CANVS Corporation v. Nivisys, LLC

Application Number	Patent Number	External Links
-	US6911652	Espacenet Google Patents

COMPLAINT against Nivisys, LLC with Jury Demand filed by CANVS Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet)(SPB) (Entered: 02/21/2014)

2014-02-19

1

View

SUMMONS issued as to Nivisys, LLC. (SPB) (Entered: 02/21/2014)

2014-02-19

1

View

FEES paid by CANVS Corporation (Filing fee $400.00 receipt number FTM005789) Balance due $0 (SPB)

2014-02-20

1

No Actions

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 2/21/2014. (SPB) (Entered: 02/21/2014)

2014-02-21

1

View

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/10/2014. Signed by All Divisional Judges on 2/24/2014. (BJH) (Entered: 02/24/2014)

2014-02-24

1

View

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/10/2014. Signed by Judge Sheri Polster Chappell on 2/24/2014. (BJH) (Entered: 02/24/2014)

2014-02-24

1

View

NOTICE of pendency of related cases per Local Rule 1.04(d) by CANVS Corporation. Related case(s): Yes (Zito, Joseph) (Entered: 03/25/2014)

2014-03-25

1

View

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by CANVS Corporation. (Zito, Joseph) (Entered: 03/25/2014)

2014-03-25

1

View

FEES paid by CANVS Corporation (Filing fee $400.00 receipt number FTM005971) (SPB)

2014-03-28

1

No Actions

NOTICE of Apperance of Anthony Lawhon filed by Appearance by Joseph J. Zito on behalf of CANVS Corporation (Zito, Joseph) (Entered: 04/03/2014)

2014-04-02

1

View

MOTION for Joseph J. Zito to appear pro hac vice by CANVS Corporation. (Zito, Joseph) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/03/2014)

2014-04-03

1

View

ORDER granting 9 Motion for Pro Hac Admission of Joseph J. Zito. Unless already completed, within 14 days, Mr. Zito shall send to the Clerk's Office, the application for special admission to practice along with the required $10.00 application fee. Within 14 days, Mr. Zito shall register for CM/ECF. Signed by Magistrate Judge Douglas N. Frazier on 4/3/2014. (CAS) (Entered: 04/03/2014)

2014-04-03

1

View

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Joseph Zito, appearing on behalf of CANVS Corporation (Filing fee $10 receipt number FTM6050.) Related document: 9 MOTION for Joseph J. Zito to appear pro hac vice. (BJH)

2014-04-16

1

No Actions

ANSWER and affirmative defenses to 1 Complaint with Jury Demand, COUNTERCLAIM against CANVS Corporation by Nivisys, LLC.(Szabo, Douglas) (Entered: 05/20/2014)

2014-05-20

1

View

CORPORATE Disclosure Statement by Nivisys, LLC identifying Corporate Parent First Texas Holdings Corporation for Nivisys, LLC.. (Szabo, Douglas) (Entered: 05/20/2014)

2014-05-20

1

View

NOTICE of hearing: Preliminary Pretrial Conference set for 7/28/2014 at 02:00 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Any motion or other filing pertaining to the Preliminary Pretrial Conference must be filed (3) three business days in advance of the hearing to ensure consideration. Any motion or other filing that is filed outside of this time will only be considered if good cause is shown for its late filing. (LMF) (Entered: 05/21/2014)

2014-05-21

1

View

REPLY to 11 Counterclaim and Affirmative Defenses by CANVS Corporation. Related document: 11 Answer to ComplaintCounterclaim filed by Nivisys, LLC.(Zito, Joseph) (Entered: 06/11/2014)

2014-06-11

1

View

CASE MANAGEMENT REPORT. (Zito, Joseph) (Entered: 07/02/2014)

2014-07-02

1

View

MOTION to stay Case by Nivisys, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Szabo, Douglas) (Entered: 07/03/2014)

2014-07-03

1

View

MOTION for Matthew Borick to appear pro hac vice by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 07/03/2014)

2014-07-03

1

View

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Matthew Borick. (Szabo, Douglas) (Entered: 07/03/2014)

2014-07-03

1

View

ORDER granting 17 Motion to Admit Pro Hac Vice Matthew S. Borick. Unless already completed, within 14 days, Attorney Matthew S. Borick shall send to the Clerk's Office, the application for special admission to practice along with the required $10.00 application fee. The Clerk is directed to add Matthew S. Borick to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Douglas N. Frazier on 7/3/2014. (brh) (Entered: 07/03/2014)

2014-07-03

1

View

Unopposed MOTION for miscellaneous relief, specifically reset Preliminary Pretrial Conference by CANVS Corporation. (Zito, Joseph) (Entered: 07/07/2014)

2014-07-07

1

View

ENDORSED ORDER granting 20 the Unopposed Motion to Reset Preliminary Pretrial Conference. The Preliminary Pretrial Conference shall be rescheduled to August 18, 2014 at 2:00 P.M. The Clerk is directed to issue a Notice rescheduling the hearing date and time. Signed by Judge Sheri Polster Chappell on 7/8/2014. (LMF) (Entered: 07/08/2014)

