Commvault Systems, Inc. v. Cohesity Inc.

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

2020-04-21

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COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

2020-04-21

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COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

2020-04-21

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 04/21/2020)

2020-04-21

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) See Attached. (myr) (Entered: 04/21/2020)

2020-04-21

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Commvault Systems, Inc. (myr) (Entered: 04/21/2020)

2020-04-21

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Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) (Entered: 04/21/2020)

2020-04-21

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Case Assigned/Reassigned

2020-04-22

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Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN (rjb)

2020-04-22

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SUMMONS Returned Executed by Commvault Systems, Inc.. Cohesity Inc. served on 5/15/2020, answer due 6/5/2020. (Phillips, John) (Entered: 05/15/2020)

2020-05-15

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STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to July 20, 2020 - filed by Commvault Systems, Inc.. (Phillips, John) (Entered: 06/01/2020)

2020-06-01

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2020-06-02

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SO ORDERED re 7 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to July 20, 2020 (Set/Reset Answer Deadlines: Cohesity Inc. answer due 7/20/2020). ORDERED by Judge Maryellen Noreika on 6/2/2020. (dlw)

2020-06-02

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NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Cohesity Inc. (Kraman, Pilar) (Entered: 07/15/2020)

2020-07-15

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NOTICE of Appearance by Beth Ann Swadley on behalf of Cohesity Inc. (Swadley, Beth) (Entered: 07/15/2020)

2020-07-15

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MOTION for Pro Hac Vice Appearance of Attorney Michael Hendershot, Esquire, Evan McLean, Esquire, Nathanael Andrews, Esquire, Michael Lavine, Esquire, Sanjiv P. Laud, Esquire, Rita J. Yoon, Esquire, John C. Evans, Esquire, David B. Cochran, Esquire, and Robert Breetz, Esquire - filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 07/17/2020)

2020-07-17

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MOTION for Pro Hac Vice Appearance of Attorney William E. Devitt - filed by Cohesity Inc.. (Swadley, Beth) (Entered: 07/20/2020)

2020-07-20

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 07/20/2020)

2020-07-20

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MOTION to Dismiss for Failure to State a Claim - filed by Cohesity Inc. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) Modified on 7/21/2020 (dlw). (Entered: 07/20/2020)

2020-07-20

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OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim filed by Cohesity Inc. Answering Brief/Response due date per Local Rules is 8/3/2020. (Kraman, Pilar) Modified on 7/21/2020 (dlw). (Entered: 07/20/2020)

2020-07-20

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SO ORDERED

2020-07-20

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SO ORDERED re 11 MOTION for Pro Hac Vice Appearance of Attorney William E. Devitt filed by Cohesity Inc. ORDERED by Judge Maryellen Noreika on 7/20/2020. (dlw)

2020-07-20

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SO ORDERED re 10 MOTION for Pro Hac Vice Appearance of Attorney Michael Hendershot, Esquire, Evan McLean, Esquire, Nathanael Andrews, Esquire, Michael Lavine, Esquire, Sanjiv P. Laud, Esquire, Rita J. Yoon, Esquire, John C. Evans, Esquire, David B. Cochran, Esquire, and Robert Breetz, Esquire filed by Cohesity Inc. ORDERED by Judge Maryellen Noreika on 7/20/2020. (dlw) Modified on 7/20/2020 (dlw).

2020-07-20

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Add Attorneys - PHV only

2020-07-21

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Pro Hac Vice Attorney Rita J. Yoon for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-07-21

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Pro Hac Vice Attorney Evan M McLean for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-07-21

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Pro Hac Vice Attorney Michael Lavine for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-07-21

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Pro Hac Vice Attorney Sanjiv P Laud, Nathanael Andrews, Robert Breetz, John C. Evans, and William E. Devitt for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam)

2020-07-21

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AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Cohesity Inc.- filed by Commvault Systems, Inc. (Attachments: # 1 Exhibit A-F)(Phillips, John) Modified on 7/27/2020 (dlw). (Additional attachment(s) added on 7/28/2020: # 2 Redline Comparison) (dlw). (Entered: 07/27/2020)

2020-07-27

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Letter to The Honorable Maryellen Noreika from John C. Phillips, Jr. regarding Filing of Amended Complaint - re 15 Amended Complaint. (Phillips, John) (Entered: 07/27/2020)

2020-07-27

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ORAL ORDER re 13 MOTION to Dismiss for Failure to State a Claim - In light of 15 Plaintiff's Amended Complaint, the Court DENIES as MOOT 13 Defendant's Motion to Dismiss as it relates to 1 the Original Complaint. Signed by Judge Maryellen Noreika on 7/28/2020. (dlw) (Entered: 07/28/2020)

2020-07-28

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Oral Order

2020-07-28

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MOTION to Dismiss Based upon Rule 12(b)(6) - filed by Cohesity Inc. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) Modified on 8/11/2020 (dlw). (Entered: 08/10/2020)

2020-08-10

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OPENING BRIEF in Support re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Cohesity Inc. Answering Brief/Response due date per Local Rules is 8/24/2020. (Kraman, Pilar) Modified on 8/11/2020 (dlw). (Entered: 08/10/2020)

2020-08-10

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ANSWERING BRIEF in Opposition re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Commvault Systems, Inc..Reply Brief due date per Local Rules is 8/31/2020. (Phillips, John) (Entered: 08/24/2020)

2020-08-24

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DECLARATION Cary E. Adickman re 20 Answering Brief in Opposition by Commvault Systems, Inc. (Phillips, John) Modified on 8/25/2020 (dlw). (Entered: 08/24/2020)

2020-08-24

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REPLY BRIEF re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 08/31/2020)

2020-08-31

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REQUEST for Oral Argument by Commvault Systems, Inc. re 18 MOTION to Dismiss Based upon Rule 12(b)(6). (Bilson, David) (Entered: 09/04/2020)

2020-09-04

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REQUEST for Oral Argument by Cohesity Inc. re 18 MOTION to Dismiss Based upon Rule 12(b)(6). (Swadley, Beth) (Entered: 09/08/2020)

2020-09-08

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Letter to The Honorable Maryellen Noreika from John C. Phillips, Jr. regarding Scheduling Order. (Phillips, John) (Entered: 09/10/2020)

2020-09-10

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Letter to The Honorable Maryellen Noreika from David E. Moore and Pilar G. Kraman regarding Defendants' joint response to CommVault's September 10, 2020 letter concerning scheduling order - re (22 in 1:20-cv-00524-MN, 25 in 1:20-cv-00525-MN) Letter. (Moore, David) (Entered: 09/10/2020)

2020-09-10

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ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 9/16/2020. (dlw) (Entered: 09/16/2020)

2020-09-16

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Oral Order

2020-09-16

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Add Attorneys - PHV only

2020-09-21

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Pro Hac Vice Attorney Michael C. Hendershot for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2020-09-21

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MOTION for Pro Hac Vice Appearance of Attorney Raymond N. Nimrod, Steven Cherny, David A. Nelson, Jeffrey S. Gerchick, Alexander S. Rudis, Richard W. Erwine, Ron Hagiz, Cary E. Adickman, Richard Lowry and Zhaoxin Yin - filed by Commvault Systems, Inc.. (Attachments: # 1 Certification of Raymond N. Nimrod, # 2 Certification of Steven Cherny, # 3 Certification of David A. Nelson, # 4 Certification of Jeffrey S. Gerchick, # 5 Certification of Alexander S. Rudis, # 6 Certification of Richard W. Erwine, # 7 Certification of Ron Hagiz, # 8 Certification of Cary E. Adickman, # 9 Certification of Richard Lowry, # 10 Certification of Zhaoxin Yin)(Phillips, John) (Entered: 10/12/2020)

