Diem LLC v. BigCommerce, Inc.

Application Number	Patent Number	External Links
-	US7770122	Espacenet Google Patents

COMPLAINT for Patent Infringement against BigCommerce, Inc. ( Filing fee $ 400 receipt number 0540-6217529.), filed by Diem LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

2017-03-27

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

2017-03-27

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CORPORATE DISCLOSURE STATEMENT filed by Diem LLC (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

2017-03-27

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Judge Rodney Gilstrap and Magistrate Judge John D. Love added. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]

2017-03-27

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CASE REFERRED to Magistrate Judge John D Love. (mll, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/28/2017)

2017-03-28

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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]

2017-03-28

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SUMMONS Issued as to BigCommerce, Inc., and emailed to plaintiff for service. (mll, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/30/2017)

2017-03-30

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NOTICE of Attorney Appearance by Amit Agarwal on behalf of BigCommerce, Inc. (Agarwal, Amit) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/13/2017)

2017-04-13

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MOTION to Dismiss Complaint For Failure To State A Claim For Relief by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/13/2017)

2017-04-13

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NOTICE of Attorney Appearance - Pro Hac Vice by Brett C Rismiller on behalf of Diem LLC. Filing fee $ 100, receipt number 0540-6264180. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/25/2017)

2017-04-25

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RESPONSE in Opposition re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Attachments: # 1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/27/2017)

2017-04-27

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REPLY to Response to Motion re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/04/2017)

2017-05-04

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SUR-REPLY to Reply to Response to Motion re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/11/2017)

2017-05-11

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ORDER entered re 7 Motion to Dismiss. The Court ORDERS Diem to FILE AN AMENDED COMPLAINT that is consistent with the Federal Rules and this Order within 14 days of the date of this Order. Signed by Magistrate Judge John D. Love on 5/11/17. (mjc, )[Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/12/2017)

2017-05-11

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AMENDED COMPLAINT against BigCommerce, Inc., filed by Diem LLC. (Attachments: # 1 Exhibit U.S. Patent No. 7,770,122)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/26/2017)

2017-05-26

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MOTION to Dismiss First Amended Complaint by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Lamb, William) (Additional attachment(s) added on 6/1/2017: # 3 Text of Proposed Order Corrected) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/31/2017)

2017-05-31

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ORDER denying as moot 7 Motion to Dismiss. Signed by Magistrate Judge John D. Love on 5/31/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/31/2017)

2017-05-31

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RESPONSE in Opposition re 14 MOTION to Dismiss First Amended Complaint filed by Diem LLC. (Attachments: # 1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/14/2017)

2017-06-14

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REPLY to Response to Motion re 14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/20/2017)

2017-06-20

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NOTICE by BigCommerce, Inc. re 17 Reply to Response to Motion Notice of Errata (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/21/2017)

2017-06-21

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NOTICE by BigCommerce, Inc. re 14 MOTION to Dismiss First Amended Complaint NOTICE OF COMPLETED BRIEFING (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/30/2017)

2017-06-30

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ORDER setting Scheduling Conference for 7/25/2017 01:30 PM in Ctrm 106 (Marshall) before Judge Rodney Gilstrap. Parties shall prepare and submit a proposed docket control order, a proposed discovery order and a proposed protective order, within the time periods contained in the schedule set forth. Signed by Judge Rodney Gilstrap on 7/3/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/05/2017)

2017-07-03

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REPORT AND RECOMMENDATIONS re 14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc., recommending that the motion be denied. Signed by Magistrate Judge John D. Love on 7/6/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/07/2017)

2017-07-06

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NOTICE of Attorney Appearance by Gary R Sorden on behalf of Diem LLC (Sorden, Gary) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/21/2017)

2017-07-21

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OBJECTION to 21 Report and Recommendations by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/21/2017)

2017-07-21

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Minute Entry for proceedings held before Judge Rodney Gilstrap: Scheduling Conference held on 7/25/2017. Counsel for the parties appeared and were asked if they consented to a trial before the United States Magistrate Judge. The Court then gave Markman and Jury Selection dates; deadlines for submitting Mediator names (3 days); and deadlines for submitting Agreed Scheduling and Discovery Orders (14 days). (Court Reporter Shelly Holmes, CSR-TCRR). (jml) [Transferred from Texas Eastern on 6/21/2018.]