2014-07-08

1

View

NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 7/28/2014 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 8/18/2014 at 02:00 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) (Entered: 07/08/2014)

2014-07-08

1

View

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew Borick, appearing on behalf of Nivisys, LLC (Filing fee $10 receipt number FTM6367.) Related document: 17 MOTION for Matthew Borick to appear pro hac vice. (BJH)

2014-07-09

1

No Actions

RESPONSE in Opposition re 16 MOTION to stay Case filed by CANVS Corporation. (Attachments: # 1 Exhibit A - ORDER Denying Motion to Stay, # 2 Exhibit B - Order denying Motion to Stay, # 3 Exhibit C - IPR stats from USPTO)(Zito, Joseph) (Entered: 07/21/2014)

2014-07-21

1

View

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Nivisys, LLC identifying Corporate Parent Nivisys, LLC for Nivisys, LLC.. (Szabo, Douglas) (Entered: 07/25/2014)

2014-07-25

1

View

ORDER denying without prejudice 16 Defendant Nivisys, LLC's Motion to Stay. Signed by Judge Sheri Polster Chappell on 7/31/2014. (LMF)

2014-07-31

1

Download

Unopposed MOTION to Appear Telephonically at Preliminary Pretrial Conference by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 08/05/2014)

2014-08-05

1

View

ENDORSED ORDER granting 26 Motion to Appear Telephonically at Preliminary Pretrial Conference. Counsel is directed to contact Leslie Friedmann, Courtroom Deputy, at 239-461-2068 to obtain instructions regarding telephonic appearance. Signed by Judge Sheri Polster Chappell on 8/6/2014. (LMF) (Entered: 08/06/2014)

2014-08-06

1

View

NOTICE OF RESCHEDULING HEARING DUE TO COURT SCHEDULE: The Preliminary Pretrial Conference hearing previously scheduled for 8/18/2014 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 8/19/2014 at 02:00 PM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) (Entered: 08/15/2014)

2014-08-15

1

View

Minute Entry. Proceedings held before Judge Sheri Polster Chappell: PRELIMINARY PRETRIAL CONFERENCE held on 8/19/2014. Anthony Lawhon, Esq., and Joseph Zito, Esq., appeeared on behalf of the Plaintiffs. Douglas Szabo, Esq., appeared in person and Matthew Borick, Esq., appeared by telephone on behalf of the Defendants. Court discussed the propose case management dates submitted in the case management report. Written case management and scheduling order to follow. Court Reporter: Lori L. Bundy (LMF) (Entered: 08/19/2014)

2014-08-19

1

View

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/23/2014, All other motions due by 12/15/2015, Final Pretrial Conference set for 1/15/2016 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Jury Trial set for trial term beginning 2/1/2016 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 3/2/2015. Lead counsel to coordinate dates. Signed by Judge Sheri Polster Chappell on 8/21/2014. (LMF) (Entered: 08/21/2014)

2014-08-21

1

View

MOTION for R. Bradford Fawley to appear pro hac vice by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 09/19/2014)

2014-09-19

1

View

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas B. Szabo. Non-Resident Counsel: R. Bradford Fawley. (Szabo, Douglas) (Entered: 09/19/2014)

2014-09-19

1

View

ORDER granting 31 Motion to Admit Pro Hac Vice R. Bradford Fawley. Unless already completed, within 14 days, Attorney R. Bradford Fawley shall send to the Clerk's Office, the application for special admission to practice along with the required $10.00 application fee. The Clerk is directed to add Bradford Fawley to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Douglas N. Frazier on 9/19/2014. (brh) (Entered: 09/19/2014)

2014-09-19

1

View

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney R. Bradford Fawley, appearing on behalf of Nivisys, LLC (Filing fee $10 receipt number FTM6706.) Related document: 31 MOTION for R. Bradford Fawley to appear pro hac vice. (BJH)

2014-09-23

1

No Actions

CERTIFICATE of service by Nivisys, LLC for First Set of Interrogatories and Requests for Production to Plaintiff. (Borick, Matthew) (Entered: 09/26/2014)

2014-09-26

1

View

ORDER.The Technology Tutorial Conference is REFERRED to United States Magistrate Judge Douglas N. Frazier. The parties shall contact Judge Frazier's Courtroom Deputy, Bette-Jo Herren, at 239-461-2007, on or before October 31, 2014, to inquire about Judge Frazier's (1) preference for scheduling the Technology Tutorial Conference contemporaneously with, or separate and independent of the Claim Construction Hearing; and (2) rules, procedures, and/or expectations for the Technology Tutor ial Conference. The Claim Construction Hearing is REFERRED to Judge Frazier to hold and issue any order deemed appropriate thereafter. The parties shall contact Judge Frazier's courtroom deputy Bette-Jo Herren, at 239-461-2007, on or before October 31, 2014, to arrange for a mutually agreeable time to conduct the Claim Construction Hearing prior to on or about February 2, 2015. Signed by Judge Sheri Polster Chappell on 10/21/2014. (LMF)

2014-10-21

1

Download

STATUS report (Joint Claim Construction Statement) by Nivisys, LLC. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Borick, Matthew) (Entered: 11/03/2014)

