Clearplay, Inc. v. DISH Network L.L.C.

23-2134

Overview

Case Number 23-2134

Filing Date 2023-07-10

Status Litigation filed

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

ECHOSTAR TECHNOLOGIES LLC

Represented By

6 Attorneys Listed

Lauren Weber, -

Orrick, Herrington & Sutcliffe LLP

Suite 3300, 401 Union Street

Robert Manhas

Orrick, Herrington & Sutcliffe LLP

2100 Pennsylvania Ave NW, Washington, DC 20037

Edmund Hirschfeld

Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street, New York, NY 10019

Brent O. Hatch, -

Hatch Law Group

Suite 400, 22 East 100 South

Alexandra Bursak, -

Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street, New York, NY 10019

Eric Shumsky, Attorney

Orrick, Herrington & Sutcliffe LLP

2100 Pennsylvania Ave NW, Washington, DC 20037

DISH NETWORK L.L.C.

Represented By

12 Attorneys Listed

Lauren Weber, -

Orrick, Herrington & Sutcliffe LLP

Suite 3300, 401 Union Street

Kurt M. Pankratz, Attorney

Baker Botts LLP

Direct: 214-953 -6584, 2001 Ross Avenue

Charles Stephen Maule, Attorney

Baker Botts LLP

910 Louisiana Street, Houston, TX 77002

Robert Manhas

Orrick, Herrington & Sutcliffe LLP

2100 Pennsylvania Ave NW, Washington, DC 20037

Jamie Roy Lynn, Attorney

Baker Botts LLP

700 K Street, NW, Washington, DC 20001

Edmund Hirschfeld

Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street, New York, NY 10019

Brent O. Hatch, -

Hatch Law Group

Suite 400, 22 East 100 South

George Hopkins Guy, III

Baker Botts LLP

1001 Page Mill Road, Building One

Lauren J. Dreyer, -

Baker Botts LLP

700 K Street, NW, Washington, DC 20001

Ali Dhanani

Baker Botts LLP

910 Louisiana Street, Houston, TX 77002

Alexandra Bursak, -

Orrick, Herrington & Sutcliffe LLP

51 West 52nd Street, New York, NY 10019

Eric Shumsky, Attorney

Orrick, Herrington & Sutcliffe LLP

2100 Pennsylvania Ave NW, Washington, DC 20037

Plaintiff - Appellant

CLEARPLAY, INC.

Represented By

9 Attorneys Listed

Lowell Richard Williams, Attorney

Williams Blackhurst Terhune, PLLC

701 N 44th Street, Phoenix, AZ 85008

Abigail Terhune, -

Williams Blackhurst Terhune, PLLC

1911 Union Street, Charlotte, NC 28205

Rhett Ramsey, Attorney

Knobbe, Martens, Olson & Bear, LLP

2040 Main Street, 14th Floor

Alan Grayson Laquer

Knobbe, Martens, Olson & Bear, LLP

14th Floor, 2040 Main Street

David Jordan

Foley & Lardner LLP

Suite 2500, 95 S. State Street

Jeremiah Helm

Knobbe, Martens, Olson & Bear, LLP

2040 Main Street, 14th Floor

Michael K. Erickson, Attorney

Ray Quinney & Nebeker PC

Suite 1400, 36 South State Street

Dennis Blackhurst, Attorney

Williams Blackhurst Terhune, PLLC

701 N 44th Street, Phoenix, AZ 85008

Joseph R. Re, -

Knobbe, Martens, Olson & Bear, LLP

14th Floor, 2040 Main Street

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 07/03/2023. [935062]Entry of Appearance due 07/24/2023. Certificate of Interest is due on 07/24/2023. Docketing Statement due 07/24/2023. Appellant's brief is due 09/08/2023. [MMA] [Entered: 07/10/2023 12:50 PM]

2023-07-10

View

ORDER deactivating appeal. Service as of this date by the Clerk of Court. [935066] [MMA] [Entered: 07/10/2023 12:55 PM]

2023-07-10

View

Clerk's Notice to the Originating Tribunal: Upon disposition of the motion(s) subject to FRAP 4(a)(4), please transmit a certified copy of the docket entries. Service as of this date by the Clerk of Court. [935069] [MMA] [Entered: 07/10/2023 12:59 PM]

2023-07-10

View

Amended Notice of Appeal for Plaintiff-Appellant. Service: 01/08/2024 by email. [977343] [GWK] [Entered: 01/18/2024 10:31 AM]

2024-01-18

View

Clearplay, Inc. v. DISH Network L.L.C.