2017-07-25

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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations of the United States Magistrate Judge. The Report and Recommendation is hereby ADOPTED and Defendants Motion to Dismiss (Dkt. No. 14) is accordingly DENIED. Signed by Judge Rodney Gilstrap on 7/26/2017. (gsg) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/27/2017)

2017-07-26

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NOTICE of Designation of Mediator, William Cornelius, filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/28/2017)

2017-07-28

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Submission of Proposed Agreed Docket Control/Scheduling order by Diem LLC . (Attachments: # 1 Exhibit Proposed Docket Control Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/08/2017)

2017-08-08

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Submission of Proposed Agreed Discovery order by BigCommerce, Inc. . (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/08/2017)

2017-08-08

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DISCOVERY ORDER entered. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

2017-08-09

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DOCKET CONTROL ORDER: Pretrial Conference set for 9/24/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Jury Selection set for 10/22/2018 09:00 AM in Tyler Courthouse before Judge Rodney Gilstrap. Mediation Completion due by 3/8/2018. Markman Hearing set for 2/8/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

2017-08-09

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ORDER REFERRING CASE to Mediator William Cornelius. Plaintiff's counsel is responsible for coordinating the mediation. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

2017-08-09

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ANSWER to 13 Amended Complaint by BigCommerce, Inc..(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

2017-08-09

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DEMAND for Trial by Jury by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

2017-08-09

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NOTICE by BigCommerce, Inc. Notice of Compliance regarding Initial and Additional Disclosures (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/15/2017)

2017-08-15

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Joint MOTION for Protective Order by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/15/2017)

2017-08-15

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PROTECTIVE ORDER entered. Signed by Magistrate Judge John D. Love on 8/16/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/16/2017)

2017-08-16

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Letter Brief filed by BigCommerce, Inc.. (Attachments: # 1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/16/2017)

2017-08-16

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Letter Brief filed by Diem LLC. (Attachments: # 1 Exhibit Letter Brief)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/30/2017)

2017-08-30

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Letter Brief filed by BigCommerce, Inc. (Attachments: # 1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/31/2017)

2017-08-31

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Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/01/2017)

2017-09-01

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RESPONSE in Opposition re 40 Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS filed by Diem LLC. (Rismiller, Brett) (Additional attachment(s) added on 9/7/2017: # 1 Text of Proposed Order) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/04/2017)

2017-09-04

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NOTICE of Attorney Appearance by Ryan Jared Marton on behalf of BigCommerce, Inc. (Marton, Ryan) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/04/2017)

2017-09-04

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ORDER granting 40 Motion for 4-Day Extension of Time to Serve Invalidity Contentions. Deadline is extended to 9/9/2017. Signed by Magistrate Judge John D. Love on 9/5/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/05/2017)

2017-09-05

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ORDER denying as moot 36 Notice of Compliance - Letter Brief filed by BigCommerce, Inc. Parties will follow the current DCO, including the claim construction briefing deadlines with the claim construction hearing set on 2-08-2018. Signed by Magistrate Judge John D. Love on 09/06/17. (mll, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/06/2017)

2017-09-06

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NOTICE of Discovery Disclosure by BigCommerce, Inc. Notice of Compliance with P.R. 3-3 and 3-4 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/11/2017)

2017-09-11

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NOTICE by BigCommerce, Inc. Notice of Compliance with P.R. 4-1 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 10/06/2017)

2017-10-06

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NOTICE by BigCommerce, Inc. Notice of Compliance Regarding P.R. 4-2 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 10/27/2017)

2017-10-27

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Opposed MOTION to Change Venue by BigCommerce, Inc.. (Attachments: # 1 Exhibit Declaration of Jeff Mengoli, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/07/2017)

2017-11-07

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Joint Claim Construction and Prehearing Statement by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/16/2017)

2017-11-16

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RESPONSE in Opposition re 48 Opposed MOTION to Change Venue filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/21/2017)

2017-11-21

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REPLY to Response to Motion re 48 Opposed MOTION to Change Venue filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/28/2017)

2017-11-28

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NOTICE by BigCommerce, Inc. Notice of Completed Briefing Regarding BigCommerce, Inc's Motion to Transfer Venue (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/11/2017)

2017-12-11

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NOTICE by USCA - FEDERAL CIRCUIT that a petition for writ of mandamus has been filed by BigCommerce, Inc. Case Number 18-120. (tkd, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/22/2017)