2014-11-03

1

View

RENEWED MOTION to stay case pending (1) final judgment in parallel proceedings in the U.S. Court of Federal Claims; and (2) Inter Partes review of patent-in-suit before patent trial and appeal board by Nivisys, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Borick, Matthew) Modified on 11/6/2014 to edit docket text (SLU). (Entered: 11/06/2014)

2014-11-06

1

View

RESPONSE in Opposition re 37 MOTION to stay (Renewed) filed by CANVS Corporation. (Zito, Joseph) (Entered: 11/19/2014)

2014-11-19

1

View

NOTICE by CANVS Corporation of Filing Opening Claim Construction Brief (Attachments: # 1 Exhibit A - '652 Patent in Suit, # 2 Exhibit B - Claim Chart, # 3 Exhibit C - Gillespie Expert Report, # 4 Exhibit D - Office Action form Prosecution History, # 5 Exhibit E - Barnes GB '397, # 6 Exhibit F - Docket Entry #81 From Court of Claims)(Zito, Joseph) (Entered: 12/01/2014)

2014-12-01

1

View

ORDER granting 37 Defendant Nivisys, LLC's Renewed Motion to Stay Case Pending (1) Final Judgment in Parallel Proceedings in the U.S. Court of Federal Claims; and (2) Inter Partes Review of Only Patent-In-Suit Before Patent Trial and Appeal Board. (2)The Clerk of the Court is directed to STAY this case pending the United States Patent and Trade Office's final decision in the inter partes review of the '652 Patent, including any appeals. The Clerk is specifically directed to p lace a stay flag on the docket.(3)The parties shall file a status report with respect to the inter partes review process on or before March 5, 2015, and every ninety (90) days thereafter until the PTO proceedings have concluded. (4)The parties shall file a joint report within fourteen (14) days after the conclusion of the inter partes review, informing the Court of the PTO's decision and, if applicable, requesting the Court to lift the stay. Signed by Judge Sheri Polster Chappell on 12/5/2014. (LMF)

2014-12-05

1

Download

JOINT STATUS report by Nivisys, CANVS Corporation. (Lawhon, Anthony) Modified on 3/6/2015 to correct party filers (SPB). (Entered: 03/05/2015)

2015-03-05

1

View

JOINT STATUS report by CANVS Corporation, Nivisys, LLC. (Attachments: # 1 Exhibit IPR Termination Notice)(Zito, Joseph) Modified on 5/21/2015, to correct docket entry (SPB). (Entered: 05/19/2015)

2015-05-19

1

View

ORDER re 42 Status report filed by Nivisys, LLC, CANVS Corporation. The Clerk of the Court shall LIFT the stay flag placed on the docket. Plaintiff CANVS Corporation and Defendant Nivisys, LLC must jointly file an Amended Case Management and Scheduling Order in Patent Case on or before June 9, 2015, to reset dates for this matter. The parties are directed to use the form found on the undersigned's website at http://www.flmd.uscourts.gov/judicialinfo/ftmyers/JgChappell.htm. Signed by Judge Sheri Polster Chappell on 5/29/2015. (LMF)

2015-05-29

1

Download

CASE MANAGEMENT REPORT. (Zito, Joseph) (Entered: 06/09/2015)

2015-06-09

1

View

Case reassigned to Magistrate Judge Mac R. McCoy pursuant to 2:15-mc-9-FtM-38. New case number: 2:14-cv-99-FtM-38MRM. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (DH) (Entered: 07/02/2015)

2015-07-02

1

View

Case Assigned/Reassigned

2015-07-02

1

No Actions

NOTICE by Nivisys, LLC Defendant's Brief on Claim Construction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Szabo, Douglas) (Entered: 07/07/2015)

2015-07-07

1

View

MOTION for Richard L. Brophy to appear pro hac vice by Nivisys, LLC. (Attachments: # 1 Brophy Special Admission Attorney Certification)(Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/07/2015)

2015-07-07

1

View

MOTION for Mark A. Thomas to appear pro hac vice by Nivisys, LLC. (Attachments: # 1 Thomas Special Admission Certification)(Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/07/2015)

2015-07-07

1

View

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 7/29/2016, All other motions due by 7/29/2016, Final Pretrial Conference set for 8/19/2016 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Jury Trial set for trial term beginning 9/6/2016 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 4/1/2016. Lead counsel to coordinate dates. Signed by Judge Sheri Polster Chappell on 7/8/2015. (LMF) (Entered: 07/08/2015)

2015-07-08

1

View

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Mark A. Thomas. (Szabo, Douglas) (Entered: 07/08/2015)

2015-07-08

1

View

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Richard L. Brophy. (Szabo, Douglas) (Entered: 07/08/2015)

2015-07-08

1

View

NOTICE of hearing: CLAIM CONSTRUCTION Hearing set for 9/22/2015 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) (Entered: 07/09/2015)