Overview

Parties

Defendant - Appellee

ECHOSTAR TECHNOLOGIES LLC Follow

Represented By

DISH NETWORK L.L.C. Follow

Represented By

Plaintiff - Appellant

CLEARPLAY, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 07/03/2023. [935062]Entry of Appearance due 07/24/2023. Certificate of Interest is due on 07/24/2023. Docketing Statement due 07/24/2023. Appellant's brief is due 09/08/2023. [MMA] [Entered: 07/10/2023 12:50 PM]

ORDER deactivating appeal. Service as of this date by the Clerk of Court. [935066] [MMA] [Entered: 07/10/2023 12:55 PM]

Clerk's Notice to the Originating Tribunal: Upon disposition of the motion(s) subject to FRAP 4(a)(4), please transmit a certified copy of the docket entries. Service as of this date by the Clerk of Court. [935069] [MMA] [Entered: 07/10/2023 12:59 PM]

Amended Notice of Appeal for Plaintiff-Appellant. Service: 01/08/2024 by email. [977343] [GWK] [Entered: 01/18/2024 10:31 AM]

Certificate of Interest for Appellant Clearplay, Inc.. Service: 01/25/2024 by email. [979468] [23-2134] [Joseph Re] [Entered: 01/25/2024 08:18 PM]

Docketing Statement for the Appellant Clearplay, Inc.. Service: 01/25/2024 by email. [979469] [23-2134] --[Edited 01/31/2024 by CAB to correct pdf] [Joseph Re] [Entered: 01/25/2024 08:19 PM]

Transcript Purchase Order Form for the Appellant Clearplay, Inc. indicating that a transcript is already on file. Service: 01/25/2024 by email. [979470] [23-2134] [Joseph Re] [Entered: 01/25/2024 08:21 PM]

ORDER reactivating case under FRAP 4(a)(4). Service as of this date by the Clerk of Court. [980386] [GWK] [Entered: 01/30/2024 02:21 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Clearplay, Inc., Entry of Appearance [5], is not in compliance with the rules of this court (see attached). Compliant document due on 02/07/2024. Service as of this date by the Clerk of Court. [980674] [CAB] [Entered: 01/31/2024 11:44 AM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Clearplay, Inc., Entry of Appearance [11], is not in compliance with the rules of this court (see attached). Compliant document due on 02/16/2024. Service as of this date by the Clerk of Court. [982840] [IMH] [Entered: 02/09/2024 12:35 PM]

Corrected Entry of Appearance for Joseph R. Re; Jeremiah Helm; Rhett Ramsey; L. Richard Williams; Michael K. Erickson; David J. Jordan as counsel for Appellant Clearplay, Inc.. Service: 02/09/2024 by email. [982887] [23-2134] [Joseph Re] [Entered: 02/09/2024 02:30 PM]

Entry of Appearance for Eric A. Shumsky as counsel for Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 02/09/2024 by email. [982964] [23-2134] [Eric Shumsky] [Entered: 02/09/2024 04:56 PM]

Certificate of Interest for Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 02/13/2024 by email. [983641] [23-2134] [Eric Shumsky] [Entered: 02/13/2024 07:14 PM]

Notice of Related Case Information for Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 02/13/2024 by email. [983642] [23-2134] [Eric Shumsky] [Entered: 02/13/2024 07:16 PM]

Docketing Statement for the Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 02/13/2024 by email. [983643] [23-2134] [Eric Shumsky] [Entered: 02/13/2024 07:17 PM]

MOTION of Appellant Clearplay, Inc. to extend the time to 05/16/2024 to file brief. Service: 03/15/2024 by email. [991128] [23-2134] [Jeremiah Helm] [Entered: 03/15/2024 08:38 PM]

MOTION of Appellant Clearplay, Inc. to extend the time to 06/28/2024 to file brief. Service: 04/29/2024 by email. [1000781] [23-2134] [Joseph Re] [Entered: 04/29/2024 07:01 PM]

ORDER granting motion to extend time to file brief [20] filed by Appellant Clearplay, Inc. No further extensions of time for the opening brief should be anticipated. The opening brief is due 06/28/2024. Service as of this date by the Clerk of Court. [1002225] [NL] [Entered: 05/06/2024 01:32 PM]

