BSG Tech LLC v. Autozone.com, Inc.

Application Number	Patent Number	External Links
-	US6035294	Espacenet Google Patents
-	US6243699	Espacenet Google Patents
-	US6195652	Espacenet Google Patents

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

2016-05-19

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COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

2016-05-19

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COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

2016-05-19

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COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

2016-05-19

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COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

2016-05-19

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Bennett, David) (Entered: 05/19/2016)

2016-05-19

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CORPORATE DISCLOSURE STATEMENT filed by BSG Tech LLC (Bennett, David) (Entered: 05/19/2016)

2016-05-19

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NOTICE by BSG Tech LLC (Plaintiff's Notice of Related Cases) (Bennett, David) (Entered: 05/19/2016)

2016-05-19

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SUMMONS Issued as to Autozone.com, Inc.. (ch, ) (Entered: 05/19/2016)

2016-05-19

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Notice of Magistrate Availability

2016-05-19

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Case Assigned/Reassigned

2016-05-19

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Case assigned to Judge Robert W. Schroeder, III. (ch, )

2016-05-19

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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 Regarding Consent to Proceed Before Magistrate Judge. (ch, )

2016-05-19

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Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Autozone.com, Inc. (filed by BSG Tech LLC).( Bennett, David) (Entered: 06/07/2016)

2016-06-07

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Application Granted for Extension of Time to Answer Complaint

2016-06-07

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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Autozone.com, Inc. to 7/11/2016. 30 Days Granted for Deadline Extension.( sm, )

2016-06-07

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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Autozone.com, Inc. (filed by BSG Tech LLC).(Bennett, David) (Entered: 07/05/2016)

2016-07-05

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Application Granted for Extension of Time to Answer Complaint

2016-07-06

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Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Autozone.com, Inc. to 7/26/2016. 15 Days Granted for Deadline Extension.( ch, )

2016-07-06

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NOTICE of Attorney Appearance by Darby Vincent Doan on behalf of Autozone.com, Inc. (Doan, Darby) (Entered: 07/22/2016)

2016-07-22

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NOTICE of Attorney Appearance by Christy Samansky Hawkins on behalf of Autozone.com, Inc. (Hawkins, Christy) (Entered: 07/22/2016)

2016-07-22

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AutoZone's ANSWER to 1 Complaint, Defenses and, COUNTERCLAIM against BSG Tech LLC by Autozone.com, Inc..(Doan, Darby) (Entered: 07/26/2016)

2016-07-26

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CORPORATE DISCLOSURE STATEMENT filed by Autozone.com, Inc. (Doan, Darby) (Entered: 07/26/2016)

2016-07-26

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Notice of Magistrate Availability

2016-07-26

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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 Regarding Consent to Proceed Before Magistrate Judge. (ch, )

2016-07-26

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NOTICE of Readiness for Scheduling Conference by BSG Tech LLC (Bennett, David) (Entered: 08/02/2016)

2016-08-02

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ANSWER to 10 Answer to Complaint, Counterclaim of Autozone.com, Inc. by BSG Tech LLC.(Bennett, David) (Entered: 08/10/2016)

2016-08-10

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CONSOLIDATION ORDER that cases are consolidated for Pretrial Issues only, with the exception of Venue. The earliest filed civil action (2:16cv529) shall serve as the lead case for the consolidated issues. Clerk of Court shall add the consolidated defendants to the lead case as well as lead and local counsel only. All future pretrial filings, other than venue motions, shall be filed in the lead case. Signed by Judge Robert W. Schroeder, III on 9/15/2016. (sm, ) (Entered: 09/16/2016)

2016-09-16

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ORDER Setting Scheduling Conference, ( Scheduling Conference set for 10/7/2016 10:15 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III.). Signed by Judge Robert W. Schroeder, III on 9/16/2016. (sm, ) (Entered: 09/16/2016)

2016-09-16

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NOTICE of Attorney Appearance by Jennifer Parker Ainsworth on behalf of Harry and David, LLC (Ainsworth, Jennifer) (Entered: 09/16/2016)

2016-09-16

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NOTICE by Rakuten Commerce, LLC of Attorney Attending Scheduling Conference (Smith, Melissa) (Entered: 09/21/2016)

2016-09-21

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NOTICE of Attorney Appearance by Gina Kyungjin Kim on behalf of Buyseasons, Inc., Buyseasons, Inc. (Kim, Gina) (Entered: 09/22/2016)

