Catharon Intellectual Property, LLC v. FedEx Corporate Services, Incorporated

6:14-cv-00061

Overview

Case Number 6:14-cv-00061

Filing Date 2014-02-03

Status Terminated

Termination Date 2015-06-09

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

Presiding Judge Robert W. Schroeder, III

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Counter Claimant

FedEx Corporate Services, Incorporated

Represented By

5 Attorneys Listed

Melissa Richards Smith

Attorney

Jason W Melvin

Attorney

Harry Lee Gillam , Jr

Attorney

Jeffrey Allen Berkowitz

Attorney

Daniel Zeilberger

Attorney

Plaintiff

Catharon Intellectual Property, LLC

Represented By

4 Attorneys Listed

Attorney

Attorney

Attorney

Attorney

Home Depot U.S.A., Inc.

Represented By

2 Attorneys Listed

Nicholas G Papastavros

DLA Piper LLP - Boston

Tel: +1 (617) 406-6019

Fax: +1 (617) 406-6119

33 Arch Street, 26th Floor

Allen Franklin Gardner

Gillam & Smith LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

102 N College, Suite 800, Tyler, TX 75702

Defendant

The Home Depot, Inc

Represented By

1 Attorneys Listed

Nicholas G Papastavros

DLA Piper LLP - Boston

Tel: +1 (617) 406-6019

Fax: +1 (617) 406-6119

33 Arch Street, 26th Floor

Photobucket.com, Inc.

Represented By

2 Attorneys Listed

Benjamin N. Simler

Holland & Hart - Denver

Tel: +1 (303) 295-8000

Fax: +1 (303) 295-8162

Holland & Hart - Denver, 555 Seventeenth St.

Jane Michaels

Holland & Hart - Denver

Tel: +1 (303) 295-8162

Fax: +1 (303) 713-6246

Holland & Hart - Denver, 555 Seventeenth St.

Capital One Financial Corporation

Represented By

4 Attorneys Listed

Maya Miriam Eckstein

Hunton & Williams - Richmond

Tel: +1 (804) 788-8788

Hunton & Williams - Richmond, 951 East Byrd St

Daniel G Vivarelli , Jr

Hunton & Williams DC

Tel: +1 (202) 778-2269

Fax: +1 (202) 778-2201

Hunton & Williams DC, 2200 Pennsylvania Avenue, NW

Harry Lee Gillam , Jr

Attorney

Allen Franklin Gardner

Gillam & Smith LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

102 N College, Suite 800, Tyler, TX 75702

United Parcel Service, Inc.

Represented By

3 Attorneys Listed

Derek Scott Neilson

Alston & Bird, LLP - Dallas

Tel: +1 (214) 922-3409

Fax: +1 (214) 922-3839

2828 N. Harwood St, Suite 1800

Robert L Lee

Alston & Bird LLP - Atlanta

Tel: +1 (404) 881-7635

Fax: +1 (404) 881-7777

One Atlantic Center, 1201 West Peachtree Street

Matthew J McNeill

Alston & Bird LLP - Atlanta

Tel: +1 (404) 881-7000

Fax: +1 (404) 881-7777

One Atlantic Center, 1201 West Peachtree Street

Mediator

David Folsom

Represented By

1 Attorneys Listed

David Folsom

Jackson Walker LLP

Tel: +1 (903) 255-3251

Fax: +1 (903) 255-3266

6002-B Summerfield Drive, Texarkana, TX 75503

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Robert W. Schroeder, III

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

2014-02-03

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COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

2014-02-03

View

COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

2014-02-03

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NOTICE of Attorney Appearance by Stevenson Moore, V on behalf of Catharon Intellectual Property, LLC (Moore, Stevenson) (Entered: 02/07/2014)

2014-02-07

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Catharon Intellectual Property, LLC v. FedEx Corporate Services, Incorporated

Overview

Parties

Counter Claimant

FedEx Corporate Services, Incorporated Follow

Represented By

Plaintiff

Catharon Intellectual Property, LLC Follow

Represented By

Home Depot U.S.A., Inc. Follow

Represented By

Defendant

The Home Depot, Inc Follow

Represented By

Photobucket.com, Inc. Follow

Represented By

Capital One Financial Corporation Follow

Represented By

United Parcel Service, Inc. Follow

Represented By

Mediator

David Folsom Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

COMPLAINT against FedEx Corporate Services, Incorporated ( Filing fee $ 400 receipt number 0540-4504234.), filed by Catharon Intellectual Property, LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Ni, Hao) (Entered: 02/03/2014)