Entry of Appearance for Abigail M. Terhune as counsel for Appellant Clearplay, Inc.. Service: 06/20/2024 by email. [1012175] [23-2134] This document is non-compliant. See Doc No.[23] [Abigail Terhune] [Entered: 06/20/2024 01:46 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant Clearplay, Inc., Entry of Appearance [22], is not in compliance with the rules of this court (see attached). Compliant document due on 06/28/2024. Service as of this date by the Clerk of Court. [1012571] [IMH] [Entered: 06/21/2024 03:13 PM]

Entry of Appearance for Alan Laquer as counsel for Appellant Clearplay, Inc.. Service: 06/24/2024 by email. [1013057] [23-2134] [Alan Laquer] [Entered: 06/24/2024 07:03 PM]

Corrected Entry of Appearance for Abigail M. Terhune as counsel for Appellant Clearplay, Inc.. Service: 06/25/2024 by email. [1013263] [23-2134] This document is non-compliant. See Doc No.[26] [Abigail Terhune] [Entered: 06/25/2024 12:06 PM]

Corrected Entry of Appearance for Abigail M. Terhune as counsel for Appellant Clearplay, Inc.. Service: 06/26/2024 by email. [1013670] [23-2134] [Abigail Terhune] [Entered: 06/26/2024 12:28 PM]

Entry of Appearance for Dennis K. Blackhurst as counsel for Appellant Clearplay, Inc.. Service: 06/26/2024 by email. [1013828] [23-2134] [Dennis Blackhurst] [Entered: 06/26/2024 06:31 PM]

CONFIDENTIAL OPENING BRIEF FILED by Appellant Clearplay, Inc.. Service: 06/28/2024 by email. [1014399] [23-2134] This document is non-compliant. See Doc No. [31] [Joseph Re] [Entered: 06/28/2024 08:33 PM]

OPENING BRIEF FILED by Appellant Clearplay, Inc.. Service: 06/28/2024 by email. [1014400] [23-2134] This document is non-compliant. See Doc No. [31] [Joseph Re] [Entered: 06/28/2024 08:35 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL OPENING BRIEF FILED by Appellant Clearplay, Inc.. Service: 07/09/2024 by email. [1016532]--[Edited 07/17/2024 by GWK - Reason: compliance review complete] [Joseph Re] [Entered: 07/09/2024 08:15 PM]

MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant Clearplay, Inc.. Service: 07/09/2024 by email. [1016533] --[Edited 07/17/2024 by GWK - Reason: compliance review complete] [Joseph Re] [Entered: 07/09/2024 08:17 PM]

MOTION of Appellees DISH Network L.L.C. and EchoStar Technologies LLC to extend the time to 10/07/2024 to file brief. Service: 07/25/2024 by email. [1020592] [23-2134] [Eric Shumsky] [Entered: 07/25/2024 02:08 PM]

Entry of Appearance for G. Hopkins, Guy, III; Lauren J. Dreyer; Kurt Pankratz; Ali Dhanani; Jamie R. Lynn; Charles Stephen Maule; as counsel for Appellee DISH Network L.L.C.. Service: 10/01/2024 by email. [1036188] [23-2134] [Lauren Dreyer] [Entered: 10/01/2024 01:01 PM]

Entry of Appearance for Eric A. Shumsky; Robbie Manhas; Lauren A. Weber; Edmund Hirschfeld; Alexandra Bursak; Brent O. Hatch as counsel for Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 10/07/2024 by email. [1037854] [23-2134] [Eric Shumsky] [Entered: 10/07/2024 05:48 PM]

MODIFIED ENTRY: CONFIDENTIAL RESPONSE BRIEF FILED by Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 10/07/2024 by email. [1037857]--[Edited 10/08/2024 by GWK - Reason: compliance review complete] [Eric Shumsky] [Entered: 10/07/2024 05:51 PM]

MOTION of Appellant Clearplay, Inc. to extend the time to 11/27/2024 to file brief. Service: 10/16/2024 by email. [1040129] [23-2134] [Alan Laquer] [Entered: 10/16/2024 02:08 PM]

MODIFIED ENTRY: CONFIDENTIAL REPLY BRIEF FILED by Appellant Clearplay, Inc.. Service: 11/27/2024 by email. [1050629]--[Edited 12/06/2024 by GWK - Reason: compliance review complete] [Joseph Re] [Entered: 11/27/2024 09:39 PM]

APPENDIX FILED by Appellant Clearplay, Inc.. Service: 12/04/2024 by email. [1051885] [23-2134] This document is non-compliant. See Doc No. [46] [Joseph Re] [Entered: 12/05/2024 12:07 AM]