2016-09-22

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NOTICE by Buyseasons, Inc., Buyseasons, Inc. Notice of Attorney Attending Scheduling Conference (Kim, Gina) (Entered: 09/22/2016)

2016-09-22

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RESPONSE to Defendant Harry and David, LLCs Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (C.A. No. 2:16-cv-531 at Dkt. No. 11) filed by BSG Tech LLC. (Attachments: # 1 Affidavit Declaration of David R. Bennett, # 2 Exhibit A - U.S. Patent No. 6,035,294, # 3 Exhibit B - U.S. Patent No. 6,243,699, # 4 Exhibit C - U.S. Patent No. 6,195,652, # 5 Exhibit D - Expert Declaration of James Barnett, # 6 Exhibit E - Bascom Global Internet Serv., Inc. v. AT&T Mobility LLC,, # 7 Exhibit F - Response to Office Action in Application No. 09/128,116 (294 Patent) dated October 27, 1999, # 8 Exhibit G - Response to Office Action in Application No. 09/431,031 (652 Patent) dated July 25, 2000, # 9 Text of Proposed Order)(Bennett, David) (Entered: 09/23/2016)

2016-09-23

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NOTICE by BSG Tech LLC of Attorney Attending Scheduling Conference (Bennett, David) (Entered: 09/23/2016)

2016-09-23

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NOTICE of Attorney Appearance - Pro Hac Vice by Terry L Clark on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961822. (Clark, Terry) (Entered: 09/29/2016)

2016-09-29

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NOTICE of Attorney Appearance - Pro Hac Vice by John S Golwen on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961840. (Golwen, John) (Entered: 09/29/2016)

2016-09-29

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NOTICE of Attorney Appearance - Pro Hac Vice by Annie T Christoff on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961843. (Christoff, Annie) (Entered: 09/29/2016)

2016-09-29

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NOTICE by Harry and David, LLC of Attorney Attending Scheduling Conference (Ainsworth, Jennifer) (Entered: 09/30/2016)

2016-09-30

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NOTICE by Autozone.com, Inc. Regarding Attendance at Scheduling Conference (Doan, Darby) (Entered: 09/30/2016)

2016-09-30

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NOTICE of Attorney Appearance by William Robert Lamb on behalf of Rakuten Commerce, LLC (Lamb, William) (Entered: 09/30/2016)

2016-09-30

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NOTICE of Attorney Appearance by William Robert Lamb on behalf of Staples, Inc. (Lamb, William) (Entered: 09/30/2016)

2016-09-30

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NOTICE by Staples, Inc. of Attorney Attending Scheduling Conference (Papastavros, Nicholas) (Entered: 09/30/2016)

2016-09-30

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Joint MOTION for Entry of an Agreed Docket Control Order by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 09/30/2016)

2016-09-30

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NOTICE by BSG Tech LLC of Compliance with PR 3-1 and 3-2 Disclosures (Bennett, David) (Entered: 09/30/2016)

2016-09-30

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Joint MOTION for Entry of an Agreed Discovery Order by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 09/30/2016)

2016-09-30

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Joint MOTION Opposed Motion for Entry of a Proposed Protective Order by BSG Tech LLC. (Attachments: # 1 Exhibit A - BSG Tech's Proposed Protective Order, # 2 Exhibit B - Defendants' Proposed Protective Order, # 3 Exhibit C - Comparison of Disputed Terms)(Bennett, David) (Entered: 09/30/2016)

2016-09-30

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NOTICE by Rakuten Commerce, LLC (Amended Notice of Attorney Attending Scheduling Conference) (Smith, Melissa) (Entered: 10/03/2016)

2016-10-03

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Reply in Support of Defendant Harry and David, LLCs Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (C.A. No. 2:16-cv-531 at Dkt. No. 11) by Harry and David, LLC. (Grove, Andrew) (Entered: 10/03/2016)

2016-10-03

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Scheduling Conference held on 10/7/2016 held before Judge Robert W. Schroeder III. Attorneys in attendance were David Bennett, Bobby Lamb, Jennifer Ainsworth, Darby Doan and Gina Kim. (bas)