2015-07-09

1

View

ORDER granting 47 Motion to Admit Pro Hac Vice Richard L. Brophy; and Motion to Admit Pro Hac Vice Mark A. Thomas. Unless already completed, within 14 days, Attorney Richard L. Brophy and Mark A. Thomas shall send to the Clerk's Office, the application for special admission to practice along with the required application fee. The Clerk is directed to add Richard L. Brophy and Mark A. Thomas to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 7/9/2015. (brh) (Entered: 07/09/2015)

2015-07-09

1

View

Notice of hearing

2015-07-09

1

No Actions

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Richard Brophy and Mark Thomas, appearing on behalf of Nivisys, LLC (Filing fee $300.00 receipt number FTM7979.) Related document: 48 MOTION for Mark A. Thomas to appear pro hac vice, 47 MOTION for Richard L. Brophy to appear pro hac vice. (BJH)

2015-07-13

1

No Actions

Pro Hac Vice Fees paid

2015-07-13

1

No Actions

NOTICE OF SELECTION of Nulman, James L. as mediator by CANVS Corporation and Nivisys, LLC. (Zito, Joseph) Modified on 7/23/2015 to add filer and edit docket text (SLU). (Entered: 07/23/2015)

2015-07-23

1

View

NOTICE of mediation conference/hearing to be held on February 9, 2016 at 9:30 a.m. before James Nulman.(Szabo, Douglas) (Entered: 07/27/2015)

2015-07-27

1

View

MOTION for R. Bradford Fawley and Matthew S. Borick to withdraw as attorney by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/27/2015)

2015-07-27

1

View

JOINT CLAIM Construction Pre-hearing Statement by CANVS Corporation & Nivisys, LLC re 52 Notice of hearing Joint Pre-Hearing Statement (Attachments: # 1 Exhibit A - Joint Claim Chart)(Zito, Joseph) Modified on 7/28/2015, to correct party filers. (SPB). (Entered: 07/27/2015)

2015-07-27

1

View

MOTION to Strike 46 Notice (Other) Undisclosed Extrinsic Evidence by CANVS Corporation. (Zito, Joseph) (Entered: 08/05/2015)

2015-08-05

1

View

ORDER denying without prejudice 56 Motion to Withdraw as Counsel. Signed by Magistrate Judge Mac R. McCoy on 8/14/2015. (brh) (Entered: 08/14/2015)

2015-08-14

1

View

RESPONSE in Opposition re 58 MOTION to Strike 46 Notice (Other) Undisclosed Extrinsic Evidence filed by Nivisys, LLC. (Attachments: # 1 Exhibit 1 - Gillespie Depo Excerpts, # 2 Exhibit 2 - Gillespie Expert Report, # 3 Exhibit 3 - Brophy Email to Zito)(Thomas, Mark) (Entered: 08/24/2015)

2015-08-24

1

View

Amended MOTION for R. Bradford Fawley and Matthew S. Borick to withdraw as attorney by Nivisys, LLC. (Borick, Matthew) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 08/27/2015)

2015-08-27

1

View

MOTION to Strike Motion to Exclude Testimony by Nivisys, LLC. (Thomas, Mark) (Entered: 08/27/2015)

2015-08-27

1

View

RESPONSE to Motion re 62 MOTION to Strike Motion to Exclude Testimony filed by CANVS Corporation. (Zito, Joseph) (Entered: 09/09/2015)

2015-09-09

1

View

ORDER granting 61 Amended Motion to Withdraw as Counsel.Attorneys Bradford Fawley and Matthew S. Borick of the law firm Downs Rachlin Martin PLLC are permitted to withdraw as counsel for Defendant. Attorneys Bradford Fawley and Matthew S. Borick of the law firm Downs Rachlin Martin PLLC shall have no further responsibility in this case. The Clerk is directed to remove Attorneys Bradford Fawley and Matthew S. Borick of the law firm Downs Rachlin Martin PLLC from receiving electronic notification and amend the docket accordingly. Signed by Magistrate Judge Mac R. McCoy on 9/14/2015. (brh) (Entered: 09/14/2015)

2015-09-14

1

View

ORDER denying 58 Plaintiff Canvs Corporation's Motion to Strike Non-Listed Extrinsic Evidence and Newly Raised Issues Derived Therefrom. Signed by Judge Sheri Polster Chappell on 9/16/2015. (LMF)

2015-09-16

1

Download

ORDER granting in part and denying in part 62 Defendant Nivisys, LLC's ("Nivisys") Motion to Exclude Testimony. The Motion is GRANTED to the extent only counsel for the Parties shall explain the technology at issue at the non-ad versarial technology tutorial conference. The remainder of the Motion, seeking exclusion of any undisclosed witnesses, is DENIED as Moot, as Plaintiff Canvs Corporation does not plan to call any witnesses other than those already disclosed. Signed by Judge Sheri Polster Chappell on 9/16/2015. (LMF)

2015-09-16

1

Download

Joint MOTION for leave to file for Leave to Bring Equipment Into Courtroom for Use During the 9/22/15 Technology Tutorial Conference and Claim Construction Hearing by All Defendants. (Brophy, Richard) (Entered: 09/17/2015)

