion"), the Court clarifies that it will hear argument on all portions of the Motion, including both those relating to subject matter eligibility under 35 U.S.C. § 101 and to the plausibility/factual sufficiency of Plaintiff's allegations under Federal Rule of Civil Procedure 12(b)(6). ORDERED by Judge Leonard P. Stark on 11/7/19. (ntl) (Entered: 11/07/2019)

2019-11-07

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Order

2019-11-07

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Letter to The Honorable Leonard P. Stark from Timothy Devlin regarding Plaintiffs' response to questions identified in the Section 101 Motions Pre-Hearing Checklist - re 26 Order, Set Hearings. (Devlin, Timothy) (Entered: 11/19/2019)

2019-11-19

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Letter to Honorable Leonard P. Stark from Kelly E. Farnan regarding Letter Brief in Support of Motion to Dismiss pursuant to Order of October 28, 2019 - re 26 Order, Set Hearings. (Farnan, Kelly) (Entered: 11/19/2019)

2019-11-19

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ORAL ORDER: IT IS HEREBY ORDERED that the oral argument on Tuesday, November 26 will begin at 10:30 a.m. Each side will be allocated thirty (30) minutes for its presentation. The parties are advised that it may be necessary for at least one attorney for each side to return to the courtroom later on Tuesday, potentially for additional argument and/or a bench ruling. IT IS FURTHER ORDERED that the hearing will be held in Courtroom 2A. ORDERED by Judge Leonard P. Stark on 11/25/19. (ntl) (Entered: 11/25/2019)

2019-11-25

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~Util - Set Hearings

2019-11-25

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Order

2019-11-25

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ORAL ORDER: IT IS HEREBY ORDERED that the hearing today will begin at 11:30 AM. ORDERED by Judge Leonard P. Stark on 11/26/19. (ntl) (Entered: 11/26/2019)

2019-11-26

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Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Christopher J. Burke - Oral Argument held on 11/26/2019. (Court Reporter B. Gaffigan.) (ntl)

2019-11-26

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~Util - Set Hearings

2019-11-26

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Order

2019-11-26

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Oral Argument

2019-11-26

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Joint STIPULATION and [Proposed] Order for Scheduling Change re Oral Argument by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Lennon, James) (Entered: 12/03/2019)

2019-12-03

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SO ORDERED, re 32 Joint STIPULATION and [Proposed] Order for Scheduling Change filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Signed by Judge Leonard P. Stark on 12/9/19. (ntl)

2019-12-09

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SO ORDERED

2019-12-09

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Letter to Honorable Leonard P. Stark from Timothy Devlin regarding Packet Transfer patents - re 32 Stipulation. (Devlin, Timothy) (Entered: 12/12/2019)

2019-12-12

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Official Transcript of Oral Argument Hearing held on November 26, 2019 before Chief Judge Leonard P. Stark and Judge Christopher J. Burke. Court Reporter Brian Gaffigan, Email: Brian_Gaffigan@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/3/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/12/2020.(bpg) (Entered: 12/13/2019)

2019-12-13

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MEMORANDUM ORDER re 16 MOTION to Dismiss filed by Charter Communications, Inc. is GRANTED in part and DENIED in part. Signed by Judge Leonard P. Stark on 12/18/19. (ntl)

2019-12-18

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Oral Order Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that the Court will hold a Case Management/Scheduling Conference (CMC) on January 21, 2020 at 10:30 a.m. in these cases. In preparation, the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). By no later than close of business on January 16, 2020, the parties shall jointly file their submissions in accordance with the Courts previous Order for CMC submissions (see, e.g., Civil Action No. 19-158-LPS-CJB, D.I. 19). Ordered by Judge Christopher J. Burke on 12/23/2019. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB, 1:19-cv-00160-LPS-CJB(dlb) (Entered: 12/23/2019)

2019-12-23

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Letter to The Honorable Leonard P. Stark from Kelly E. Farnan regarding Packet Transfer Patents - re 32 Stipulation. (Farnan, Kelly) (Entered: 12/23/2019)

