Bright Response, LLC v. EMC Corporation

2:12-cv-00279

Overview

Case Number 2:12-cv-00279

Filing Date 2012-05-08

Status Terminated

Termination Date 2013-01-15

Court District Court, E.D. Texas (txed)

Presiding Judge Rodney Gilstrap

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Consol Defendant

SAS Institute Inc.

Represented By

6 Attorneys Listed

Nicole M Jantzi

McDermott Will & Emery LLP - DC

Tel: +1 (202) 756-8213

Fax: +1 (202) 591-2954

500 North Capitol Street NW, Washington, DC 20001

Megan F Raymond

Paul Weiss Rifkind Wharton & Garrison - D.C.

Tel: +1 (202) 223-7401

Fax: +1 (202) 403-3777

Paul Weiss Rifkind Wharton & Garrison - D.C., 2001 K Street, NW

Kristie Ann Wright

Kristie Wright - Attorney at Law

Tel: +1 (903) 276-3392

P. O. Box 352, Nash, TX 75569

James R Myers

Ropes & Gray - D.C.

Tel: +1 (202) 508-4647

Fax: +1 (202) 383-8349

Ropes & Gray - D.C., One Metro Center

Douglas Hallward-Driemeier

Ropes & Gray LLP - DC

Tel: +1 (202) 508-4600

Fax: +1 (202) 508-4650

2099 Pennsylvania Avenue, NW, Washington, DC 20006-6807

Jennifer Haltom Doan

Haltom & Doan

Tel: +1 (903) 255-1000

Fax: +1 (903) 255-0800

Haltom & Doan, 6500 Summerhill Road

Defendant

EMC Corporation

Represented By

11 Attorneys Listed

Roger Brian Craft

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Avenue, Suite 900

Patrick Curran

Quinn Emanuel Urquhart & Sullivan, LLP - NY

Tel: +1 (212) 849-7216

Fax: +1 (212) 849-7100

51 Madison Ave, 22nd Floor

Kevin A Smith

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6383

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Kathy Peng

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6600

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Eric Hugh Findlay

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Avenue, Suite 900

Emily C O'Brien

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6600

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Charles Kramer Verhoeven

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6600

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Antonio Sistos

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6600

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Anne S Toker

Quinn Emanuel Urquhart & Sullivan, LLP - NY

Tel: +1 (212) 849-7440

Fax: +1 (212) 849-7100

51 Madison Ave, 22nd Floor

Andrew M Holmes

Quinn Emanuel Urquhart & Sullivan LLP - San Francisco

Tel: +1 (415) 875-6600

Fax: +1 (415) 875-6700

50 California Street, 22nd Floor

Alexander Rudis

Quinn Emanuel Urquhart & Sullivan, LLP - NY

Tel: +1 (212) 849-7000

Fax: +1 (212) 849-7100

51 Madison Ave, 22nd Floor

Plaintiff

Bright Response, LLC

Represented By

5 Attorneys Listed

Andrew W. Spangler

Spangler Law P.C. - Longview

Tel: +1 (903) 753-9300

Fax: +1 (903) 553-0403

208 N. Green Street, Ste 300

Peter H Chang

California Attorney General's Office

Tel: +1 (415) 703-5939

Fax: +1 (415) 703-1234

455 Golden Gate Avenue, Suite 11000

James A Fussell , III

Mayer Brown, LLP - DC

Tel: +1 (202) 263-3222

Fax: +1 (202) 830-0357

1999 K Street, NW, Washington, DC 20006-1101

Andrew Grant Hamill

KAO LLP

Tel: +1 (415) 539-0996

Fax: +1 (866) 267-0243

201 Mission Street, Suite 1930, San Francisco, CA 94105

Bradford J Black

Bradford Black P.C.