2015-09-17

1

View

ORDER granting 67 the Parties' Joint Motion for Leave to Bring Equipment Into Courtroom for Use During the September 22, 2015 Technology Tutorial Conference and Claim Construction Hearing to the extent specified. The Parties are permitted to set up the equipment in the courtroom beginning at 8:30 A.M., or shortly thereafter. Signed by Judge Sheri Polster Chappell on 9/18/2015. (LMF) (Entered: 09/18/2015)

2015-09-18

1

View

Minute Entry. Proceedings held before Judge Sheri Polster Chappell: Evidentiary Hearing (Technology Tutorial and Claims Construction) held on 9/22/2015. Joseph Zito, Esq., appeared on behalf of the Plaintiffs. Richard Brophy, Esq., Mark Thomas, Esq., Doug Szabo, Esq., and Maggie Szewczyk, Esq., appeared for the Defendants. Court heard argument from the parties regarding technology tutorial and claims construction. Written order to follow. Court Reporter: Lori L. Bundy (LMF) (Entered: 09/22/2015)

2015-09-22

1

View

Evidentiary Hearing

2015-09-22

1

No Actions

MOTION for summary judgment OF NONINFRINGEMENT AND MEMORANDUM IN SUPPORT by Nivisys, LLC. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 U.S. Pat. No. 6,911,652, # 3 Exhibit 2 Declaration of Mark Belanger, # 4 Exhibit 3 U.K. Patent Application No. GB 2,143,397A, # 5 Exhibit 4 CANVS's Infringement Contentions (July 23, 2014), # 6 Exhibit 5 Amendment in Response to Nonfinal Office Action (January 25, 2005), # 7 Exhibit 6 Court of Claims CANVS's Opening Claim Construction Brief (Doc. 107, filed on November 17, 2014), # 8 Exhibit 7 Court of Claims CANVS's Opposition to MSJ of Invalidity (Doc. 66, filed on May 17, 2013), # 9 Exhibit 8 Court of Claims Summary Judgment Order (Doc. 81, filed on December, 13, 2013), # 10 Exhibit 9 Court of Claims Order on Reconsideration (Doc. 88, filed on April 14, 2014), # 11 Exhibit 10 TACS/TACS-M Manual, # 12 Exhibit 11 AN/PVS-14 Manual, # 13 Exhibit 12 AN/PVS-14A Manual, # 14 Exhibit 13 AN/PVS-7B/D Manual, # 15 Exhibit 14 AN/PVS-18 Brochure, # 16 Exhibit 15 AN/PVS-23 Brochure, # 17 Exhibit 16 MUM-14/14A Manual)(Brophy, Richard) (Entered: 10/23/2015)

2015-10-23

1

View

Consent MOTION for Leave to File Excess Pages re MOTION FOR SUMMARY JUDGEMENT IN EXCESS OF TWENTY-FIVE PAGES by Nivisys, LLC. (Brophy, Richard) (Entered: 10/23/2015)

2015-10-23

1

View

SUMMARY JUDGMENT NOTICE re 70 MOTION for summary judgment OF NONINFRINGEMENT AND MEMORANDUM IN SUPPORT (SPB) (Entered: 10/26/2015)

2015-10-26

1

View

ORDER re 57 the Parties' Joint Claim Construction Pre-Hearing Statement filed on July 27, 2015; Plaintiff CANVS Corporation's Opening Claim Construction Brief 39 filed on December 1, 2014; and Defendant Nivisys, LLC's Brief on Claim Construction 46 filed on July 7, 2014. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 10/29/2015. (LMF)

2015-10-29

1

Download

ENDORSED ORDER. Because of the complex nature of this action, the Court finds good cause to grant Defendant Nivisys, LLC's Motion for Leave to File Excess Pages (Doc. # 71 ). That said, the Court will allow Plaintiff CANVS Corporation to add seven (7) pages to its response. In the future, however, the parties must seek leave from the Court BEFORE filing excess pages. Signed by Judge Sheri Polster Chappell on 11/2/2015. (EMK) (Entered: 11/02/2015)

2015-11-02

1

View

Order on Motion for Leave to File Excess Pages

2015-11-02

1

No Actions

TRANSCRIPT of Motion Hearing held on 9/22/2015 before Judge Sheri Polster Chappell. Court Reporter/Transcriber Lori L. Bundy,Telephone number 239-461-2064. 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 or purchased through the Court Reporter.. Redaction Request due 11/27/2015, Redacted Transcript Deadline set for 12/7/2015, Release of Transcript Restriction set for 2/4/2016. (LLB) (Entered: 11/06/2015)

2015-11-06

1

View

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Lori L. Bundy. (LLB) (Entered: 11/06/2015)

2015-11-06

1

View

Notice to counsel of filing of official transcript

2015-11-06

1

No Actions

MEMORANDUM in opposition and REQUEST for additional time to respond re 70 Motion for summary judgment filed by CANVS Corporation. (Zito, Joseph) Modified on 11/10/2015, to correct docket entry (SPB). (Entered: 11/09/2015)