2019-12-23

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Order Setting Scheduling Conference

2019-12-23

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Letter to Judge Stark from Plaintiffs Blue Spike LLC, Blue Spike International Ltd., and Wistaria Trading Ltd. regarding Reply Letter Brief - re 32 Stipulation. (Devlin, Timothy) (Entered: 12/30/2019)

2019-12-30

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Joint Letter to The Honorable Leonard P. Stark from Timothy Devlin, Kelly E. Farnan, Arthur G. Connolly, and Rodger D. Smith, II regarding Rule 26(f) Joint Letter. (Attachments: # 1 Proposed Scheduling Order, # 2 Case Management Checklist)(Devlin, Timothy) (Entered: 01/16/2020)

2020-01-16

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Minute Entry for proceedings held before Judge Christopher J. Burke - Case Management/Scheduling Conference held on 1/21/2020. The Court provided key dates and asked counsel for Plaintiffs to submit a revised proposed scheduling order by no later than close of business on January 24. (Court Reporter, Valerie Gunning) (Clerk, Benyo) APPEARANCES: T. Devlin, J. Lennon, V. Schad for Plaintiffs; K. Farnan, T. Duston, R. Ricordati III for Charter Communications Inc.; A. Connolly, D. Goettle for Comcast Cable Communications LLC. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)

2020-01-21

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Scheduling Conference

2020-01-21

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PROPOSED ORDER Scheduling Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 01/24/2020)

2020-01-24

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 3/15/2021. Opening Expert Reports due by 6/15/2021. Rebuttal Expert Reports due by 7/13/2021. Status Report due by 8/1/2020. Dispositive Motions due by 10/5/2021. A Motion Hearing is set for 1/4/2022 at 03:00 PM in Courtroom 6B before Judge Leonard P. Stark Claim Construction Opening Brief due by 12/18/2020. Claim Construction Answering Brief due by 1/8/2021. Claim Construction Reply Brief due by 1/21/2021. A Markman Hearing is set for 3/22/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Pretrial Conference is set for 7/29/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Jury Trial is set for 8/15/2022 at 09:30 AM in Courtroom 6B before Judge Leonard P. Stark. See Order for further details and deadlines. Signed by Judge Christopher J. Burke on 1/24/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb) (Entered: 01/27/2020)

2020-01-27

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ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 1/27/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb) (Entered: 01/27/2020)

2020-01-27

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CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(cak)

2020-01-27

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Case Referred to Mediation - Magistrate Judge only

2020-01-27

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Oral Order

2020-01-27

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NOTICE of Supplemental Authority re D.I. 16 Motion to Dismiss by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd. (Attachments: # 1 Exhibit A)(Devlin, Timothy) (Entered: 01/31/2020)

2020-01-31

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STIPULATION TO EXTEND TIME for the parties to submit the protective order to February 28, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 02/14/2020)

2020-02-14

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SO ORDERED D.I. (26 in 1:19-cv-00159-LPS-CJB, 44 in 1:19-cv-00158-LPS-CJB) STIPULATION TO EXTEND TIME for the parties to submit the protective order to February 28, 2020 filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 2/14/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)

2020-02-14

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SO ORDERED

2020-02-14

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STIPULATION TO EXTEND TIME TO SUBMIT PROTECTIVE ORDER to March 6, 2020 - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 02/28/2020)

2020-02-28

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SO ORDERED D.I. (27 in 1:19-cv-00159-LPS-CJB)(45 in 1:19-cv-00158-LPS-CJB) STIPULATION TO EXTEND TIME TO SUBMIT PROTECTIVE ORDER to March 6, 2020. Ordered by Judge Christopher J. Burke on 2/28/2020. Associated Cases: 1:19-cv-00158-LPS-CJB, 1:19-cv-00159-LPS-CJB(dlb)

2020-02-28

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SO ORDERED

2020-02-28

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Joint MOTION to Stay All Deadlines and Notice of Resolution - filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 03/06/2020)