2020-10-12

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SO ORDERED

2020-10-13

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SO ORDERED re 28 MOTION for Pro Hac Vice Appearance of Attorney Raymond N. Nimrod, Steven Cherny, David A. Nelson, Jeffrey S. Gerchick, Alexander S. Rudis, Richard W. Erwine, Ron Hagiz, Cary E. Adickman, Richard Lowry and Zhaoxin Yin filed by Commvault Systems, Inc. ORDERED by Judge Maryellen Noreika on 10/13/2020. (dlw)

2020-10-13

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NOTICE OF SERVICE of Commvault Systems, Inc.'s First Set of Interrogatories (Nos. 1-12) to Cohesity Inc. and Commvault Systems, Inc.'s First Set of Requests for Production (Nos. 1-66) to Cohesity Inc. filed by Commvault Systems, Inc..(Bilson, David) (Entered: 10/14/2020)

2020-10-14

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Add Attorneys - PHV only

2020-10-14

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Pro Hac Vice Attorney Richard Lowry,Zhaoxin Yin,Cary E. Adickman for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00525-MN, 1:20-cv-00524-MN(mal)

2020-10-14

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UNOPPOSED MOTION for Extension of Time to File Joint Proposed Scheduling Order - filed by Cohesity Inc. (Kraman, Pilar) Modified on 10/19/2020 (dlw). (Entered: 10/15/2020)

2020-10-15

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Add Attorneys - PHV only

2020-10-15

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Pro Hac Vice Attorney Richard W. Erwine for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00525-MN, 1:20-cv-00524-MN(mal)

2020-10-15

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SO ORDERED

2020-10-19

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SO ORDERED re 30 UNOPPOSED MOTION for Extension of Time to File Joint Proposed Scheduling Order to 10/23/2020. ORDERED by Judge Maryellen Noreika on 10/19/2020. (dlw)

2020-10-19

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Add Attorneys - PHV only

2020-10-20

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Pro Hac Vice Attorney Alexander S. Rudis for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00525-MN, 1:20-cv-00524-MN(mal)

2020-10-20

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PROPOSED ORDER [Proposed Scheduling Order] by Commvault Systems, Inc.. (Attachments: # 1 Cover Letter to Judge Noreika)(Phillips, John) (Entered: 10/23/2020)

2020-10-23

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NOTICE of Appearance by Kelly E. Farnan on behalf of Commvault Systems, Inc. (Farnan, Kelly) (Entered: 10/30/2020)

2020-10-30

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Letter to The Honorable Maryellen Noreika from Kelly E. Farnan on behalf of Commvault Systems, Inc. regarding Subsequent Authority - re 20 Answering Brief in Opposition. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Entered: 10/30/2020)

2020-10-30

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NOTICE OF SERVICE of 1) Cohesity's Objections and Responses to Commvault's First Set of Requests for Production (Nos. 1-66) to Cohesity Inc. and 2) Cohesity Inc.'s Objections and Responses to Commvault Systems, Inc.'s First Set of Interrogatories (Nos. 1-12) to Cohesity Inc. filed by Cohesity Inc..(Kraman, Pilar) (Entered: 11/16/2020)

2020-11-16

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NOTICE OF SUBSTITUTION OF COUNSEL re Commvault Systems, Inc.: Entry of appearance of attorney John C. Phillips, Jr. Attorney John C. Phillips, Jr., David A. Bilson and Phillips, McLaughlin & Hall, P.A. terminated. (Phillips, John) (Entered: 11/16/2020)

2020-11-16

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ORAL ORDER Setting Telephonic Scheduling Conference: IT IS HEREBY ORDERED that a telephonic Scheduling Conference is set for 1/15/2021 at 02:30 PM before Judge Maryellen Noreika. Counsel shall provide dial-in credentials for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 12/10/2020. (dlw) (Entered: 12/10/2020)

2020-12-10

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Order Setting Scheduling Conference

2020-12-10

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Scheduling Conference

2021-01-15

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Minute Entry for proceedings held before Judge Maryellen Noreika - Scheduling Conference held on 1/15/2021. (Court Reporter Dale Hawkins.) Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN(mdb)

2021-01-15

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NOTICE OF SERVICE of Commvault Systems, Inc.'s Disclosure of Asserted Patents, Accused Products, and Damages Model filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/05/2021)

2021-02-05

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ORDER DENYING (16) Motion to Dismiss in case 1:20-cv-00524-MN; DENYING (18) Motion to Dismiss in case 1:20-cv-00525-MN - IT IS HEREBY ORDERED that Defendants' motions to dismiss are DENIED with respect to the Iqbal / Twombly issues and DENIED without prejudice to renew at summary judgment with respect to the § 101 issues. Signed by Judge Maryellen Noreika on 2/10/2021. (dlw) (Entered: 02/10/2021)

2021-02-10

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PROPOSED ORDER Scheduling Order by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 02/12/2021)

2021-02-12

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NOTICE OF SERVICE of Cohesity's Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Standard for Discovery filed by Cohesity Inc..(Kraman, Pilar) (Entered: 02/15/2021)

2021-02-15

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NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/16/2021)

2021-02-16

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 7/23/2021. Amended Pleadings due by 7/23/2021. Fact Discovery completed by 2/11/2022. Opening Expert Reports due by 3/18/2022. Rebuttal Expert Reports due by 4/15/2022. Reply Expert Reports due by 5/13/2022. Expert Discovery due by 6/10/2022. Dispositive Motions due by 7/15/2022. Answering Brief due 8/12/2022. Reply Brief due 9/9/2022. Claim Construction Opening Brief served by 7/16/2021. Claim Construction Answering Brief served by 8/13/2021. Claim Construction Reply Brief served by 9/3/2021. Claim Construction Surreply Brief served by 9/24/2021. Joint Claim Construction Brief filed by 10/1/2021. A Markman Hearing is set for 10/13/2021 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 1/6/2023 at 02:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/23/2023 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 2/17/2021. (dlw) (Entered: 02/17/2021)

2021-02-17

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ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynges Judicial Administrator to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 2/17/21. Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN(cak) (Entered: 02/17/2021)

2021-02-17

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Case Referred to Mediation - Magistrate Judge only

2021-02-17

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Oral Order

2021-02-17

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CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN(cak)

2021-02-17

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NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Rule 26(a)(1) Initial Disclosures filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/24/2021)

2021-02-24

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ANSWER to Amended Complaint, re: 15 Amended Complaint, with Jury Demand by Cohesity Inc..(Kraman, Pilar) (Entered: 02/24/2021)

2021-02-24

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NOTICE OF SERVICE of Cohesity Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) filed by Cohesity Inc..(Kraman, Pilar) (Entered: 02/24/2021)

2021-02-24

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PROPOSED ORDER // [Stipulated] Protective Order by Commvault Systems, Inc. (Farnan, Kelly) Modified on 2/25/2021 (dlw). (Entered: 02/24/2021)

2021-02-24

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STIPULATED PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 2/25/2021. (dlw) (Entered: 02/25/2021)

2021-02-25

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STIPULATION and [Proposed] Order regarding Discovery, including Discovery of Electronically Stored Information by CommVault Systems, Inc.. (Farnan, Kelly) (Entered: 03/01/2021)

2021-03-01

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SO ORDERED re (49 in 1:20-cv-00525-MN, 53 in 1:20-cv-00524-MN) STIPULATION AND ORDER REGARDING DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Maryellen Noreika on 3/2/2021. (dlw) (Entered: 03/02/2021)

2021-03-02

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ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. § 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 20-525-MN-CJB. ORDERED by Judge Maryellen Noreika on 3/4/2021. (dlw) (Entered: 03/04/2021)