2016-10-07

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Scheduling Conference

2016-10-07

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DOCKET CONTROL ORDER:( Pretrial Conference set for 2/6/2018 10:00 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III., Amended Pleadings due by 2/15/2017., Discovery due by 8/9/2017., Jury instructions due by 1/23/2018, Jury Selection set for 2/20/2018 09:00 AM in Ctrm 106 (Marshall) before Judge Robert W. Schroeder III., Designation of Mediator due by 10/12/2016,, Markman Hearing set for 5/3/2017 09:00 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III., Dispositive Motionn Hearing set for 1/10/2018 09:00 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III., Proposed Pretrial Order due by 1/23/2018.), Motions terminated: 30 Joint MOTION for Entry of an Agreed Docket Control Order filed by BSG Tech LLC. Signed by Judge Robert W. Schroeder, III on 10/11/16. (mrm, ) (Entered: 10/11/2016)

2016-10-11

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DISCOVERY ORDER; Motion terminated 32 Motion for Entry of an Agreed Discovery Order. Signed by Judge Robert W. Schroeder, III on 10/11/16. (mrm, ) (Entered: 10/11/2016)

2016-10-11

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NOTICE by BSG Tech LLC Joint Notice Regarding Mediation (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 10/12/2016)

2016-10-12

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Set Trial Management Order Deadlines Per Order dkt # 36 : Jury Trial set for 2/20/2018 09:00 AM in Ctrm 106 (Marshall) before Judge Robert W. Schroeder III. (mrm, )

2016-10-12

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Set/Reset Trial Management Order Deadlines

2016-10-12

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RESPONSE to 35 Response to Non-Motion Surreply to Harry & David, LLC's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (C.A. No. 2:16-cv-531 at Dkt. No. 11) filed by BSG Tech LLC. (Bennett, David) (Entered: 10/13/2016)

2016-10-13

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JOINT NOTICE to Court Regarding Protective Order by BSG Tech LLC re 33 Joint Opposed MOTION for Entry of a Proposed Protective Order (Bennett, David) (Entered: 10/21/2016)

2016-10-21

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NOTICE by Harry and David, LLC of Compliance Regarding Service of Initial and Additional Disclosures (Grove, Andrew) (Entered: 10/28/2016)

2016-10-28

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NOTICE by Rakuten Commerce, LLC of Compliance Regarding Service of Initial and Additional Disclosures (Sumitani, Shunsuke) (Entered: 10/28/2016)

2016-10-28

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NOTICE by Autozone.com, Inc. of Initial and Additional Disclosures (Doan, Darby) (Entered: 10/28/2016)

2016-10-28

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NOTICE by Buyseasons, Inc., Buyseasons, Inc. Defendant BuySeasons, Inc.'s Notice of Compliance Regarding Paragraphs 1 and 3 of Discovery Order (Bonilla, Ricardo) (Entered: 10/28/2016)

2016-10-28

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NOTICE by BSG Tech LLC of Compliance with Additional and Additional Disclosures (Bennett, David) (Entered: 10/28/2016)

2016-10-28

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PATENT PROTECTIVE ORDER. Signed by Judge Robert W. Schroeder, III on 11/1/2016. (sm, ) (Entered: 11/01/2016)

2016-11-01

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NOTICE by Staples, Inc. of Compliance (Initial & Additional Disclosures) (Papastavros, Nicholas) (Entered: 11/07/2016)

2016-11-07

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NOTICE by Rakuten Commerce, LLC (Joinder in Staples, Inc.'s Motion to Dismiss for Failure to State a Claim) (Lamb, William) (Entered: 11/14/2016)

2016-11-14

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Joint MOTION to Stay All Deadlines and Notice of Settlement by Autozone.com, Inc., BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Doan, Darby) (Entered: 11/18/2016)

2016-11-18

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NOTICE by Buyseasons, Inc., Harry and David, LLC, Rakuten Commerce, LLC, Staples, Inc. of Compliance regarding P.R. 3-3 & 3-4 Disclosures (Sumitani, Shunsuke) (Entered: 11/18/2016)

2016-11-18

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Agreed MOTION to Dismiss AutoZone.com, Inc. with Prejudice Pursuant to Rule 41(a)(2) by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 11/21/2016)

2016-11-21

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ORDER, granting 51 Agreed MOTION to Dismiss AutoZone.com, Inc. with Prejudice Pursuant to Rule 41(a)(2) filed by BSG Tech LLC., Autozone.com, Inc. terminated. Signed by Judge Robert W. Schroeder, III on 11/30/16. (mrm, ) (Entered: 11/30/2016)

2016-11-30

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NOTICE by Autozone.com, Inc. of Request for Termination of Electronic Notices (Doan, Darby) (Entered: 12/02/2016)