2015-11-09

1

View

ENDORSED ORDER granting Plaintiff CANVS Corporation's Motion for Extension of Time to File Response (Doc. # 77 ). Should the parties fail to reach a final resolution of this matter, Plaintiff shall have until November 16, 2015, to file its response in opposition to Defendant's Motion for Summary Judgment. Signed by Judge Sheri Polster Chappell on 11/12/2015. (EMK) (Entered: 11/12/2015)

2015-11-12

1

View

Order on Motion for Extension of Time to File Response/Reply

2015-11-12

1

No Actions

JOINT MOTION to enter consent judgment by Nivisys,LLC and CANVS Corporation. (Zito, Joseph) Modified on 11/17/2015, to add party filers (SPB). (Entered: 11/16/2015)

2015-11-16

1

View

ORDER granting in part 79 Motion for judgment. Judgment is entered against Plaintiff Canvs Corporation, and in favor of Defendant Nivisys, LLC, on Counts I and II for inducement of infringement and contributory infringement Doc. 1 . Judgment is entered against Plaintiff Canvs Corporation, and in favor of Defendant Nivisys, LLC, on Count I of the Counterclaim for non-infringement Doc. 11 . The Clerk is directed to terminate any pending motions or deadlines, enter judgment accordingly, and close this file. Signed by Judge Sheri Polster Chappell on 11/18/2015. (laf) (Entered: 11/18/2015)

2015-11-18

1

View

ENDORSED ORDER. This matter comes before the Court on review of the file. Because Defendant Nivisys, LLC's Counterclaim II, seeking declaratory judgment of invalidity of the '652 Patent, has not yet been resolved, the Clerk is directed to keep this file open. On or before November 30, 2015, the parties shall jointly advise the Court, in writing, as to the status of Counterclaim II. Signed by Judge Sheri Polster Chappell on 11/23/2015. (EMK) (Entered: 11/23/2015)

2015-11-23

1

View

STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL by Nivisys, LLC. (Attachments: # 1 Exhibit A (Covenant Not to Sue))(Brophy, Richard) (Entered: 11/23/2015)

2015-11-23

1

View

*Order no pdf

2015-11-23

1

No Actions

ENDORSED ORDER. This matter comes before the Court on the parties' Joint Stipulation of Dismissal with Prejudice (Doc. # 82 ) filed on November 23, 2015. Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a defendant to dismiss a counterclaim voluntarily if a stipulation of dismissal is signed by all parties who have appeared. Therefore, in compliance with Rule 41(a), this action is DISMISSED with prejudice. The Clerk of the Court is directed to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 11/24/2015. (EMK) (Entered: 11/24/2015)

2015-11-24

1

View

JUDGMENT (Signed by Deputy Clerk) (drn) (Entered: 11/24/2015)

2015-11-24

1

View

*Order no pdf

2015-11-24

1

No Actions

MOTION for Attorney Fees by Nivisys, LLC. (Attachments: # 1 Exhibit 1- Thomas Declaration, # 2 Exhibit A to Thomas Declaration (CANVS Infringement contentions with exhibits), # 3 Exhibit B to Thomas Declaration (Response to Nivisys discovery requests))(Brophy, Richard) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 12/01/2015)

2015-12-01

1

View

MOTION to Strike 85 MOTION for Attorney Fees by CANVS Corporation. (Attachments: # 1 Exhibit A - e-mails, # 2 Exhibit B - Attachments)(Zito, Joseph) (Entered: 12/10/2015)

2015-12-10

1

View

RESPONSE in Opposition re 85 MOTION for Attorney Fees filed by CANVS Corporation. (Attachments: # 1 Exhibit A - CANVS Goverment Contracts, # 2 Exhibit B - CANVS SBIR Success Story)(Zito, Joseph) (Entered: 12/18/2015)

2015-12-18

1

View

RESPONSE in Opposition re 86 MOTION to Strike 85 MOTION for Attorney Fees filed by Nivisys, LLC. (Attachments: # 1 Brophy Declaration, # 2 Exhibit A Oct 2014 Emails re Settlement, # 3 Exhibit B Oct 23 2014 Email rejecting settlement offer, # 4 Exhibit C Sept 2015 Email re Settlement, # 5 Exhibit D Oct 30 2015 Emails re Settlement, # 6 Exhibit E Nov 4 Email proposing dismissal, # 7 Exhibit F Nov 9 2015 RLB Email rejecting proposal, # 8 Exhibit G Email proposing consent judgment)(Thomas, Mark) (Entered: 12/28/2015)

2015-12-28

1

View

ORDER denying 85 Defendant NVISYS, LLC's Motion for Fees and Costs; denying as moot 86 Plaintiff CANVS Corporation's Motion to Strike. Signed by Judge Sheri Polster Chappell on 2/18/2016. (LMF)

2016-02-18

1

Download

Overview

Parties

Defendant

Nivisys, LLC Follow

Represented By

Counter Defendant

CANVS Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Nivisys, LLC with Jury Demand filed by CANVS Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet)(SPB) (Entered: 02/21/2014)

SUMMONS issued as to Nivisys, LLC. (SPB) (Entered: 02/21/2014)

FEES paid by CANVS Corporation (Filing fee $400.00 receipt number FTM005789) Balance due $0 (SPB)

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 2/21/2014. (SPB) (Entered: 02/21/2014)