2020-03-06

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SO ORDERED D.I. 46 Joint MOTION to Stay All Deadlines and Notice of Resolution filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Ordered by Judge Christopher J. Burke on 3/6/2020. (dlb)

2020-03-06

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Case Stayed (dlb)

2020-03-06

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Case Stayed

2020-03-06

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SO ORDERED

2020-03-06

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STIPULATION of Dismissal by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 04/09/2020)

2020-04-09

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~Util - Terminate Civil Case

2020-04-16

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SO ORDERED

2020-04-16

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SO ORDERED, re 47 Stipulation of Dismissal filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd., ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 4/13/20. (ntl)

2020-04-16

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Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 06/16/2021)

2021-06-16

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Overview

Parties

Defendant

Charter Communications, Inc. Follow

Represented By

Plaintiff

Wistaria Trading Ltd. Follow

Represented By

Blue Spike International Ltd. Follow

Represented By

Blue Spike LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sar) (Entered: 01/28/2019)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,475,246 B1 ;US 8,538,011 B2 ;US 7,159,116 B2 ;US 8,739,295 B2 ;US 9,934,408 B2. (sar) (Entered: 01/28/2019)

Summons Issued with Magistrate Consent Notice attached as to Charter Communications, Inc. on 1/28/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (sar)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Blue Spike, Inc. for Blue Spike International Ltd. filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 01/29/2019)

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:19-cv-00158-LPS, 1:19-cv-00159-LPS, 1:19-cv-00160-LPS, 1:19-cv-00161-LPS (rjb)

PROPOSED ORDER Procedures Order by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Devlin, Timothy) (Entered: 02/08/2019)

SUMMONS Returned Executed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd.. Charter Communications, Inc. served on 4/5/2019, answer due 4/26/2019. (Devlin, Timothy) (Entered: 04/08/2019)

STIPULATION TO EXTEND TIME for Defendant Charter Communications, Inc. to move, answer, or otherwise respond to the Complaint to May 28, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 04/11/2019)

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SO ORDERED

SO ORDERED D.I. 8 STIPULATION TO EXTEND TIME for Defendant Charter Communications, Inc. to move, answer, or otherwise respond to the Complaint to May 28, 2019 filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 4/12/2019. (dlb)

MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and John J. Lucas - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 04/22/2019)

SO ORDERED

SO ORDERED D.I. 9 MOTION for Pro Hac Vice Appearance of Attorney Thomas L. Duston and John J. Lucas filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 4/24/2019. (dlb)

Add Attorneys - PHV only

Pro Hac Vice Attorneys John J. Lucas and Thomas L. Duston for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (amf)

MOTION for Pro Hac Vice Appearance of Attorney Kevin D. Hogg - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/07/2019)

SO ORDERED, D.I. 10 MOTION for Pro Hac Vice Appearance of Attorney Kevin D. Hogg filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/20/2019. (dlb)

SO ORDERED

Add Attorneys - PHV only

Pro Hac Vice Attorney Kevin D. Hogg for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp)

NOTICE of Change of Address by Timothy Devlin (Devlin, Timothy) (Entered: 05/23/2019)

MOTION for Pro Hac Vice Appearance of Attorney Raymond R. Ricordati III - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/24/2019)

STIPULATION to Extend Page Limits by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/24/2019)

SO ORDERED

SO ORDERED D.I. 12 MOTION for Pro Hac Vice Appearance of Attorney Raymond R. Ricordati III filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/24/2019. (dlb)

STIPULATION TO EXTEND TIME to extend time to answer complaint to June 4, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/28/2019)

Pro Hac Vice Attorney Raymond R. Ricordati, III for Charter Communications, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)

SO ORDERED

Add Attorneys - PHV only

SO ORDERED D.I. 13 Stipulation to Extend Page Limits filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/28/2019. (mlc)