2016-12-02

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NOTICE by Autozone.com, Inc. of Request for Termination of Electronic Notices (Doan, Darby) (Entered: 12/02/2016)

2016-12-02

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NOTICE of Attorney Appearance by Patrick M McCarthy on behalf of Harry and David, LLC (McCarthy, Patrick) (Entered: 01/16/2017)

2017-01-16

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NOTICE by BSG Tech LLC Statement to the Court Regarding Privileged Documents (Bennett, David) (Entered: 01/18/2017)

2017-01-18

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NOTICE by Buyseasons, Inc., Harry and David, LLC, Rakuten Commerce, LLC, Staples, Inc. of Compliance with P.R. 4-2 (Sumitani, Shunsuke) (Entered: 01/18/2017)

2017-01-18

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ORDER Setting Hearing on Pending Motions to Dismiss Motion Hearing set for 2/17/2017 10:00 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III.. Signed by Judge Robert W. Schroeder, III on 1/20/2017. (sm, ) (Entered: 01/20/2017)

2017-01-20

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Joint MOTION to Stay All Deadlines and Notice of Settlement Between BSG Tech LLC and Staples, Inc. by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 02/03/2017)

2017-02-03

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Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement Between BSG Tech LLC and Staples, Inc. by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 02/08/2017)

2017-02-08

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Joint Claim Construction and Prehearing Statement (Attachments: # 1 Exhibit A - BSG Tech's Proposed Constructions and supporting intrinsic and extrinsic evidence, # 2 Exhibit B - Defendants' Proposed Constructions and supporting intrinsic and extrinsic evidence)(Bennett, David) (Entered: 02/08/2017)

2017-02-08

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ORDER granting 60 Sealed Motion to Stay All Deadlines Between BSG Tech and Staples, Inc and terminating 59 Motion to Stay. Signed by Judge Robert W. Schroeder, III on 2/14/2017. (sm, ) (Entered: 02/15/2017)

2017-02-15

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AMENDED COMPLAINT for Patent Infringement Against BuySeasons, Inc. against Buyseasons, Inc., filed by BSG Tech LLC. (Attachments: # 1 Exhibit A - US Patent No. 6,035,294, # 2 Exhibit B - US Patent No. 6,195,652, # 3 Exhibit C - US Patent No 6,243,699)(Bennett, David) (Entered: 02/15/2017)

2017-02-15

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AMENDED COMPLAINT for Patent Infringement against Rakuten Commerce, LLC, filed by BSG Tech LLC. (Attachments: # 1 Exhibit A - US Patent No. 6,035,294, # 2 Exhibit B - US Patent No. 6,195,652, # 3 Exhibit C - US Patent No 6,243,699)(Bennett, David) (Entered: 02/15/2017)

2017-02-15

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Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement Between BSG Tech LLC and Harry and David, LLC by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 02/16/2017)

2017-02-16

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Minute Entry for proceedings held before Judge Robert W. Schroeder III: Motion Hearing held on 2/17/2017 re 48 Joinder by Rakuten Commerce, LLC to Staples, Inc.'s MOTION TO DISMISS filed in member case 2:16cv533; and Buyseasons, Inc.'s MOTION TO DISMISS filed in member case 2:16cv530. (Court Reporter Theresa Sawyer) (bas) (Entered: 02/17/2017)

2017-02-17

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ORDER granting 65 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement Between BSG Tech LLC and Harry and David, LLC. All deadlines shall be stayed for 30 days. Signed by Judge Robert W. Schroeder, III on 2/17/2017. (slo, ) (Entered: 02/17/2017)

2017-02-17

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NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Rakuten Commerce, LLC (Gardner, Allen) (Entered: 02/17/2017)

2017-02-17

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Agreed MOTION to Dismiss Staples, Inc. With Prejudice Pursuant to Rule 41(a)(1) by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 02/19/2017)

2017-02-19

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ORDER Granting 69 Agreed MOTION to Dismiss Staples, Inc. With Prejudice Pursuant to Rule 41(a)(1) filed by BSG Tech LLC., Staples, Inc. (2:16cv533) now terminated.. Signed by Judge Robert W. Schroeder, III on 2/21/2017. (sm, ) (Entered: 02/22/2017)

2017-02-22

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Agreed MOTION to Dismiss Harry and David, LLC with Prejudice Pursuant to Rule 41(a)(2) by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 02/22/2017)