2021-03-04

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ORAL ORDER: The Markman hearing in this case is rescheduled for October 8, 2021 at 11:00 a.m. before Judge Burke. Ordered by Judge Christopher J. Burke on 3/4/2021. (dlb) (Entered: 03/04/2021)

2021-03-04

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ORAL ORDER: The Court, having reviewed the case history in light of the March 4, 2021 referral, hereby ORDERS that the procedures for resolving a dispute relating to discovery or the protective order set out in the Scheduling Order, (Civil Action No. 20-524-MN-CJB, D.I. 46 at 6-7; Civil Action No. 20-525-MN-CJB, D.I. 42 at 6-7), will be modified as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery or protective order matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order for Patent cases, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. For disputes relating to discovery, the moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute, and for disputes relating to protective orders, the parties shall file a Joint Motion for Teleconference to Resolve Protective Order Dispute. The suggested text for these motions can be found in the same Forms tab. The Court will thereafter set a discovery or protective order dispute telephone conference and letter briefing schedule. Ordered by Judge Christopher J. Burke on 3/4/2021. (dlb) (Entered: 03/04/2021)

2021-03-04

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Remark re Newer Attorneys

2021-03-04

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~Util - Set Deadlines/Hearings AND Oral Order

2021-03-04

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Oral Order

2021-03-04

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Order Referring Case to Magistrate Judge

2021-03-04

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REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb)

2021-03-04

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MOTION for Pro Hac Vice Appearance of Attorney Brianne M. Straka and Valerie Lozano - filed by Commvault Systems, Inc.. Motions referred to Christopher J. Burke.(Farnan, Kelly) (Entered: 03/16/2021)

2021-03-16

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SO ORDERED

2021-03-17

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SO ORDERED D.I. (59 in 1:20-cv-00524-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Brianne M. Straka and Valerie Lozano filed by CommVault Systems, Inc., and D.I. (54 in 1:20-cv-00525-MN-CJB) MOTION for Pro Hac Vice Appearance of Attorney Brianne M. Straka and Valerie Lozano filed by Commvault Systems, Inc. Ordered by Judge Christopher J. Burke on 3/17/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(dlb)

2021-03-17

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Add Attorneys - PHV only

2021-03-18

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Pro Hac Vice Attorneys Brianne M. Straka and Valerie Lozano for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB.(kmd)

2021-03-18

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NOTICE OF SERVICE of 1) Defendant Cohesity Inc.'s First Set of Requests for Production (Nos. 1-112) to Plaintiff Commvault Systems, Inc. and 2) Defendant Cohesity Inc.'s First Set of Interrogatories (Nos. 1-11) to Plaintiff Commvault Systems, Inc. filed by Cohesity Inc..(Kraman, Pilar) (Entered: 03/26/2021)

2021-03-26

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NOTICE of [DEFENDANT COHESITY INC.'S NOTICE OF INTENT TO SERVE SUBPOENAS ON THIRD-PARTY ZMANDA, INC.] by Cohesity Inc. (Kraman, Pilar) (Entered: 03/30/2021)

2021-03-30

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NOTICE of [DEFENDANT COHESITY INC.'S NOTICE OF INTENT TO SERVE SUBPOENAS ON THIRD-PARTY MICRO FOCUS (US), INC.] by Cohesity Inc. (Kraman, Pilar) (Entered: 03/30/2021)

2021-03-30

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NOTICE of Subpoena Directed to Third-Party Hitachi, Ltd. by Cohesity Inc. (Kraman, Pilar) (Entered: 04/01/2021)

2021-04-01

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NOTICE of Subpoena Directed to Third-Party Fujitsu America, Inc. by Cohesity Inc. (Kraman, Pilar) (Entered: 04/01/2021)

2021-04-01

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NOTICE of Subpoena Directed to Third-Party Quest Software, Inc. by Cohesity Inc. (Kraman, Pilar) (Entered: 04/01/2021)

2021-04-01

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NOTICE of Intent to Serve Subpoenas on Third-Party Nasuni Corporation by Cohesity Inc. (Kraman, Pilar) (Entered: 04/01/2021)

2021-04-01

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NOTICE of Subpoenas Directed to Third-Party Broadcom, Inc. by Cohesity Inc. (Kraman, Pilar) (Entered: 04/06/2021)

2021-04-06

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NOTICE of Intent to Serve Subpoenas on Third-Party NetApp, Inc. by Cohesity Inc. (Attachments: # 1 Subpoenas)(Kraman, Pilar) (Entered: 04/12/2021)

2021-04-12

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NOTICE of Intent to Serve Subpoenas on Third-Party Veritas Technologies LLC by Cohesity Inc. (Kraman, Pilar) (Entered: 04/13/2021)

2021-04-13

1

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NOTICE of Subpoenas Directed to Third-Party IBM by Cohesity Inc. (Swadley, Beth) (Entered: 04/21/2021)

2021-04-21

1

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NOTICE of Subpoenas Directed to Third-Party Hewlett Packard Enterprise Company by Cohesity Inc. (Swadley, Beth) (Entered: 04/22/2021)

2021-04-22

1

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NOTICE OF SERVICE of (1) Plaintiff Commvault Systems, Inc.s Responses to Defendant Cohesity Inc.s First Set of Interrogatories (Nos. 1-11) and (2) Plaintiff Commvault Systems, Inc.s Responses to First Set of Requests for Production (Nos. 1112) filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 04/27/2021)

2021-04-27

1

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NOTICE OF SERVICE of Cohesity Inc.s Supplemental Objections and Responses to Commvault Systems, Inc.s First Set of Interrogatories (Nos. 1-12) to Cohesity Inc. filed by Cohesity Inc..(Kraman, Pilar) (Entered: 04/27/2021)

2021-04-27

1

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Letter to The Honorable Christopher J. Burke from David E. Moore and Pilar G. Kraman regarding request for the scheduling of a dispute teleconference. (Moore, David) (Entered: 05/06/2021)

2021-05-06

1

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ORAL ORDER Setting Teleconference: The Court has reviewed the parties' May 6, 2021 letter requesting a discovery dispute teleconference regarding one discovery dispute. (D.I. 69) It hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to this dispute: (1) The parties shall file a joint "Motion for Teleconference to Resolve Discovery Dispute," the text of which can be found in the "Forms" tab of Judge Burke's page on the District Court's website.; (2) A discovery dispute teleconference is set for May 25, 2021 at 1:00 PM before Judge Christopher J. Burke.; (3) On May 12, 2021, any party seeking relief shall file with the Court a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues in dispute and its position on those issues. On May 18, 2021, any party opposing the application for relief may file a letter, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining that party's reasons for its opposition.; (4) The parties should also consult Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; (5) By no later than May 20, 2021, the parties shall jointly provide the Court's law clerk, Melanie Crawford, with a dial-in number via e-mail to use for the call.; and (6) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Christopher J. Burke on 5/7/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(dlb) (Entered: 05/07/2021)

2021-05-07

1

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Order Setting Teleconference

2021-05-07

1

No Actions

Joint MOTION for Teleconference to Resolve Dispute re (72 in 1:20-cv-00524-MN-CJB, 70 in 1:20-cv-00525-MN-CJB) Order Setting Teleconference,,,,,,, - filed by Rubrik Inc.. Motions referred to Christopher J. Burke.(Moore, David) (Entered: 05/11/2021)

2021-05-11

1

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NOTICE of SUBPOENA DIRECTED TO THIRD-PARTY MICRO FOCUS LLC by Cohesity Inc. (Swadley, Beth) (Entered: 05/11/2021)

2021-05-11

1

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Letter to The Honorable Christopher J. Burke from David E. Moore and Pilar G. Kraman regarding opening dispute. (Attachments: # 1 Text of Proposed Order)(Moore, David) (Entered: 05/12/2021)