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/10/2014. Signed by All Divisional Judges on 2/24/2014. (BJH) (Entered: 02/24/2014)

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/10/2014. Signed by Judge Sheri Polster Chappell on 2/24/2014. (BJH) (Entered: 02/24/2014)

NOTICE of pendency of related cases per Local Rule 1.04(d) by CANVS Corporation. Related case(s): Yes (Zito, Joseph) (Entered: 03/25/2014)

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by CANVS Corporation. (Zito, Joseph) (Entered: 03/25/2014)

FEES paid by CANVS Corporation (Filing fee $400.00 receipt number FTM005971) (SPB)

NOTICE of Apperance of Anthony Lawhon filed by Appearance by Joseph J. Zito on behalf of CANVS Corporation (Zito, Joseph) (Entered: 04/03/2014)

MOTION for Joseph J. Zito to appear pro hac vice by CANVS Corporation. (Zito, Joseph) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 04/03/2014)

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Joseph Zito, appearing on behalf of CANVS Corporation (Filing fee $10 receipt number FTM6050.) Related document: 9 MOTION for Joseph J. Zito to appear pro hac vice. (BJH)

ANSWER and affirmative defenses to 1 Complaint with Jury Demand, COUNTERCLAIM against CANVS Corporation by Nivisys, LLC.(Szabo, Douglas) (Entered: 05/20/2014)

CORPORATE Disclosure Statement by Nivisys, LLC identifying Corporate Parent First Texas Holdings Corporation for Nivisys, LLC.. (Szabo, Douglas) (Entered: 05/20/2014)

REPLY to 11 Counterclaim and Affirmative Defenses by CANVS Corporation. Related document: 11 Answer to ComplaintCounterclaim filed by Nivisys, LLC.(Zito, Joseph) (Entered: 06/11/2014)

CASE MANAGEMENT REPORT. (Zito, Joseph) (Entered: 07/02/2014)

MOTION to stay Case by Nivisys, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Szabo, Douglas) (Entered: 07/03/2014)

MOTION for Matthew Borick to appear pro hac vice by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 07/03/2014)

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Matthew Borick. (Szabo, Douglas) (Entered: 07/03/2014)

Unopposed MOTION for miscellaneous relief, specifically reset Preliminary Pretrial Conference by CANVS Corporation. (Zito, Joseph) (Entered: 07/07/2014)

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew Borick, appearing on behalf of Nivisys, LLC (Filing fee $10 receipt number FTM6367.) Related document: 17 MOTION for Matthew Borick to appear pro hac vice. (BJH)

RESPONSE in Opposition re 16 MOTION to stay Case filed by CANVS Corporation. (Attachments: # 1 Exhibit A - ORDER Denying Motion to Stay, # 2 Exhibit B - Order denying Motion to Stay, # 3 Exhibit C - IPR stats from USPTO)(Zito, Joseph) (Entered: 07/21/2014)

CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Nivisys, LLC identifying Corporate Parent Nivisys, LLC for Nivisys, LLC.. (Szabo, Douglas) (Entered: 07/25/2014)

ORDER denying without prejudice 16 Defendant Nivisys, LLC's Motion to Stay. Signed by Judge Sheri Polster Chappell on 7/31/2014. (LMF)

Unopposed MOTION to Appear Telephonically at Preliminary Pretrial Conference by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 08/05/2014)

MOTION for R. Bradford Fawley to appear pro hac vice by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Douglas N. Frazier. (Entered: 09/19/2014)

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas B. Szabo. Non-Resident Counsel: R. Bradford Fawley. (Szabo, Douglas) (Entered: 09/19/2014)

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney R. Bradford Fawley, appearing on behalf of Nivisys, LLC (Filing fee $10 receipt number FTM6706.) Related document: 31 MOTION for R. Bradford Fawley to appear pro hac vice. (BJH)

CERTIFICATE of service by Nivisys, LLC for First Set of Interrogatories and Requests for Production to Plaintiff. (Borick, Matthew) (Entered: 09/26/2014)

STATUS report (Joint Claim Construction Statement) by Nivisys, LLC. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Borick, Matthew) (Entered: 11/03/2014)

RESPONSE in Opposition re 37 MOTION to stay (Renewed) filed by CANVS Corporation. (Zito, Joseph) (Entered: 11/19/2014)

JOINT STATUS report by Nivisys, CANVS Corporation. (Lawhon, Anthony) Modified on 3/6/2015 to correct party filers (SPB). (Entered: 03/05/2015)

JOINT STATUS report by CANVS Corporation, Nivisys, LLC. (Attachments: # 1 Exhibit IPR Termination Notice)(Zito, Joseph) Modified on 5/21/2015, to correct docket entry (SPB). (Entered: 05/19/2015)

CASE MANAGEMENT REPORT. (Zito, Joseph) (Entered: 06/09/2015)

Case reassigned to Magistrate Judge Mac R. McCoy pursuant to 2:15-mc-9-FtM-38. New case number: 2:14-cv-99-FtM-38MRM. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (DH) (Entered: 07/02/2015)