2017-02-22

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NOTICE by BSG Tech LLC, BSG Tech LLC(2:16cv532), BSG Tech LLC(2:16cv530), Buyseasons, Inc., Buyseasons, Inc., Rakuten Commerce, LLC, Rakuten Commerce, LLC Joint Notice Regarding Defendants' Motion to Dismiss (Conrad, David) (Entered: 02/24/2017)

2017-02-24

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ORDER Granting 71 Agreed MOTION to Dismiss Harry and David, LLC with Prejudice Pursuant to Rule 41(a)(2) filed by BSG Tech LLC., Harry and David, LLC (2:16cv531) now terminated.. Signed by Judge Robert W. Schroeder, III on 3/1/2017. (sm, ) (Entered: 03/01/2017)

2017-03-01

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AMENDED ANSWER to 64 Amended Complaint,, COUNTERCLAIM against BSG Tech LLC by Rakuten Commerce, LLC, Rakuten Commerce, LLC. (Sumitani, Shunsuke) (Entered: 03/01/2017)

2017-03-01

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NOTICE by Harry and David, LLC NOTICE OF REQUEST FOR TERMINATION OF ELECTRONIC NOTICES (Grove, Andrew) (Entered: 03/02/2017)

2017-03-02

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ANSWER to 74 Amended Answer to Complaint, Counterclaim by Rakuten Commerce, LLC by BSG Tech LLC.(Bennett, David) (Entered: 03/08/2017)

2017-03-08

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 2/17/17, before Judge Schroeder. Court Reporter/Transcriber: Theresa Sawyer, Telephone number: 479/866-0140. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/13/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/22/2017. (dlc, ) (Entered: 03/20/2017)

2017-03-20

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AGREED NOTICE by BSG Tech LLC of Proposed Technical Advisor (Bennett, David) (Entered: 03/22/2017)

2017-03-22

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OPENING CLAIM CONSTRUCTION BRIEF and Supporting Evidence filed by Plaintiff BSG Tech LLC. (Attachments: # 1 Affidavit Declaration of David R. Bennett, # 2 Exhibit A - United States Patent No. 6,035,294, # 3 Exhibit B - United States Patent No. 6,243,699, # 4 Exhibit C - United States Patent No. 6,195,652, # 5 Exhibit D - Excerpt of the initial application claims (BSG000081-82) for Application No. 09/128,116, which issued as the 294 patent, # 6 Exhibit E - First Non-Final Office Action dated Sept. 9, 1999 (BSG000109-113) for Application No. 09/128,116, which issued as the 294 patent, # 7 Exhibit F - Response to the first Office Action dated Oct. 27, 1999 (BSG000116-128) for Application No. 09/128,116, which issued as the 294 patent, # 8 Exhibit G - Notice of Allowability dated December 3, 1999 (BSG000147-149) for Application No. 09/128,116, which issued as the 294 patent, # 9 Exhibit H - Excerpt of the initial amended application claims (BSG000466-467) for Application No. 09/477,206, which issued as the 699 patent, # 10 Exhibit I - First Non-Final Office Action dated Mar. 20, 2000 (BSG000468-472) for Application No. 09/477,206, which issued as the 699 patent, # 11 Exhibit J - Response to the first Office Action dated May 30, 2000 (BSG000482-487) for Application No. 09/477,206, which issued as the 699 patent, # 12 Exhibit K - Notice of Allowability dated Sept. 26, 2000 (BSG000491-493) for Application No. 09/477,206, which issued as the 699 patent, # 13 Exhibit L - Excerpt of the initial amended application claims (BSG000266-268) for Application No. 09/431,031, which issued as the 652 patent, # 14 Exhibit M - First Non-Final Office Action dated April 28, 2000 (BSG000303-308) for Application No. 09/431,031, which issued as the 652 patent, # 15 Exhibit N - Response to the first Office Action dated July 25, 2000 (BSG000313-319) for Application No. 09/431,031, which issued as the 652 patent, # 16 Exhibit O - Notice of Allowability dated Sept. 14, 2000 (BSG000321-323) for Application No. 09/431,031, which issued as the 652 patent, # 17 Exhibit P - Excerpt of Random House Websters Unabridged Dictionary, pp. 381, 1408 (2d ed. 2001), # 18 Exhibit Q - Excerpt of The American Heritage Dictionary of the English Language, pp. 343, 1275 (4th ed. 2006), # 19 Exhibit R - Excerpt of The New Shorter Oxford English Dictionary on Historical Principles, Vol. 1 A-M, p. 412 (1993), # 20 Exhibit S - Excerpt of The New Shorter Oxford English Dictionary on Historical Principles, Vol. 2 N-Z at 2096 (1993), # 21 Exhibit T - Copy of asserted claims 10-11 of the 294 patent highlighting the claim terms and phrase in dispute in bold and underline, # 22 Exhibit U - Copy of asserted claims 1-4 of the 699 patent highlighting the claim terms and phrase in dispute in bold and underline, # 23 Exhibit V - Copy of asserted claim 9 of the 652 patent highlighting the claim terms and phrase in dispute in bold and underline)(Bennett, David) (Entered: 03/22/2017)