Tel: +1 (415) 813-6211

Fax: +1 (415) 813-6222

4 Embarcadero Center, Suite 1400

Mediator

Guy Harrison

Represented By

1 Attorneys Listed

Guy N Harrison

Attorney at Law

Tel: +1 (903) 758-7361

Fax: +1 (903) 753-9557

P O Box 2845, Longview, TX 75606

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Rodney Gilstrap

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6278996	Espacenet Google Patents

Docket Entries

COMPLAINT for Patent Infringement against EMC Corporation ( Filing fee $ 350 receipt number 0540-3579305.), filed by Bright Response, LLC. (Attachments: # 1 Exhibit A - U.S. Patent No. 6,278,996, # 2 Civil Cover Sheet)(Spangler, Andrew) (Entered: 05/08/2012)

2012-05-08

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Spangler, Andrew) (Entered: 05/08/2012)

2012-05-08

View

Case assigned to Judge Rodney Gilstrap. (ch, )

2012-05-09

No Actions

In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice of Consent to Proceed Before Magistrate Judge. (ch, )

2012-05-09

No Actions

Bright Response, LLC v. EMC Corporation

Overview

Parties

Consol Defendant

SAS Institute Inc. Follow

Represented By

Defendant

EMC Corporation Follow

Represented By

Plaintiff

Bright Response, LLC Follow

Represented By

Mediator

Guy Harrison Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against EMC Corporation ( Filing fee $ 350 receipt number 0540-3579305.), filed by Bright Response, LLC. (Attachments: # 1 Exhibit A - U.S. Patent No. 6,278,996, # 2 Civil Cover Sheet)(Spangler, Andrew) (Entered: 05/08/2012)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Spangler, Andrew) (Entered: 05/08/2012)

Case assigned to Judge Rodney Gilstrap. (ch, )

SUMMONS Issued as to EMC Corporation. (ehs, ) (Entered: 05/11/2012)

SUMMONS Returned Executed by Bright Response, LLC. EMC Corporation served on 6/7/2012, answer due 6/28/2012. (ehs, ) (Entered: 06/12/2012)

SUMMONS REISSUED as to EMC Corporation. (ehs, ) (Entered: 06/12/2012)

SUMMONS Returned Executed by Bright Response, LLC. EMC Corporation served on 6/15/2012, answer due 7/6/2012. (ehs, ) (Entered: 06/21/2012)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re EMC Corporation.( Smith, Kevin) (Entered: 06/22/2012)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for EMC Corporation to 8/6/2012. 30 Days Granted for Deadline Extension.( ch, )

ORDER, ( Status Conference set for 8/29/2012 10:00 AM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap.) Signed by Judge Rodney Gilstrap on 7/17/12. (mrm, ) (Entered: 07/17/2012)

NOTICE of Attorney Appearance by James A Fussell, III on behalf of Bright Response, LLC (Fussell, James) (Entered: 07/27/2012)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re EMC Corporation. (Findlay, Eric) (Entered: 07/27/2012)

APPLICATION to Appear Pro Hac Vice by Attorney, Charles K Verhoeven for EMC Corporation. $100 Pro Hac Vice fee paid, Receipt No. 6-9719. (dlc, ) (Entered: 07/27/2012)

APPLICATION to Appear Pro Hac Vice by Attorney, Patrick Curran for EMC Corporation. $100 Pro Hac Vice fee paid, Receipt No. 6-9719. (dlc, ) (Entered: 07/27/2012)

APPLICATION to Appear Pro Hac Vice by Attorney, Emily C O'Brien for EMC Corporation. $100 Pro Hac Vice fee paid, Receipt No. 6-9719. (dlc, ) (Entered: 07/27/2012)

APPLICATION to Appear Pro Hac Vice by Attorney, Antonio Sistos for EMC Corporation. $100 Pro Hac Vice fee paid, Receipt No. 6-9719. (dlc, ) (Entered: 07/27/2012)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for EMC Corporation to 8/21/2012. 15 Days Granted for Deadline Extension.( sm, )

APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Alexander Rudis for EMC Corporation. (pkb, ) (Entered: 07/31/2012)

APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Anne S Toker for EMC Corporation. (pkb, ) (Entered: 07/31/2012)

NOTICE of Attorney Appearance by Bradford J Black on behalf of Bright Response, LLC (Black, Bradford) (Entered: 08/02/2012)

NOTICE of Attorney Appearance by Peter H Chang on behalf of Bright Response, LLC (Chang, Peter) (Entered: 08/02/2012)

CORPORATE DISCLOSURE STATEMENT filed by Bright Response, LLC identifying Corporate Parent TechDev Holdings, LLC for Bright Response, LLC. (Spangler, Andrew) (Entered: 08/13/2012)

MOTION to Change Venue to the Northern District of California Pursuant to 28 U.S.C. § 1404(a) by EMC Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Findlay, Eric) (Entered: 08/13/2012)

NOTICE by Bright Response, LLC of Compliance (Spangler, Andrew) (Entered: 08/15/2012)

Defendant EMC Corporation's ANSWER to 1 Complaint, Affirmative Defenses, and, COUNTERCLAIM against Bright Response, LLC by EMC Corporation.(Findlay, Eric) (Entered: 08/21/2012)

CORPORATE DISCLOSURE STATEMENT filed by EMC Corporation identifying Corporate Parent None for EMC Corporation. (Findlay, Eric) (Entered: 08/24/2012)

NOTICE of Attorney Appearance by Roger Brian Craft on behalf of EMC Corporation (Craft, Roger) (Entered: 08/28/2012)

APPLICATION (APPROVED) to Appear Pro Hac Vice by Attorney Andrew G Hamill for Bright Response, LLC. (pkb, ) (Entered: 09/04/2012)

RESPONSE to 23 Answer to Complaint, Counterclaim by Bright Response, LLC. (Spangler, Andrew) (Entered: 09/11/2012)

Submission of d p s by Bright Response, LLC Agreed Motion for Entry of Agreed Proposed Docket Control Order, Discovery Order, and Protective Order. (Attachments: # 1 Proposed Docket Control Order, # 2 Proposed Discovery Order, # 3 Proposed Protective Order)(Spangler, Andrew) (Entered: 09/12/2012)

NOTICE by Bright Response, LLC regarding Mediator (Spangler, Andrew) (Entered: 09/12/2012)

ORDER REFERRING CASE to Mediator Guy Harrison, 217 N. Center Street, Longview, Texas 75601, telephone number 903.758.7361 and fax number 903.753.9557, is hereby appointed as mediator. Mediation deadline is 7/22/2013. Signed by Judge Rodney Gilstrap on 9/17/2012. (ch, ) (Entered: 09/17/2012)

PROTECTIVE ORDER. Signed by Judge Rodney Gilstrap on 9/17/2012. (ch, ) (Entered: 09/17/2012)

DISCOVERY ORDER. Signed by Judge Rodney Gilstrap on 9/17/2012. (ch, ) (Entered: 09/17/2012)

NOTICE of Attorney Appearance - Pro Hac Vice by Megan F Raymond on behalf of SAS Institute Inc.. Filing fee $ 100, receipt number 0540-3788642. (Raymond, Megan) (Entered: 09/19/2012)

APPLICATION (APPROVED, fee paid, receipt # 6-9719) to Appear Pro Hac Vice by Attorney Kathy Peng for EMC Corporation. (pkb, ) Modified on 9/20/2012 (pkb, ). (Entered: 09/20/2012)

Agreed MOTION for Entry of Agreed Order Regarding E-Discovery in Patent Cases by Bright Response, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) (Entered: 09/26/2012)

APPROVED APPLICATION to Appear Pro Hac Vice by Attorney, Andrew M Holmes for EMC Corporation. Pro Hac Vice filing fee paid in the amount of $100, Receipt No. TXE200001294.(dlc, ) (Entered: 10/05/2012)