NOTICE of Attorney Appearance by Stevenson Moore, V on behalf of Catharon Intellectual Property, LLC (Moore, Stevenson) (Entered: 02/07/2014)

CORPORATE DISCLOSURE STATEMENT filed by Catharon Intellectual Property, LLC (Moore, Stevenson) (Entered: 02/07/2014)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Moore, Stevenson) (Entered: 02/07/2014)

NOTICE of Attorney Appearance by Timothy Tiewei Wang on behalf of Catharon Intellectual Property, LLC (Wang, Timothy) (Entered: 02/11/2014)

SUMMONS Issued as to FedEx Corporate Services, Incorporated and emailed to pltf for service. (klb) (Entered: 04/30/2014)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re FedEx Corporate Services, Incorporated.( Gillam, Harry) (Entered: 05/14/2014)

NOTICE of Attorney Appearance - Pro Hac Vice by Jason W Melvin on behalf of FedEx Corporate Services, Incorporated. Filing fee $ 100, receipt number 0540-4660648. (Melvin, Jason) (Entered: 05/15/2014)

NOTICE of Attorney Appearance - Pro Hac Vice by Daniel Zeilberger on behalf of FedEx Corporate Services, Incorporated. Filing fee $ 100, receipt number 0540-4660733. (Zeilberger, Daniel) (Entered: 05/15/2014)

MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (4), (5) & 4(m) by FedEx Corporate Services, Incorporated. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Gillam, Harry) (Entered: 06/26/2014)

CORPORATE DISCLOSURE STATEMENT filed by FedEx Corporate Services, Incorporated identifying Corporate Parent FedEx Corporation for FedEx Corporate Services, Incorporated. (Gillam, Harry) (Entered: 06/26/2014)

Unopposed MOTION to Withdraw as Attorney by FedEx Corporate Services, Incorporated. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: 06/26/2014)

NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of FedEx Corporate Services, Incorporated (Smith, Melissa) (Entered: 06/27/2014)

NOTICE of Attorney Appearance by Neal Massand on behalf of Catharon Intellectual Property, LLC (Massand, Neal) (Entered: 07/14/2014)

ORDER granting 12 Motion to Withdraw as Attorney. Attorney Daniel Zeilberger terminated. Signed by Magistrate Judge K. Nicole Mitchell on 7/24/2014. (gsg) (Entered: 07/25/2014)

Unopposed MOTION FOR LEAVE TO FILE SUR-SURREPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (4), (5) & 4(m) by FedEx Corporate Services, Incorporated. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: 08/18/2014)

SUR-REPLY to Reply to Response to Motion re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (4), (5) & 4(m) FedEx Corporate Services, Inc.'s Sur-Surreply in Support of its Motion to Dismiss filed by FedEx Corporate Services, Incorporated. (Gillam, Harry) (Entered: 08/19/2014)

ORDER granting 19 Motion for Leave to File Sur-reply. Signed by Magistrate Judge K. Nicole Mitchell on 08/22/14. (mll, ) (Entered: 08/22/2014)

RESPONSE to Sur-reply re 10 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), (4), (5) & 4(m) Response to Sur-surreply filed by Catharon Intellectual Property, LLC. (Massand, Neal) (Entered: 09/02/2014)

NOTICE of Readiness for Scheduling Conference by Catharon Intellectual Property, LLC (Moore, Stevenson) (Entered: 10/02/2014)

ORDER setting Scheduling/Status Conference for 12/4/2014 10:00 AM before Magistrate Judge K. Nicole Mitchell. Signed by Magistrate Judge K. Nicole Mitchell on 10/15/14. (mll, ) (Entered: 10/15/2014)

NOTICE of Attorney Appearance by Jeffrey Allen Berkowitz on behalf of FedEx Corporate Services, Incorporated (Berkowitz, Jeffrey) (Entered: 10/21/2014)

NOTICE by FedEx Corporate Services, Incorporated Certificate of Interested Parties (Gillam, Harry) (Entered: 10/30/2014)

NOTICE by Capital One Financial Corporation of Financial Interest Certificate (Eckstein, Maya) (Entered: 10/30/2014)

CORPORATE DISCLOSURE STATEMENT filed by Capital One Financial Corporation (Eckstein, Maya) (Entered: 10/30/2014)

NOTICE by Catharon Intellectual Property, LLC of Financially Interested Parties (Moore, Stevenson) (Entered: 10/30/2014)

NOTICE by Photobucket.com, Inc. Certificate of Interested Parties (Michaels, Jane) (Entered: 10/30/2014)

NOTICE by The Home Depot, Inc of Certificate of Interested Parties (Papastavros, Nicholas) (Entered: 10/30/2014)