2017-03-22

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Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement Between BSG Tech LLC and Rakuten Commerce, LLC by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 03/22/2017)

2017-03-22

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ORDER granting 80 Sealed Motion to Stay All Deadlines between BSG Tech and Rakuten Commerce, LLC for 30 days. Signed by Judge Robert W. Schroeder, III on 3/27/2017. (sm, ) (Entered: 03/27/2017)

2017-03-27

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ORDER DISMISSING CASE because all defendants have been dismissed so Clerk is directed to close this lead case. Signed by Judge Robert W. Schroeder, III on 3/30/2017. (sm, ) (Entered: 03/30/2017)

2017-03-30

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Notice of Filing of Patent/Trademark Form (AO 120) due to dismissal of case. AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (sm, ) (Entered: 03/30/2017)

2017-03-30

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NOTICE OF APPEAL - FEDERAL CIRCUIT as to 82 Order Dismissing Case, Terminate Motions by BSG Tech LLC. Filing fee $ 505, receipt number 0540-6271304. (Bennett, David) (Entered: 04/28/2017)

2017-04-28

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ACKNOWLEDGMENT OF RECEIPT by USCA-Federal Circuit as to 82 Order Dismissing Case, 84 Notice of Appeal - FEDERAL CIRCUIT, and certified copy of Docket Sheet. (dlc, ) (Entered: 05/01/2017)

2017-04-28

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Transmission of Notice of Appeal, Order, Docket Sheet - Federal Circuit

2017-05-01

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Transmission of Notice of Appeal, 82 Order dismissing case and certified copy of Docket Sheet to US Court of Appeals, Federal Circuit by separate email. re 84 Notice of Appeal - FEDERAL CIRCUIT (dlc, )

2017-05-01

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NOTICE of Docketing Notice of Appeal from USCA-Federal Circuit re 84 Notice of Appeal - FEDERAL CIRCUIT filed by BSG Tech LLC. USCA Case Number 17-1980 (dlc, ) (Entered: 05/04/2017)

2017-05-04

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STIPULATION of Dismissal of Rakuten Commerce, LLC with Prejudice by BSG Tech LLC and Rakuten Commerce, LLC by BSG Tech LLC. (Bennett, David) (Additional attachment(s) added on 5/11/2017: # 1 Text of Proposed Order) (sm, ). (Entered: 05/09/2017)

2017-05-09

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ORDER of Dismissal With Prejudice dismissing all claims and counterclaims asserted between Plaintiff and Defendant Rakuten re 87 Stipulation of Dismissal filed by BSG Tech LLC. Signed by Judge Robert W. Schroeder, III on 5/15/2017. (sm, ) (Entered: 05/15/2017)

2017-05-15

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Unopposed MOTION to Withdraw as Attorney Unopposed Motion to Withdraw Counsel by Buyseasons, Inc., Buyseasons, Inc.. (Attachments: # 1 Text of Proposed Order)(Kim, Gina) (Entered: 08/10/2018)

2018-08-10

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ORDER granting 89 Motion to Withdraw as Attorney. Attorney Gina Kyungjin Kim terminated. Signed by District Judge Robert W. Schroeder, III on 8/14/2018. (slo, ) (Entered: 08/14/2018)

2018-08-14

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USCA JUDGMENT - Federal Circuit affirming the District Court grant of summary judgment. Mandate will be issued in due course. Issued: August 15, 2018 as to 84 Notice of Appeal - FEDERAL CIRCUIT (Attachments: # 1 Opinion, # 2 Petitions for rehearing, # 3 Supreme Court Infor Sheet)(ch, ) (Entered: 08/15/2018)