Case Assigned/Reassigned

NOTICE by Nivisys, LLC Defendant's Brief on Claim Construction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Szabo, Douglas) (Entered: 07/07/2015)

MOTION for Richard L. Brophy to appear pro hac vice by Nivisys, LLC. (Attachments: # 1 Brophy Special Admission Attorney Certification)(Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/07/2015)

MOTION for Mark A. Thomas to appear pro hac vice by Nivisys, LLC. (Attachments: # 1 Thomas Special Admission Certification)(Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/07/2015)

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Mark A. Thomas. (Szabo, Douglas) (Entered: 07/08/2015)

Written designation and consent to act by Douglas Bennett Szabo on behalf of Nivisys, LLC. Local Counsel: Douglas Szabo. Non-Resident Counsel: Richard L. Brophy. (Szabo, Douglas) (Entered: 07/08/2015)

NOTICE of hearing: CLAIM CONSTRUCTION Hearing set for 9/22/2015 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) (Entered: 07/09/2015)

Notice of hearing

Pro Hac Vice Fees paid

NOTICE OF SELECTION of Nulman, James L. as mediator by CANVS Corporation and Nivisys, LLC. (Zito, Joseph) Modified on 7/23/2015 to add filer and edit docket text (SLU). (Entered: 07/23/2015)

NOTICE of mediation conference/hearing to be held on February 9, 2016 at 9:30 a.m. before James Nulman.(Szabo, Douglas) (Entered: 07/27/2015)

MOTION for R. Bradford Fawley and Matthew S. Borick to withdraw as attorney by Nivisys, LLC. (Szabo, Douglas) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/27/2015)

JOINT CLAIM Construction Pre-hearing Statement by CANVS Corporation & Nivisys, LLC re 52 Notice of hearing Joint Pre-Hearing Statement (Attachments: # 1 Exhibit A - Joint Claim Chart)(Zito, Joseph) Modified on 7/28/2015, to correct party filers. (SPB). (Entered: 07/27/2015)

MOTION to Strike 46 Notice (Other) Undisclosed Extrinsic Evidence by CANVS Corporation. (Zito, Joseph) (Entered: 08/05/2015)

ORDER denying without prejudice 56 Motion to Withdraw as Counsel. Signed by Magistrate Judge Mac R. McCoy on 8/14/2015. (brh) (Entered: 08/14/2015)

RESPONSE in Opposition re 58 MOTION to Strike 46 Notice (Other) Undisclosed Extrinsic Evidence filed by Nivisys, LLC. (Attachments: # 1 Exhibit 1 - Gillespie Depo Excerpts, # 2 Exhibit 2 - Gillespie Expert Report, # 3 Exhibit 3 - Brophy Email to Zito)(Thomas, Mark) (Entered: 08/24/2015)

Amended MOTION for R. Bradford Fawley and Matthew S. Borick to withdraw as attorney by Nivisys, LLC. (Borick, Matthew) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 08/27/2015)

MOTION to Strike Motion to Exclude Testimony by Nivisys, LLC. (Thomas, Mark) (Entered: 08/27/2015)

RESPONSE to Motion re 62 MOTION to Strike Motion to Exclude Testimony filed by CANVS Corporation. (Zito, Joseph) (Entered: 09/09/2015)

ORDER denying 58 Plaintiff Canvs Corporation's Motion to Strike Non-Listed Extrinsic Evidence and Newly Raised Issues Derived Therefrom. Signed by Judge Sheri Polster Chappell on 9/16/2015. (LMF)

Joint MOTION for leave to file for Leave to Bring Equipment Into Courtroom for Use During the 9/22/15 Technology Tutorial Conference and Claim Construction Hearing by All Defendants. (Brophy, Richard) (Entered: 09/17/2015)

Evidentiary Hearing

Consent MOTION for Leave to File Excess Pages re MOTION FOR SUMMARY JUDGEMENT IN EXCESS OF TWENTY-FIVE PAGES by Nivisys, LLC. (Brophy, Richard) (Entered: 10/23/2015)

SUMMARY JUDGMENT NOTICE re 70 MOTION for summary judgment OF NONINFRINGEMENT AND MEMORANDUM IN SUPPORT (SPB) (Entered: 10/26/2015)

Order on Motion for Leave to File Excess Pages

Notice to counsel of filing of official transcript

MEMORANDUM in opposition and REQUEST for additional time to respond re 70 Motion for summary judgment filed by CANVS Corporation. (Zito, Joseph) Modified on 11/10/2015, to correct docket entry (SPB). (Entered: 11/09/2015)

Order on Motion for Extension of Time to File Response/Reply

JOINT MOTION to enter consent judgment by Nivisys,LLC and CANVS Corporation. (Zito, Joseph) Modified on 11/17/2015, to add party filers (SPB). (Entered: 11/16/2015)

STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL by Nivisys, LLC. (Attachments: # 1 Exhibit A (Covenant Not to Sue))(Brophy, Richard) (Entered: 11/23/2015)

*Order no pdf

JUDGMENT (Signed by Deputy Clerk) (drn) (Entered: 11/24/2015)

*Order no pdf

Nivisys, LLC

CANVS Corporation