NOTICE by United Parcel Service, Inc. Financial Interest Certificate (Lee, Robert) (Entered: 11/06/2014)

Unopposed MOTION to Substitute Party by The Home Depot, Inc. (Attachments: # 1 Text of Proposed Order)(Papastavros, Nicholas) (Entered: 11/20/2014)

ORDER granting 36 Motion for Extension of Time. Signed by Magistrate Judge K. Nicole Mitchell on 11/24/14. (mll, ) (Entered: 11/24/2014)

ORDER granting 35 Motion to Substitute Party. Defendant Home Depot U.S.A., Inc. shall be substituted as a defendant in place of The Home Depot, Inc. in the above-styled action. Signed by Magistrate Judge K. Nicole Mitchell on 11/24/14. (mll, ) (Entered: 11/24/2014)

NOTICE by Capital One Financial Corporation, Catharon Intellectual Property, LLC, FedEx Corporate Services, Incorporated, Home Depot U.S.A., Inc., Photobucket.com, Inc., United Parcel Service, Inc. of Proposed Mediators (Moore, Stevenson) (Entered: 11/25/2014)

Joint MOTION to Stay all Pending Deadlines between Catharon Intellectual Property, LLC, and Photobucket.com, Inc. and Notice of Settlement by Catharon Intellectual Property, LLC, Photobucket.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Moore, Stevenson) (Entered: 11/26/2014)

ORDER granting 45 Motion to Stay. All deadlines between Plaintiff and Defendant Photobucket.com Inc are STAYED to 12-31-2014. Signed by Magistrate Judge K. Nicole Mitchell on 12/02/14. (mll, ) (Entered: 12/02/2014)

NOTICE of Attorney Appearance by Derek Scott Neilson on behalf of United Parcel Service, Inc. (Neilson, Derek) (Entered: 12/02/2014)

NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Capital One Financial Corporation (Gardner, Allen) (Entered: 12/02/2014)

NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Home Depot U.S.A., Inc. (Gardner, Allen) (Entered: 12/02/2014)

Minute Entry for proceedings held before Magistrate Judge K. Nicole Mitchell: Scheduling Conference held on 12/3/2014. (Court Reporter L Hardwick.) (leh, ) (Additional attachment(s) added on 12/3/2014: # 1 Attorney Sign-In Sheet) (leh, ). (Entered: 12/03/2014)

DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 12/08/14. (mll, ) (Entered: 12/08/2014)

E-DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 12/08/14. (mll, ) (Entered: 12/08/2014)

PROTECTIVE ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 12/08/14. (mll, ) (Entered: 12/08/2014)

ORDER REFERRING CASE to Mediator. David Folsom added as Mediator. Signed by Magistrate Judge K. Nicole Mitchell on 12/08/14. (mll, ) (Entered: 12/08/2014)

NOTICE of Discovery Disclosure by United Parcel Service, Inc. (Lee, Robert) (Entered: 12/15/2014)

NOTICE by FedEx Corporate Services, Incorporated Notice of Disclosures (Gillam, Harry) (Entered: 12/15/2014)

NOTICE of Discovery Disclosure by Capital One Financial Corporation (Gardner, Allen) (Entered: 12/16/2014)

NOTICE by Catharon Intellectual Property, LLC of Service of Initial Disclosures (Moore, Stevenson) (Entered: 12/16/2014)

NOTICE by Home Depot U.S.A., Inc. of Compliance Regarding Initial Disclosures (Papastavros, Nicholas) (Entered: 12/16/2014)

STIPULATION of Dismissal of Photobucket.com, Inc. by Catharon Intellectual Property, LLC, Photobucket.com, Inc.. (Attachments: # 1 Supplement)(Moore, Stevenson) (Entered: 12/29/2014)

NOTICE of Attorney Appearance by Matthew J McNeill on behalf of United Parcel Service, Inc. (McNeill, Matthew) (Entered: 01/12/2015)

Joint MOTION to Stay and Notice of Settlement by Catharon Intellectual Property, LLC, Home Depot U.S.A., Inc.. (Attachments: # 1 Text of Proposed Order)(Wang, Timothy) (Entered: 02/13/2015)

ORDER granting 64 Motion to Stay. All deadlines between Plaintiff and Defendant are stayed to 3-14-2015. Signed by Magistrate Judge K. Nicole Mitchell on 02/18/15. (mll, ) (Entered: 02/18/2015)

FedEx Corporate Services, Incorporated

Catharon Intellectual Property, LLC

Home Depot U.S.A., Inc.

The Home Depot, Inc

Photobucket.com, Inc.

Capital One Financial Corporation

United Parcel Service, Inc.

David Folsom