2018-08-15

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MANDATE of USCA -FEDERAL CIRCUIT as to 84 Notice of Appeal - FEDERAL CIRCUIT. Mandate issued to the United States District Court for the Eastern District of Texas ( USCA - FEDERAL NO. 17-1980) (ch, ) (Entered: 09/21/2018)

2018-09-21

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Overview

Parties

Defendant

Autozone.com, Inc. Follow

Represented By

Harry and David, LLC Follow

Represented By

Rakuten Commerce, LLC Follow

Represented By

Counter Claimant

Buyseasons, Inc. Follow

Represented By

Counter Defendant

BSG Tech LLC Follow

Represented By

Counterclaim Plaintiff

Staples, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

COMPLAINT against Autozone.com, Inc. ( Filing fee $ 400 receipt number 0540-5751098.), filed by BSG Tech LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Bennett, David) (Entered: 05/19/2016)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Bennett, David) (Entered: 05/19/2016)

CORPORATE DISCLOSURE STATEMENT filed by BSG Tech LLC (Bennett, David) (Entered: 05/19/2016)

NOTICE by BSG Tech LLC (Plaintiff's Notice of Related Cases) (Bennett, David) (Entered: 05/19/2016)

SUMMONS Issued as to Autozone.com, Inc.. (ch, ) (Entered: 05/19/2016)

Notice of Magistrate Availability

Case Assigned/Reassigned

Case assigned to Judge Robert W. Schroeder, III. (ch, )

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Autozone.com, Inc. (filed by BSG Tech LLC).( Bennett, David) (Entered: 06/07/2016)

Application Granted for Extension of Time to Answer Complaint

Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Autozone.com, Inc. to 7/11/2016. 30 Days Granted for Deadline Extension.( sm, )

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Autozone.com, Inc. (filed by BSG Tech LLC).(Bennett, David) (Entered: 07/05/2016)

Application Granted for Extension of Time to Answer Complaint

Defendant's Unopposed SECOND Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Autozone.com, Inc. to 7/26/2016. 15 Days Granted for Deadline Extension.( ch, )

NOTICE of Attorney Appearance by Darby Vincent Doan on behalf of Autozone.com, Inc. (Doan, Darby) (Entered: 07/22/2016)

NOTICE of Attorney Appearance by Christy Samansky Hawkins on behalf of Autozone.com, Inc. (Hawkins, Christy) (Entered: 07/22/2016)

AutoZone's ANSWER to 1 Complaint, Defenses and, COUNTERCLAIM against BSG Tech LLC by Autozone.com, Inc..(Doan, Darby) (Entered: 07/26/2016)

CORPORATE DISCLOSURE STATEMENT filed by Autozone.com, Inc. (Doan, Darby) (Entered: 07/26/2016)

Notice of Magistrate Availability

NOTICE of Readiness for Scheduling Conference by BSG Tech LLC (Bennett, David) (Entered: 08/02/2016)

ANSWER to 10 Answer to Complaint, Counterclaim of Autozone.com, Inc. by BSG Tech LLC.(Bennett, David) (Entered: 08/10/2016)

ORDER Setting Scheduling Conference, ( Scheduling Conference set for 10/7/2016 10:15 AM in Ctrm 319 (Texarkana) before Judge Robert W. Schroeder III.). Signed by Judge Robert W. Schroeder, III on 9/16/2016. (sm, ) (Entered: 09/16/2016)

NOTICE of Attorney Appearance by Jennifer Parker Ainsworth on behalf of Harry and David, LLC (Ainsworth, Jennifer) (Entered: 09/16/2016)

NOTICE by Rakuten Commerce, LLC of Attorney Attending Scheduling Conference (Smith, Melissa) (Entered: 09/21/2016)

NOTICE of Attorney Appearance by Gina Kyungjin Kim on behalf of Buyseasons, Inc., Buyseasons, Inc. (Kim, Gina) (Entered: 09/22/2016)

NOTICE by Buyseasons, Inc., Buyseasons, Inc. Notice of Attorney Attending Scheduling Conference (Kim, Gina) (Entered: 09/22/2016)

NOTICE by BSG Tech LLC of Attorney Attending Scheduling Conference (Bennett, David) (Entered: 09/23/2016)

NOTICE of Attorney Appearance - Pro Hac Vice by Terry L Clark on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961822. (Clark, Terry) (Entered: 09/29/2016)

NOTICE of Attorney Appearance - Pro Hac Vice by John S Golwen on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961840. (Golwen, John) (Entered: 09/29/2016)