CONFIDENTIAL APPENDIX FILED by Appellant Clearplay, Inc.. Service: 12/04/2024 by email. [1051886] [23-2134] This document is non-compliant. See Doc No. [46] [Joseph Re] [Entered: 12/05/2024 12:32 AM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellees DISH Network L.L.C. and EchoStar Technologies LLC. Service: 12/09/2024 by email. [1052797] [23-2134] [Eric Shumsky] [Entered: 12/09/2024 02:33 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant Clearplay, Inc.. Service: 12/10/2024 by email. [1053269] [23-2134] [Joseph Re] [Entered: 12/10/2024 07:21 PM]

MOTION of Appellant Clearplay, Inc. Motion for Leave to File Joint Appendix Out of Time. Service: 12/10/2024 by email. [1053270] [23-2134] [Alan Laquer] [Entered: 12/10/2024 07:28 PM]

ORDER granting the motion [49] to the extent that ECF Nos. 44 and 45 are deemed timely filed. Service as of this date by the Clerk of Court. [1054194] [LMS] [Entered: 12/13/2024 02:59 PM]

CORRECTED APPENDIX FILED by Appellant Clearplay, Inc.. Service: 12/13/2024 by email. [1054263] [23-2134] This document is non-compliant. See Doc No. [53] [Joseph Re] [Entered: 12/13/2024 05:20 PM]

CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Clearplay, Inc.. Service: 12/13/2024 by email. [1054267] [23-2134] This document is non-compliant. See Doc No. [53] [Joseph Re] [Entered: 12/13/2024 05:28 PM]

CORRECTED APPENDIX FILED by Appellant Clearplay, Inc.. Service: 01/02/2025 by email. [1058401] [23-2134] This document is non-compliant. See Doc No. [56] [Joseph Re] [Entered: 01/02/2025 05:41 PM]

CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Clearplay, Inc.. Service: 01/02/2025 by email. [1058403] [23-2134] This document is non-compliant. See Doc No. [56] [Joseph Re] [Entered: 01/02/2025 05:51 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant Clearplay, Inc.. Service: 01/21/2025 by email. [1062241]--[Edited 02/03/2025 by GWK- compliance review complete] [Jeremiah Helm] [Entered: 01/21/2025 04:30 PM]

MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant Clearplay, Inc.. Service: 01/21/2025 by email. [1062250] --[Edited 02/03/2025 by GWK - Reason: compliance review complete] [Jeremiah Helm] [Entered: 01/21/2025 04:37 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [1069176] [GWK] [Entered: 02/13/2025 04:13 PM]

6 paper copies of Doc. No. [38] received from Appellees DISH Network L.L.C. and EchoStar Technologies LLC. [1070568] [VDW] [Entered: 02/21/2025 11:13 AM]

6 paper copies of Doc. No. [57], [42], [32] received from Appellant Clearplay, Inc.. [1070874] [VDW] [Entered: 02/24/2025 10:29 AM]

Notice from Appellees DISH Network L.L.C. and EchoStar Technologies LLC regarding conflicts with oral argument. Service: 04/15/2025 by email. [1082559] [23-2134] [Eric Shumsky] [Entered: 04/15/2025 10:19 AM]

FILED IN ERROR: Notice from Appellees DISH Network L.L.C. and EchoStar Technologies LLC regarding conflicts with oral argument. Service: 04/15/2025 by email. [1082562] [23-2134]--[Edited 04/15/2025 by JCA- This is a duplicate of DE 63] [Eric Shumsky] [Entered: 04/15/2025 10:22 AM]

Notice from Appellant Clearplay, Inc. regarding conflicts with oral argument. Service: 04/15/2025 by email. [1082923] [23-2134] [Joseph Re] [Entered: 04/15/2025 06:16 PM]

The following conflict dates submitted by Joseph R. Re for Clearplay, Inc. have been accepted by the court: 06/03/2025, 06/04/2025, 06/05/2025, 06/06/2025, 06/09/2025, 11/03/2025, 11/04/2025, 11/05/2025, 11/06/2025, 11/07/2025. [1082981] [MJL] [Entered: 04/16/2025 09:40 AM]

Opinion

Judgment

Track Case Updates

ECHOSTAR TECHNOLOGIES LLC

DISH NETWORK L.L.C.

CLEARPLAY, INC.