2021-05-12

1

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NOTICE OF SERVICE of Defendant Cohesity, Inc.'s Initial Invalidity Contentions filed by Cohesity Inc..(Swadley, Beth) (Entered: 05/17/2021)

2021-05-17

1

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Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Discovery Dispute - re (70 in 1:20-cv-00525-MN-CJB) Order Setting Teleconference,,,,,,,. (Farnan, Kelly) (Entered: 05/18/2021)

2021-05-18

1

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NOTICE of Filings of Petitions for Inter Partes Review by Cohesity Inc. (Swadley, Beth) (Entered: 05/20/2021)

2021-05-20

1

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ORAL ORDER: The Court, having considered Defendants' discovery dispute motion ("Motion"), (D.I. (71 in 1:20-cv-00525-MN-CJB, 73 in 1:20-cv-00524-MN-CJB)), in which they ask the Court to extend by one month all claim construction deadlines (June 11, 2021 exchange of terms/constructions through and including October 8, 2021 Markman hearing), and the parties' letter briefs relating thereto, (Civil Action No. 20-524, D.I. 74; D.I. 76; Civil Action No. 20-525, D.I. 73; D.I. 75), hereby ORDERS that the Motion is DENIED. Defendants have not shown good cause for the requested extension. They assert that the requested extension would permit the parties to take into account in the claim construction process the Patent Owner Preliminary Responses and the Patent Trial and Appeal Board's institution decisions with respect to inter partes review ("IPR") petitions filed by Defendant Rubrik Inc. (Civil Action No. 20-524, D.I. 74 at 1-2; Civil Action No. 20-525, D.I. 73 at 1-2) However, by the time of the October 8, 2021 Markman hearing, the Patent Owner will have filed its Preliminary Responses, and the PTAB will have issued its institution decisions with respect to all petitions except for possibly the last-filed petition (the deadline for that institution decision is October 9, 2021, one day after the Markman hearing). (Id. at 1; Civil Action No. 20-524, D.I. 76 at 2 n.3; Civil Action No. 20-525, D.I. 75 at 2 n.3) The current timetable will thus allow the parties the chance to, at minimum, point out any relevant IPR positions at the Markman hearing (with respect to the final institution decision, if that is issued the day after the Markman hearing, the parties can submit a brief supplemental letter pointing out anything relevant to the Courts claim construction decisions). Were the Court to instead push back the Markman hearing as Defendants request, that would needlessly compress the schedule between final resolution of claim construction and the filing of summary judgment motions. The teleconference regarding the Motion scheduled for tomorrow (5/25/2021) is CANCELLED. Ordered by Judge Christopher J. Burke on 5/24/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(mlc) (Entered: 05/24/2021)

2021-05-24

1

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1 - Terminate Hearings AND Oral Order

2021-05-24

1

No Actions

Oral Order AND 1 - Terminate Hearings

2021-05-24

1

No Actions

NOTICE of Subpoena Directed to Third-Party Norton Lifelock, Inc. by Cohesity Inc. (Swadley, Beth) (Entered: 05/26/2021)

2021-05-26

1

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NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Supplemental Responses to Defendant Cohesity Inc.s First Set of Interrogatories (Nos. 1-11) filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 05/28/2021)

2021-05-28

1

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NOTICE OF SERVICE of Commvault Systems, Inc.s Second Set of Requests for Production (Nos. 67-73) to Cohesity Inc. filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 06/02/2021)

2021-06-02

1

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NOTICE requesting Clerk to remove Nathanael Andrews as co-counsel.. (Swadley, Beth) (Entered: 06/03/2021)

2021-06-03

1

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NOTICE OF SERVICE of Defendant Cohesity Inc.'s Preliminary Proposed Claim Terms and Constructions filed by Cohesity Inc..(Swadley, Beth) (Entered: 06/14/2021)

2021-06-14

1

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NOTICE OF SERVICE of Commvault Systems, Inc.s Disclosure of Claim Terms/Phrases for Construction and accompanying Proposed Constructions filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 06/14/2021)

2021-06-14

1

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STIPULATION TO EXTEND TIME for the parties to submit the joint claim construction chart to June 25, 2021 - filed by Rubrik Inc.. (Moore, David) (Entered: 06/17/2021)

2021-06-17

1

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SO ORDERED

2021-06-17

1

No Actions

SO ORDERED D.I. Nos. (83 in 1:20-cv-00524-MN-CJB, 84 in 1:20-cv-00525-MN-CJB) STIPULATION TO EXTEND TIME for the parties to submit the joint claim construction chart to June 25, 2021 filed by Rubrik Inc. Ordered by Judge Christopher J. Burke on 6/17/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(dlb)

2021-06-17

1

No Actions

STIPULATION regarding Joint Claim Construction Chart re (46 in 1:20-cv-00524-MN-CJB) Scheduling Order,,,, (42 in 1:20-cv-00525-MN-CJB) Scheduling Order,,,, by CommVault Systems, Inc.. (Farnan, Kelly) (Entered: 06/25/2021)

2021-06-25

1

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CLAIM Construction Chart by CommVault Systems, Inc.. (Farnan, Kelly) (Entered: 06/25/2021)

2021-06-25

1

Download

SO ORDERED

2021-06-28

1

No Actions

SO ORDERED D.I. (85 in 1:20-cv-00525-MN-CJB, 84 in 1:20-cv-00524-MN-CJB) Stipulation regarding Joint Claim Construction Chart filed by Commvault Systems, Inc., CommVault Systems, Inc. Ordered by Judge Christopher J. Burke on 6/28/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(mlc)

2021-06-28

1

No Actions

ORAL ORDER: The Court, having reviewed the parties' Claim Construction Chart, (D.I. (86 in 1:20-cv-00525-MN-CJB, 85 in 1:20-cv-00524-MN-CJB), hereby ORDERS that the Court will only construe ten terms/term sets at the October 8, 2021 Markman hearing. The parties' joint claim construction brief should only address those ten terms/term sets. If the parties need the Court's assistance narrowing the disputes to ten terms/term sets, the parties should file a joint letter alerting the Court of that fact and the Court may thereafter set a letter briefing schedule and/or a teleconference. Ordered by Judge Christopher J. Burke on 6/29/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(mlc) (Entered: 06/29/2021)

2021-06-29

1

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Oral Order

2021-06-29

1

No Actions

NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Supplemental Responses to Defendant Cohesity Inc.s First Set of Interrogatories (Nos. 1-11) filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 07/01/2021)

2021-07-01

1

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NOTICE OF SERVICE of Cohesity's Objections and Responses to Commvault's Second Set of Requests for Production (Nos. 67-73) to Cohesity Inc. filed by Cohesity Inc..(Kraman, Pilar) (Entered: 07/02/2021)

2021-07-02

1

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NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Third Supplemental Responses to Cohesity Inc.s First Set of Interrogatories (Nos. 1-11) filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 07/06/2021)

2021-07-06

1

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Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding joint letter regarding disputes - re (87 in 1:20-cv-00525-MN-CJB, 86 in 1:20-cv-00524-MN-CJB) Oral Order,,. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-B)(Farnan, Kelly) (Entered: 07/13/2021)

2021-07-13

1

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ORDER regarding the briefing of claim construction disputes. Signed by Judge Christopher J. Burke on 7/14/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(mlc) (Entered: 07/14/2021)

2021-07-14

1

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STIPULATION and [Proposed] Order Regarding Case Narrowing by CommVault Systems, Inc.. (Farnan, Kelly) (Entered: 07/14/2021)

2021-07-14

1

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SO ORDERED

2021-07-15

1

No Actions

SO ORDERED, re (93 in 1:20-cv-00525-MN-CJB, 93 in 1:20-cv-00524-MN-CJB) Stipulation filed by Commvault Systems, Inc., CommVault Systems, Inc. Ordered by Judge Christopher J. Burke on 7/15/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(dlb)