NOTICE of Attorney Appearance - Pro Hac Vice by Annie T Christoff on behalf of Autozone.com, Inc.. Filing fee $ 100, receipt number 0540-5961843. (Christoff, Annie) (Entered: 09/29/2016)

NOTICE by Harry and David, LLC of Attorney Attending Scheduling Conference (Ainsworth, Jennifer) (Entered: 09/30/2016)

NOTICE by Autozone.com, Inc. Regarding Attendance at Scheduling Conference (Doan, Darby) (Entered: 09/30/2016)

NOTICE of Attorney Appearance by William Robert Lamb on behalf of Rakuten Commerce, LLC (Lamb, William) (Entered: 09/30/2016)

NOTICE of Attorney Appearance by William Robert Lamb on behalf of Staples, Inc. (Lamb, William) (Entered: 09/30/2016)

NOTICE by Staples, Inc. of Attorney Attending Scheduling Conference (Papastavros, Nicholas) (Entered: 09/30/2016)

Joint MOTION for Entry of an Agreed Docket Control Order by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 09/30/2016)

NOTICE by BSG Tech LLC of Compliance with PR 3-1 and 3-2 Disclosures (Bennett, David) (Entered: 09/30/2016)

Joint MOTION for Entry of an Agreed Discovery Order by BSG Tech LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 09/30/2016)

Joint MOTION Opposed Motion for Entry of a Proposed Protective Order by BSG Tech LLC. (Attachments: # 1 Exhibit A - BSG Tech's Proposed Protective Order, # 2 Exhibit B - Defendants' Proposed Protective Order, # 3 Exhibit C - Comparison of Disputed Terms)(Bennett, David) (Entered: 09/30/2016)

NOTICE by Rakuten Commerce, LLC (Amended Notice of Attorney Attending Scheduling Conference) (Smith, Melissa) (Entered: 10/03/2016)

Reply in Support of Defendant Harry and David, LLCs Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (C.A. No. 2:16-cv-531 at Dkt. No. 11) by Harry and David, LLC. (Grove, Andrew) (Entered: 10/03/2016)

Scheduling Conference held on 10/7/2016 held before Judge Robert W. Schroeder III. Attorneys in attendance were David Bennett, Bobby Lamb, Jennifer Ainsworth, Darby Doan and Gina Kim. (bas)

Scheduling Conference

DISCOVERY ORDER; Motion terminated 32 Motion for Entry of an Agreed Discovery Order. Signed by Judge Robert W. Schroeder, III on 10/11/16. (mrm, ) (Entered: 10/11/2016)

NOTICE by BSG Tech LLC Joint Notice Regarding Mediation (Attachments: # 1 Text of Proposed Order)(Bennett, David) (Entered: 10/12/2016)

Set Trial Management Order Deadlines Per Order dkt # 36 : Jury Trial set for 2/20/2018 09:00 AM in Ctrm 106 (Marshall) before Judge Robert W. Schroeder III. (mrm, )

Set/Reset Trial Management Order Deadlines

RESPONSE to 35 Response to Non-Motion Surreply to Harry & David, LLC's Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) (C.A. No. 2:16-cv-531 at Dkt. No. 11) filed by BSG Tech LLC. (Bennett, David) (Entered: 10/13/2016)

JOINT NOTICE to Court Regarding Protective Order by BSG Tech LLC re 33 Joint Opposed MOTION for Entry of a Proposed Protective Order (Bennett, David) (Entered: 10/21/2016)

NOTICE by Harry and David, LLC of Compliance Regarding Service of Initial and Additional Disclosures (Grove, Andrew) (Entered: 10/28/2016)

NOTICE by Rakuten Commerce, LLC of Compliance Regarding Service of Initial and Additional Disclosures (Sumitani, Shunsuke) (Entered: 10/28/2016)

NOTICE by Autozone.com, Inc. of Initial and Additional Disclosures (Doan, Darby) (Entered: 10/28/2016)

NOTICE by Buyseasons, Inc., Buyseasons, Inc. Defendant BuySeasons, Inc.'s Notice of Compliance Regarding Paragraphs 1 and 3 of Discovery Order (Bonilla, Ricardo) (Entered: 10/28/2016)

NOTICE by BSG Tech LLC of Compliance with Additional and Additional Disclosures (Bennett, David) (Entered: 10/28/2016)

Autozone.com, Inc.

Harry and David, LLC

Rakuten Commerce, LLC

Buyseasons, Inc.

BSG Tech LLC

Staples, Inc.