ORDER REGARDING E-DISCOVERY IN PATENT CASES. Signed by Judge Rodney Gilstrap on 10/1/2012. (ch, ) (Entered: 10/02/2012)

***FILED IN ERROR, PLEASE IGNORE.***AMENDED COMPLAINT for Patent Infringement against All Defendants, filed by Bright Response, LLC. (Attachments: # 1 Exhibit A)(Spangler, Andrew) Modified on 10/4/2012 (sm, ). (Entered: 10/04/2012)

***FILED IN ERROR, PER ATTY. Document # 42, Amended Complaint. PLEASE IGNORE.*** (sm, )

AMENDED COMPLAINT for Patent Infringement against EMC Corporation, filed by Bright Response, LLC. (Attachments: # 1 Exhibit A)(Spangler, Andrew) (Entered: 10/05/2012)

AMENDED COMPLAINT for Patent Infringement against EMC Corporation, filed by Bright Response, LLC. (Attachments: # 1 Exhibit A)(Spangler, Andrew) (Entered: 10/05/2012)

NOTICE by EMC Corporation of Service of Initial Disclosures (Craft, Roger) (Entered: 10/15/2012)

NOTICE of Discovery Disclosure by SAS Institute Inc. (Wright, Kristie) (Entered: 10/15/2012)

NOTICE by Bright Response, LLC of Compliance regarding Initial Disclosures (Spangler, Andrew) (Entered: 10/15/2012)

ANSWER to 44 Amended Complaint, COUNTERCLAIM against Bright Response, LLC by SAS Institute Inc..(Wright, Kristie) (Entered: 10/22/2012)

ANSWER to 44 Amended Complaint, COUNTERCLAIM against Bright Response, LLC by EMC Corporation.(Findlay, Eric) (Entered: 10/22/2012)

NOTICE of Discovery Disclosure by SAS Institute Inc. (Wright, Kristie) (Entered: 10/26/2012)

RESPONSE to 49 Answer to Amended Complaint, Counterclaim by EMC Corporation by Bright Response, LLC. (Spangler, Andrew) (Entered: 10/30/2012)

RESPONSE to 48 Answer to Amended Complaint, Counterclaim by SAS Institute Inc. by Bright Response, LLC. (Spangler, Andrew) (Entered: 10/30/2012)

NOTICE by SAS Institute Inc. Notice of Compliance with P.R. 3-3 and 3-4 (Wright, Kristie) (Entered: 11/07/2012)

NOTICE by EMC Corporation of Service of Invalidity Contentions (Craft, Roger) (Entered: 11/08/2012)

MOTION to Dismiss "Stipulated Motion for Dismissal with Prejudice" by Bright Response, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) (Entered: 12/06/2012)

ORDER granting 55 Motion to Dismiss. Dft SAS Institute Inc. Signed by Judge Rodney Gilstrap on 12/10/2012. (ch, ) (Entered: 12/10/2012)

MOTION to Dismiss "Stipulated Motion for Dismissal" by Bright Response, LLC. (Attachments: # 1 Text of Proposed Order)(Spangler, Andrew) (Entered: 01/11/2013)

ORDER granting 57 Motion to Dismiss without prejudice. All attorneys' fees and costs are to be borne by the party that incurred them. Signed by Judge Rodney Gilstrap on 1/14/13. (ehs, ) (Entered: 01/15/2013)

Track Case Updates

SAS Institute Inc.

EMC Corporation

Bright Response, LLC

Guy Harrison

FILED IN ERROR, PLEASE IGNORE.AMENDED COMPLAINT for Patent Infringement against All Defendants, filed by Bright Response, LLC. (Attachments: # 1 Exhibit A)(Spangler, Andrew) Modified on 10/4/2012 (sm, ). (Entered: 10/04/2012)

FILED IN ERROR, PER ATTY. Document # 42, Amended Complaint. PLEASE IGNORE. (sm, )