2021-07-15

1

No Actions

MOTION to Amend/Correct (45 in 1:20-cv-00525-MN-CJB) Answer to Amended Complaint, (45 in 1:20-cv-00524-MN-CJB, 45 in 1:20-cv-00524-MN-CJB) Answer to Amended Complaint, Counterclaim - filed by Rubrik Inc., Cohesity Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)Motions referred to Christopher J. Burke.(Kraman, Pilar) (Entered: 07/23/2021)

2021-07-23

1

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DEFENDANT COHESITY INC.'S FIRST AMENDED ANSWER TO AMENDED COMPLAINT(dlb) (Entered: 07/26/2021)

2021-07-26

1

View

SO ORDERED

2021-07-26

1

No Actions

SO ORDERED D.I. (95 in 1:20-cv-00524-MN-CJB, 94 in 1:20-cv-00525-MN-CJB) unopposed MOTION to Amend/Correct Answer to Amended Complaint. Ordered by Judge Christopher J. Burke on 7/26/2021. Associated Cases: 1:20-cv-00524-MN-CJB, 1:20-cv-00525-MN-CJB(dlb)

2021-07-26

1

No Actions

NOTICE OF SERVICE of Defendant's identification of prior art references and combinations filed by Cohesity Inc..(Kraman, Pilar) (Entered: 08/13/2021)

2021-08-13

1

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ORAL ORDER: With regard to the Markman hearing scheduled for October 8, 2021 at 11:00 a.m., the Court hereby ORDERS as follows: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) The Scheduling Order requires the parties to notify the Court, by joint letter submission, by October 1, 2021: (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing. (D.I. 42 at 9) Additionally in this joint letter, the parties shall indicate: (i) whether the parties are jointly requesting that the hearing be converted to an in-person hearing.; and (ii) the order in which they intend to present the claim terms at issue, including which side will present first for each term.; and (3) On or before October 6, 2021, local and lead counsel for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms/issues that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms/issues where possible and on an attempt to focus the dispute over the remaining terms/issues in light of the parties' claim construction briefing. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart.Ordered by Judge Christopher J. Burke on 9/2/2021. (mlc) (Entered: 09/02/2021)

2021-09-02

1

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Oral Order

2021-09-02

1

No Actions

NOTICE of Subpoena to Third-Party Dell Technologies Inc. by Cohesity Inc. (Swadley, Beth) (Entered: 09/17/2021)

2021-09-17

1

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ORAL ORDER: For administrative purposes, by no later than October 1, 2021, each party shall file a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart and their briefing. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart and its briefing. Ordered by Judge Christopher J. Burke on 9/28/2021" (dlb) (Entered: 09/28/2021)

2021-09-28

1

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Oral Order

2021-09-28

1

No Actions

NOTICE requesting Clerk to remove Richard A. Lowry as co-counsel. Reason for request: Left firm. (Farnan, Kelly) (Entered: 09/30/2021)

2021-09-30

1

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MOTION for Pro Hac Vice Appearance of Attorney Brian L. Saunders - filed by Commvault Systems, Inc.. Motions referred to Christopher J. Burke.(Farnan, Kelly) (Entered: 09/30/2021)

2021-09-30

1

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MOTION for Claim Construction - filed by Cohesity Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar) (Entered: 10/01/2021)

2021-10-01

1

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NOTICE of Lodging of Defendant's Claim Construction Technology Tutorial by Cohesity Inc. (Kraman, Pilar) (Entered: 10/01/2021)

2021-10-01

1

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MOTION for Claim Construction - filed by Commvault Systems, Inc.. Motions referred to Christopher J. Burke.(Farnan, Kelly) (Entered: 10/01/2021)

2021-10-01

1

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Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Markman Hearing - re 97 Oral Order,,,,,,,. (Farnan, Kelly) (Entered: 10/01/2021)

2021-10-01

1

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NOTICE of filing the following Non-Paper material(s) in multi media format: Plaintiffs Technology Tutorial on USB drives. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Kelly E. Farnan on behalf of Commvault Systems, Inc. (Farnan, Kelly) (Entered: 10/01/2021)

2021-10-01

1

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JOINT CLAIM CONSTRUCTION BRIEF filed by Commvault Systems, Inc.. (Attachments: # 1 Appendix of Exhibits 1-14)(Farnan, Kelly) (Entered: 10/01/2021)

2021-10-01

1

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MULTI MEDIA DOCUMENT filed by Cohesity Inc. in the form of a CD. Filing related to 103 Notice (Other). (Media on file in Clerk's Office). (dlb) (Entered: 10/04/2021)

2021-10-01

1

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ORAL ORDER: The Court, having reviewed the parties' October 1, 2021 letter, (D.I. 105), hereby ORDERS as follows regarding the October 8, 2021 Markman hearing: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than October 5, 2021, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court hereby ADOPTS the parties' proposal regarding time allocation. Three hours will be allocated for argument, to be split equally between the parties. With respect to the order of the terms and which side will present argument first for each term, the Court ADOPTS the parties' proposal such that the parties will present the terms in the order that they appear in the Joint Claim Construction brief, with Plaintiff presenting all terms first with the exception of term 8, which Defendant will present first; and (3) Each side shall submit their slide presentations to Ms. Benyo (copying the other side) via e-mail 24 hours in advance of the hearing. Ordered by Judge Christopher J. Burke on 10/4/2021. (dlb) (Entered: 10/04/2021)

2021-10-04

1

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MULTI MEDIA DOCUMENT filed by Commvault Systems, Inc. in the form of a 2 USB drives related to D.I. 106 filing Notice of Lodging. (Media on file in Clerk's Office). (dlb) (Entered: 10/04/2021)

2021-10-04

1

View

Multi Media Document

2021-10-04

1

No Actions

Oral Order

2021-10-04

1

No Actions

Add Attorneys - PHV only

2021-10-05

1

No Actions

Pro Hac Vice Attorney Jeffrey S. Gerchick for Commvault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2021-10-05

1

No Actions

Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding amended joint claim construction chart. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Entered: 10/06/2021)

2021-10-06

1

View

Markman Hearing

2021-10-08

1

No Actions

Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 10/8/2021. The Court heard argument from the parties regarding claim construction, (D.I. 102; D.I. 104). The Court took the matter under advisement. The Court ordered the parties to meet and confer and submit a joint letter by October 18, 2021 regarding additional disputed terms. (Court Reporter Stacy Ingram (Hawkins). Clerk: M. Crawford) Appearances: A. Rudis, J. Gerchick, B. Straka, R. Nimrod, R. Erwine, C. Adickman, R. Hagiz, B. Saunders for Plaintiff; : P. Kraman, E. McLean, M. Hendershot for Defendant. (mlc)

2021-10-08

1

No Actions

NOTICE OF SERVICE of Defendant Cohesity Inc.'s Second Set of Requests for Production (Nos. 113-122) to Plaintiff Commvault Systems, Inc. filed by Cohesity Inc..(Swadley, Beth) (Entered: 10/12/2021)

2021-10-12

1

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STIPULATION and [Proposed] Order Regarding Joint Letter by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 10/18/2021)

2021-10-18

1

View

SO ORDERED

2021-10-18

1

No Actions

SO ORDERED D.I. 101 MOTION for Pro Hac Vice Appearance of Attorney Brian L. Saunders filed by Commvault Systems, Inc. Ordered by Judge Christopher J. Burke on 10/18/2021. (dlb)

2021-10-18

1

No Actions

SO ORDERED

2021-10-19

1

No Actions

Pro Hac Vice Attorney Brian L. Saunders for Commvault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)