SO ORDERED D.I. 14 STIPULATION TO EXTEND TIME to extend time to answer complaint to June 4, 2019 filed by Charter Communications, Inc. Ordered by Judge Christopher J. Burke on 5/28/2019. (mlc)

Joint STIPULATION TO EXTEND TIME Deadline to Submit Filings Required by Chief Judge Stark's Case Management Checklist to - filed by Blue Spike International Ltd., Blue Spike LLC. (Devlin, Timothy) (Entered: 05/29/2019)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by Charter Communications, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Farnan, Kelly) (Entered: 05/31/2019)

Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate Liberty Broadband Corporation for Charter Communications, Inc. filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 05/31/2019)

MOTION REFERRED: 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) Motion referred to Christopher J. Burke.(dlb)

Motions Referred

Oral Order

ANSWERING BRIEF in Opposition re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd..Reply Brief due date per Local Rules is 6/21/2019. (Devlin, Timothy) (Entered: 06/14/2019)

DECLARATION re 21 Answering Brief in Opposition, of Dr. Wenke Lee by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Attachments: # 1 Exhibit A)(Devlin, Timothy) (Entered: 06/14/2019)

STIPULATION TO EXTEND TIME re: Defendants Reply Brief in Support of Motion to Dismiss to June 26, 2019 - filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 06/21/2019)

SO ORDERED D.I. 23 STIPULATION TO EXTEND TIME for filing Defendants Reply Brief in Support of Motion to Dismiss to June 26, 2019. Ordered by Judge Christopher J. Burke on 6/21/2019. (dlb)

Order Setting Briefing Schedule - open, ans, reply, surreply

SO ORDERED

Miscellaneous Hearing

REPLY BRIEF re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Charter Communications, Inc.. (Farnan, Kelly) (Entered: 06/26/2019)

REQUEST for Oral Argument by Charter Communications, Inc. re 16 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6). (Farnan, Kelly) (Entered: 06/27/2019)

ORDER: An Oral Argument is set for 11/26/2019 at 4:00 PM (20 minutes per side) in Courtroom 6B before Judge Leonard P. Stark and Judge Christopher J. Burke re 16 MOTION to Dismiss. Signed by Judge Leonard P. Stark on 10/28/19. (ntl) (Entered: 10/28/2019)

Motion No Longer Referred to Judge Burke: 16 MOTION to Dismiss. (ntl)

Motions No Longer Referred

Order

Letter to The Honorable Leonard P. Stark from Timothy Devlin regarding Plaintiffs' response to questions identified in the Section 101 Motions Pre-Hearing Checklist - re 26 Order, Set Hearings. (Devlin, Timothy) (Entered: 11/19/2019)

Letter to Honorable Leonard P. Stark from Kelly E. Farnan regarding Letter Brief in Support of Motion to Dismiss pursuant to Order of October 28, 2019 - re 26 Order, Set Hearings. (Farnan, Kelly) (Entered: 11/19/2019)

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Order

ORAL ORDER: IT IS HEREBY ORDERED that the hearing today will begin at 11:30 AM. ORDERED by Judge Leonard P. Stark on 11/26/19. (ntl) (Entered: 11/26/2019)

Minute Entry for proceedings held before Judge Leonard P. Stark and Judge Christopher J. Burke - Oral Argument held on 11/26/2019. (Court Reporter B. Gaffigan.) (ntl)

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Order

Oral Argument

Joint STIPULATION and [Proposed] Order for Scheduling Change re Oral Argument by Blue Spike International Ltd., Blue Spike LLC, Wistaria Trading Ltd.. (Lennon, James) (Entered: 12/03/2019)

SO ORDERED, re 32 Joint STIPULATION and [Proposed] Order for Scheduling Change filed by Blue Spike LLC, Blue Spike International Ltd., Wistaria Trading Ltd. Signed by Judge Leonard P. Stark on 12/9/19. (ntl)

SO ORDERED

Charter Communications, Inc.

Wistaria Trading Ltd.

Blue Spike International Ltd.

Blue Spike LLC