2021-10-19

1

No Actions

SO ORDERED D.I. 113 Stipulation for more time to narrow remaining claim construction disputes and submit letter. Ordered by Judge Christopher J. Burke on 10/19/2021. (dlb)

2021-10-19

1

No Actions

Add Attorneys - PHV only

2021-10-19

1

No Actions

Joint Letter to The Honorable Christopher J. Burke from Kelly E. Farnan regarding Additional Disputed Terms for Claim Construction - re 113 Stipulation, Markman Hearing,,. (Farnan, Kelly) (Entered: 10/25/2021)

2021-10-25

1

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ORAL ORDER: The Court, having reviewed the parties' October 25, 2021 letter, (D.I. 114), hereby ORDERS as follows: (1) The parties' proposed schedule set out in the letter for additional briefing regarding additional disputed terms for claim construction is hereby ADOPTED.; (2) The parties' proposal regarding briefing as to the additional disputed terms is hereby ADOPTED, such that Defendant shall submit the opening claim construction brief, with the parties alternating until briefing is complete, and each party shall have 25 pages total to brief their arguments.; (3) A second Markman Hearing is set for 2/4/2022 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke.; (4) For administrative purposes, by no later than January 13, 2022, each party shall file a "Motion for Claim Construction" that requests the Court to adopt the claim construction position(s) of that party set forth in the Joint Claim Construction Chart and their briefing. The motion shall not contain any argument and shall simply state that the party "requests that the Court adopt the claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart and its briefing."; (5) The parties shall notify the Court, by joint letter submission, by January 13, 2022: (a) whether they request leave to present testimony at the hearing; (b) the amount of time they are requesting be allocated to them for the hearing; and (c) the order in which they intend to present the claim terms at issue, including which side will present first for each term.; and (6) On or before January 27, 2022, local and lead counsel for the parties shall meet and confer and file an amended joint claim construction chart that sets forth the terms/issues that remain in dispute. The meet and confer shall focus on an attempt to reach agreement on any remaining disputed terms/issues where possible and on an attempt to focus the dispute over the remaining terms/issues in light of the parties' claim construction briefing. Accompanying any amended joint claim construction chart, the parties shall file a letter with the Court identifying by name each individual who participated in the meet and confer, when and how that meet and confer occurred and how long it lasted. If no agreements on constructions have been reached or if no dispute has been narrowed on the meet and confer, the letter shall so state and the parties need not file an amended joint claim construction chart.Ordered by Judge Christopher J. Burke on 10/26/2021. (mlc) (Entered: 10/26/2021)

2021-10-26

1

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ORAL ORDER: The Court hereby ORDERS that by no later than October 27, 2021, the parties shall file a stipulation and proposed order setting out the schedule for additional claim construction briefing (which also impacts certain deadlines relating to expert reports, expert discovery and case dispositive and Daubert motions) proposed in the parties' October 25, 2021 letter. (D.I. 114) Ordered by Judge Christopher J. Burke on 10/26/2021. (mlc) (Entered: 10/26/2021)

2021-10-26

1

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STIPULATION TO EXTEND TIME for substantial completion of document production to through and including November 12, 2021 - filed by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 10/26/2021)

2021-10-26

1

View

~Util - Set Hearings AND Oral Order

2021-10-26

1

No Actions

Oral Order

2021-10-26

1

No Actions

STIPULATION and Proposed Order Extending Deadlines by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 10/27/2021)

2021-10-27

1

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SO ORDERED D.I. 117 STIPULATION TO EXTEND TIME for substantial completion of document production to through and including November 12, 2021 filed by Commvault Systems, Inc. Ordered by Judge Christopher J. Burke on 10/27/2021. (dlb)

2021-10-27

1

No Actions

SO ORDERED D.I. 118 Stipulation Extending Deadlines filed by Commvault Systems, Inc. Ordered by Judge Christopher J. Burke on 10/27/2021. (dlb)

2021-10-27

1

No Actions

SO ORDERED

2021-10-27

1

No Actions

Joint STATEMENT re Claim Construction by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 10/29/2021)

2021-10-29

1

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NOTICE of Withdrawal of Beth A. Swadley by Cohesity Inc. (Kraman, Pilar) (Entered: 11/08/2021)

2021-11-08

1

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STIPULATION TO EXTEND TIME for the substantial completion of document production to November 19, 2021 - filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 11/10/2021)

2021-11-10

1

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SO ORDERED D.I. 121 STIPULATION TO EXTEND TIME for the substantial completion of document production to November 19, 2021 filed by Cohesity Inc. Ordered by Judge Christopher J. Burke on 11/10/2021. (dlb)

2021-11-10

1

No Actions

SO ORDERED

2021-11-10

1

No Actions

NOTICE OF SERVICE of Defendants' Opening Claim Construction Brief on Remaining Disputed Terms filed by Cohesity Inc..(Kraman, Pilar) (Entered: 11/12/2021)

2021-11-12

1

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ORAL ORDER: The Court hereby advises the parties that it will be unable to meet its aspirational goal of issuing the claim construction Report and Recommendation within 60 days after the October 8, 2021 Markman hearing. Ordered by Judge Christopher J. Burke on 12/7/2021. (mlc) (Entered: 12/07/2021)

2021-12-07

1

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NOTICE OF SERVICE of Responsive Claim Construction Brief on Remaining Disputed Terms filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 12/07/2021)

2021-12-07

1

View

Oral Order

2021-12-07

1

No Actions

Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)

2021-12-15

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No Actions

Case Assigned/Reassigned

2021-12-15

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NOTICE to Take Deposition of 30(b)(6) to Defendant Cohesity Inc. filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 12/16/2021)

2021-12-16

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NOTICE OF SERVICE of Final Infringement Contentions filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 12/17/2021)

2021-12-17

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NOTICE OF SERVICE of Defendant's Reply Claim Construction Brief on Remaining Disputed Terms filed by Cohesity Inc..(Kraman, Pilar) (Entered: 12/21/2021)

2021-12-21

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NOTICE OF SERVICE of Defendant Cohesity Inc.'s Third Set of Requests for Production (Nos. 123-127) to Plaintiff Commvault Systems, Inc. filed by Cohesity Inc..(Kraman, Pilar) (Entered: 12/22/2021)

2021-12-22

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MOTION for Pro Hac Vice Appearance of Attorney Samantha Cutler - filed by Commvault Systems, Inc.. Motions referred to Christopher J. Burke.(Farnan, Kelly) (Entered: 01/06/2022)

2022-01-06

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SO ORDERED, re 129 MOTION for Pro Hac Vice Appearance of Attorney Samantha Cutler, filed by Commvault Systems, Inc. Ordered by Judge Colm F. Connolly on 1/6/2022. (kmd)

2022-01-06

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SO ORDERED

2022-01-06

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Pro Hac Vice Attorney Samantha E. Cutler for Commvault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

2022-01-07

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Add Attorneys - PHV only

2022-01-07

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NOTICE to Take Deposition of Rupesh Bajaj on January 20, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Anirvan Duttagupta on January 21, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Venkata Ranga Radhanikanth Guturi on January 24, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Vivek Iyer Vaidyanathan Iyer on January 26, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Nicholas Day on January 27, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Sashi Madduri on January 28, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Chinmaya Manjunath on January 31, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Subramanian Sethumadhavan on February 2, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Jatheen Anand on February 4, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Anubhav Gupta on February 7, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Apurv Gupta on February 9, 2022 filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Ashwin Gautamchand Sancheti on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Brian Brockway on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Donald Foster on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of David Ngo on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Jeremy Allen on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Marcus S. Muller on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Manoj Kumar Vijayan on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Commvault Systems, Inc. [30(b)(6)] on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Parag Gokhale on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Pavan Kumar Reddy Bedadala on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Rajiv Kottomtharayil on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Rahul Pawar on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE to Take Deposition of Prakash Varadharajan on [Date TBD] filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE OF SERVICE of 1) Notice of Deposition of Anand Prahlad; 2) Subpoena Ad Testificandum Directed to Anand Prahlad; 3) Notice of Deposition of Jeremy A. Schwartz; 4) Subpoena Ad Testificandum Directed to Jeremy A. Schwartz; 5) Notice of Deposition of Srinivas Kavuri; and 6) Subpoena Ad Testificandum Directed to Srinivas Kavuri filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/10/2022)

2022-01-10

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NOTICE of Subpoena Directed to Avinash Kumar by Cohesity Inc. (Kraman, Pilar) (Entered: 01/12/2022)

2022-01-12

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NOTICE OF SERVICE of (1) Commvault Systems, Inc.s Second Set of Interrogatories (Nos. 13-25) to Cohesity Inc.; (2) Commvault Systems, Inc.s First Set of Requests for Admission to Cohesity Inc. (Nos. 1-48) and (3) Commvault Systems, Inc.s First Set of Authentication Requests for Admission to Cohesity, Inc. (Nos. 1-71) filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 01/13/2022)

2022-01-13

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JOINT CLAIM CONSTRUCTION BRIEF on Remaining Disputed Terms filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 01/13/2022)

2022-01-13

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Joint APPENDIX re 157 Joint Claim Construction Brief on Remaining Disputed Terms by Cohesity Inc.. (Attachments: # 1 Exhibit 1-6)(Kraman, Pilar) (Entered: 01/13/2022)

2022-01-13

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ORAL ORDER: The Court hereby ORDERS as follows with respect to the Markman hearing set for February 4, 2022: (1) At present, the hearing will be held via a videoconference platform. However, the Court would consider holding the hearing in person with a limited number of attorneys in attendance if both sides wished to do so.; (2) The parties did not file the "Motion[s] for Claim Construction" and the joint letter submission by January 13, 2022, as instructed in the Courts October 26, 2021 oral order (the "oral order"). (D.I. 115) By no later than January 18, 2022, the parties shall file these Motions and the joint letter submission. In the joint letter, in addition to addressing the matters set out in the oral order, the parties shall also indicate whether the parties are jointly requesting that the hearing be converted to an in-person hearing. Ordered by Judge Christopher J. Burke on 1/14/2022. (dlb) (Entered: 01/14/2022)

2022-01-14

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MOTION For Claim Construction re 119 Statement, 157 Joint Claim Construction Brief - filed by Commvault Systems, Inc.. Motions referred to Christopher J. Burke.(Farnan, Kelly) (Entered: 01/14/2022)

2022-01-14

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MOTION for Claim Construction re 119 Statement, 115 Oral Order,,,,,,,,,,, Set Hearings,,,,,,,,,, 157 Joint Claim Construction Brief - filed by Cohesity Inc.. Motions referred to Christopher J. Burke.(Kraman, Pilar) (Entered: 01/14/2022)

2022-01-14

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Oral Order

2022-01-14

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Joint Letter to The Honorable Christopher J. Burke from Pilar G. Kraman regarding time & testimony submission for February 4, 2022 claim construction hearing - re 159 Oral Order,,, 115 Oral Order,,,,,,,,,,, Set Hearings,,,,,,,,,,. (Kraman, Pilar) (Entered: 01/18/2022)

2022-01-18

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ORAL ORDER: ORAL ORDER: The Court, having reviewed the parties' January 18, 2022 letter, (D.I. 162), hereby ORDERS as follows regarding the February 4, 2022 Markman hearing: (1) The hearing will be held via videoconference using the Microsoft Teams platform. By no later than January 28, 2022, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the hearing.; (2) The Court hereby ADOPTS the parties' proposal regarding time allocation. Two hours will be allocated for argument, to be split equally between the parties.; (3) With respect to the order of the terms and which side will present argument first for each term, the Court ADOPTS the parties' proposal such that the parties will present the terms in the order that they appear in the parties' Joint Claim Construction Brief, (D.I. 157), with Defendant presenting all terms first; and (4) Twenty-four hours in advance of the hearing, each side shall: (a) submit two hard copies of its slide presentation to the Court; and (b) email its slide presentation to Ms. Benyo (copying the other side). Ordered by Judge Christopher J. Burke on 1/19/2021. (dlb) (Entered: 01/19/2022)

2022-01-19

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Oral Order

2022-01-19

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Joint STIPULATION TO EXTEND TIME Certain Scheduling Order Deadlines to Various Dates - filed by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 01/20/2022)

2022-01-20

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STIPULATION AND ORDER Extending Deadlines re 164 Joint STIPULATION TO EXTEND TIME Certain Scheduling Order Deadlines to Various Dates. Re-Setting Scheduling Order Deadlines: Fact Discovery completed by 4/15/2022. Opening Expert Reports due by 4/29/2022. Rebuttal Expert Reports due by 5/27/2022. Expert Discovery due by 7/22/2022. Dispositive Motions due by 8/5/2022. Signed by Judge Colm F. Connolly on 1/20/2022. (kmd) (Entered: 01/20/2022)

2022-01-20

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NOTICE OF SERVICE of 1) Cohesity Inc.'s Supplemental Identification of Prior Art References and Combinations Regarding Invalidity and 2) Cohesity Inc.'s Final Invalidity Contentions filed by Cohesity Inc..(Kraman, Pilar) (Entered: 01/26/2022)

2022-01-26

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STIPULATION of Dismissal by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 01/27/2022)

2022-01-27

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SO ORDERED, re 167 Stipulation of Dismissal, filed by Commvault Systems, Inc. CASE CLOSED. Signed by Judge Colm F. Connolly on 1/27/2022. (kmd) (Entered: 01/27/2022)

2022-01-27

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,725,671 B2; 7,840,533 B2; 8,762,335 B2; 9,740,723 B2; 10,210,048 B2; 10,248,657 B2. (Attachments: # 1 Stipulation of Dismissal)(kmd) (Entered: 01/27/2022)

2022-01-27

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Overview

Parties

Defendant

Cohesity Inc. Follow

Represented By

Plaintiff

Commvault Systems, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Cohesity Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2903288.) - filed by Commvault Systems, Inc.. (Attachments: # 1 Exhibit A-F, # 2 Civil Cover Sheet)(myr) (Entered: 04/21/2020)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 04/21/2020)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) See Attached. (myr) (Entered: 04/21/2020)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Commvault Systems, Inc. (myr) (Entered: 04/21/2020)

Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) (Entered: 04/21/2020)

Case Assigned/Reassigned

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN (rjb)

SUMMONS Returned Executed by Commvault Systems, Inc.. Cohesity Inc. served on 5/15/2020, answer due 6/5/2020. (Phillips, John) (Entered: 05/15/2020)

STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to July 20, 2020 - filed by Commvault Systems, Inc.. (Phillips, John) (Entered: 06/01/2020)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED re 7 STIPULATION TO EXTEND TIME to answer, move, or otherwise respond to the Complaint to July 20, 2020 (Set/Reset Answer Deadlines: Cohesity Inc. answer due 7/20/2020). ORDERED by Judge Maryellen Noreika on 6/2/2020. (dlw)

NOTICE of Appearance by Pilar Gabrielle Kraman on behalf of Cohesity Inc. (Kraman, Pilar) (Entered: 07/15/2020)

NOTICE of Appearance by Beth Ann Swadley on behalf of Cohesity Inc. (Swadley, Beth) (Entered: 07/15/2020)

MOTION for Pro Hac Vice Appearance of Attorney William E. Devitt - filed by Cohesity Inc.. (Swadley, Beth) (Entered: 07/20/2020)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 07/20/2020)

MOTION to Dismiss for Failure to State a Claim - filed by Cohesity Inc. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) Modified on 7/21/2020 (dlw). (Entered: 07/20/2020)

OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim filed by Cohesity Inc. Answering Brief/Response due date per Local Rules is 8/3/2020. (Kraman, Pilar) Modified on 7/21/2020 (dlw). (Entered: 07/20/2020)

SO ORDERED

SO ORDERED re 11 MOTION for Pro Hac Vice Appearance of Attorney William E. Devitt filed by Cohesity Inc. ORDERED by Judge Maryellen Noreika on 7/20/2020. (dlw)

Add Attorneys - PHV only

Pro Hac Vice Attorney Rita J. Yoon for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

Pro Hac Vice Attorney Evan M McLean for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

Pro Hac Vice Attorney Michael Lavine for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

Pro Hac Vice Attorney Sanjiv P Laud, Nathanael Andrews, Robert Breetz, John C. Evans, and William E. Devitt for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Cohesity Inc.- filed by Commvault Systems, Inc. (Attachments: # 1 Exhibit A-F)(Phillips, John) Modified on 7/27/2020 (dlw). (Additional attachment(s) added on 7/28/2020: # 2 Redline Comparison) (dlw). (Entered: 07/27/2020)

Letter to The Honorable Maryellen Noreika from John C. Phillips, Jr. regarding Filing of Amended Complaint - re 15 Amended Complaint. (Phillips, John) (Entered: 07/27/2020)

ORAL ORDER re 13 MOTION to Dismiss for Failure to State a Claim - In light of 15 Plaintiff's Amended Complaint, the Court DENIES as MOOT 13 Defendant's Motion to Dismiss as it relates to 1 the Original Complaint. Signed by Judge Maryellen Noreika on 7/28/2020. (dlw) (Entered: 07/28/2020)

Oral Order

MOTION to Dismiss Based upon Rule 12(b)(6) - filed by Cohesity Inc. (Attachments: # 1 Text of Proposed Order)(Kraman, Pilar) Modified on 8/11/2020 (dlw). (Entered: 08/10/2020)

OPENING BRIEF in Support re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Cohesity Inc. Answering Brief/Response due date per Local Rules is 8/24/2020. (Kraman, Pilar) Modified on 8/11/2020 (dlw). (Entered: 08/10/2020)

ANSWERING BRIEF in Opposition re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Commvault Systems, Inc..Reply Brief due date per Local Rules is 8/31/2020. (Phillips, John) (Entered: 08/24/2020)

DECLARATION Cary E. Adickman re 20 Answering Brief in Opposition by Commvault Systems, Inc. (Phillips, John) Modified on 8/25/2020 (dlw). (Entered: 08/24/2020)

REPLY BRIEF re 18 MOTION to Dismiss Based upon Rule 12(b)(6) filed by Cohesity Inc.. (Kraman, Pilar) (Entered: 08/31/2020)

REQUEST for Oral Argument by Commvault Systems, Inc. re 18 MOTION to Dismiss Based upon Rule 12(b)(6). (Bilson, David) (Entered: 09/04/2020)

REQUEST for Oral Argument by Cohesity Inc. re 18 MOTION to Dismiss Based upon Rule 12(b)(6). (Swadley, Beth) (Entered: 09/08/2020)

Letter to The Honorable Maryellen Noreika from John C. Phillips, Jr. regarding Scheduling Order. (Phillips, John) (Entered: 09/10/2020)

Letter to The Honorable Maryellen Noreika from David E. Moore and Pilar G. Kraman regarding Defendants' joint response to CommVault's September 10, 2020 letter concerning scheduling order - re (22 in 1:20-cv-00524-MN, 25 in 1:20-cv-00525-MN) Letter. (Moore, David) (Entered: 09/10/2020)

Oral Order

Add Attorneys - PHV only

Pro Hac Vice Attorney Michael C. Hendershot for Cohesity Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)

SO ORDERED

NOTICE OF SERVICE of Commvault Systems, Inc.'s First Set of Interrogatories (Nos. 1-12) to Cohesity Inc. and Commvault Systems, Inc.'s First Set of Requests for Production (Nos. 1-66) to Cohesity Inc. filed by Commvault Systems, Inc..(Bilson, David) (Entered: 10/14/2020)

Add Attorneys - PHV only

UNOPPOSED MOTION for Extension of Time to File Joint Proposed Scheduling Order - filed by Cohesity Inc. (Kraman, Pilar) Modified on 10/19/2020 (dlw). (Entered: 10/15/2020)

Add Attorneys - PHV only

Pro Hac Vice Attorney Richard W. Erwine for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00525-MN, 1:20-cv-00524-MN(mal)

SO ORDERED

SO ORDERED re 30 UNOPPOSED MOTION for Extension of Time to File Joint Proposed Scheduling Order to 10/23/2020. ORDERED by Judge Maryellen Noreika on 10/19/2020. (dlw)

Add Attorneys - PHV only

Pro Hac Vice Attorney Alexander S. Rudis for CommVault Systems, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:20-cv-00525-MN, 1:20-cv-00524-MN(mal)

PROPOSED ORDER [Proposed Scheduling Order] by Commvault Systems, Inc.. (Attachments: # 1 Cover Letter to Judge Noreika)(Phillips, John) (Entered: 10/23/2020)

NOTICE of Appearance by Kelly E. Farnan on behalf of Commvault Systems, Inc. (Farnan, Kelly) (Entered: 10/30/2020)

Letter to The Honorable Maryellen Noreika from Kelly E. Farnan on behalf of Commvault Systems, Inc. regarding Subsequent Authority - re 20 Answering Brief in Opposition. (Attachments: # 1 Exhibit A)(Farnan, Kelly) (Entered: 10/30/2020)

NOTICE OF SUBSTITUTION OF COUNSEL re Commvault Systems, Inc.: Entry of appearance of attorney John C. Phillips, Jr. Attorney John C. Phillips, Jr., David A. Bilson and Phillips, McLaughlin & Hall, P.A. terminated. (Phillips, John) (Entered: 11/16/2020)

Order Setting Scheduling Conference

Scheduling Conference

Minute Entry for proceedings held before Judge Maryellen Noreika - Scheduling Conference held on 1/15/2021. (Court Reporter Dale Hawkins.) Associated Cases: 1:20-cv-00524-MN, 1:20-cv-00525-MN(mdb)

NOTICE OF SERVICE of Commvault Systems, Inc.'s Disclosure of Asserted Patents, Accused Products, and Damages Model filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/05/2021)

PROPOSED ORDER Scheduling Order by Commvault Systems, Inc.. (Farnan, Kelly) (Entered: 02/12/2021)

NOTICE OF SERVICE of Cohesity's Initial Disclosures Pursuant to Paragraph 3 of the District of Delaware Standard for Discovery filed by Cohesity Inc..(Kraman, Pilar) (Entered: 02/15/2021)

NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Disclosures Pursuant to Section 3 of the Delaware Default Standard for Discovery filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/16/2021)

Case Referred to Mediation - Magistrate Judge only

Oral Order

NOTICE OF SERVICE of Plaintiff Commvault Systems, Inc.s Rule 26(a)(1) Initial Disclosures filed by Commvault Systems, Inc..(Farnan, Kelly) (Entered: 02/24/2021)

ANSWER to Amended Complaint, re: 15 Amended Complaint, with Jury Demand by Cohesity Inc..(Kraman, Pilar) (Entered: 02/24/2021)

NOTICE OF SERVICE of Cohesity Inc.'s Initial Disclosures Pursuant to Rule 26(a)(1) filed by Cohesity Inc..(Kraman, Pilar) (Entered: 02/24/2021)

Cohesity Inc.

Commvault Systems, Inc.