2017-12-22

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ORDER from the U.S. Court of Appeals for the Federal Circuit re 53 Petition for Writ of Mandamus filed by BigCommerce, Inc. Diem LLC is directed to respond to the petition no later than 1/4/2018. Any reply must be filed no later than 1/8/2018. Entered for the Court by Clerk Peter R. Marksteiner on 12/26/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/28/2017)

2017-12-26

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NOTICE by BigCommerce, Inc. Notice of Submission of Defendant's Technology Tutorial (Attachments: # 1 Exhibit A - Defendant's Technology Tutorial)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/28/2017)

2017-12-28

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CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/28/2017)

2017-12-28

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MEMORANDUM OPINION AND ORDER denying 48 Opposed MOTION to Change Venue filed by BigCommerce, Inc. Signed by Magistrate Judge John D. Love on 12/28/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/29/2017)

2017-12-28

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ORDER APPOINTING TECHNICAL ADVISOR Rich Egan. The parties are ORDERED to send courtesy copies of all claim construction briefs, exhibits, and technology tutorials no later than two business days after the date of their filing. Signed by Magistrate Judge John D. Love on 1/3/18. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/04/2018)

2018-01-03

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BIGCOMMERCE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF to 56 Diem's Opening Claim Construction Brief filed by BigCommerce, Inc.. (Lamb, Bobby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/11/2018)

2018-01-11

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NOTICE by BigCommerce, Inc. re 59 Reply to Claim Construction Brief Notice of Errata Re: Dkt. 59 (Attachments: # 1 Corrected Responsive Claim Construction Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/12/2018)

2018-01-12

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Opposed MOTION to Continue Markman Hearing By Two Days by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/12/2018)

2018-01-12

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REPLY CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/18/2018)

2018-01-18

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ORDER granting-in-part 61 Opposed MOTION to Continue Markman Hearing By Two Days filed by BigCommerce, Inc. Markman Hearing reset for 2/6/2018 09:00 AM in Ctrm 207 (Tyler) before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 1/19/18. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/19/2018)

2018-01-19

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Joint Claim Construction Chart by Diem LLC. (Attachments: # 1 Exhibit Joint Claim Construction Chart)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/25/2018)

2018-01-25

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Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 2/6/2018. (Court Reporter Shea Sloan) (srb ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/06/2018)

2018-02-06

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MEMORANDUM OPINION AND ORDER construing the disputed claim terms in U.S. Patent No. 7,770,122. Signed by Magistrate Judge John D. Love on 2/7/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/07/2018)

2018-02-07

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ORDER to pay technical advisor Richard Egan $12,806.46 for services rendered and expenses incurred through 2/7/2018, with plaintiffs and defendants to each pay half. Signed by Magistrate Judge John D. Love on 2/8/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/08/2018)

2018-02-08

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MOTION for Summary Judgment of Noninfringement by BigCommerce, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/12/2018)

2018-02-12

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RESPONSE in Opposition re 68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/05/2018)

2018-03-05

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ORDER adopting 66 Memorandum Opinion and Order of United States Magistrate Judge, which contains his construction of the disputed terms in the patents-in-suit. Signed by District Judge Rodney Gilstrap on 3/12/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/12/2018)

2018-03-12

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REPLY to Response to Motion re 68 MOTION for Summary Judgment of Noninfringement filed by BigCommerce, Inc.. (Attachments: # 1 Exhibit Lamb Declaration, # 2 Exhibit Ex. 4 to Lamb Declaration, # 3 Exhibit Ex. 5 to Lamb Declaration, # 4 Exhibit Argarwal Declaration)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/13/2018)

2018-03-13

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REPORT of Mediation by BigCommerce, Inc.. Mediation result: SUSPENDED(Cornelius, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/14/2018)

2018-03-14

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SUR-REPLY to Reply to Response to Motion re 68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/20/2018)

2018-03-20

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ORDER denying as moot 68 Motion for Summary Judgment. Signed by Magistrate Judge John D. Love on 5/3/2018. (gsg) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/03/2018)

2018-05-03

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USCA FOR THE FEDERAL CIRCUIT ORDER granting Petition for Writ of Mandamus re 53 Notice of Docketing Petition for Writ of Mandamus in re: BigCommerce, Inc. and Petition for Writ of Mandamus filed in 2:17cv160 in the Marshall Division. IT IS ORDERED THAT: The petitions are granted, the order denying the motion to dismiss in Diem's case and the order denying the motion to transfer in Express Mobile's case are vacated, and the cases are remanded for further proceedings consistent with this Order. Before Circuit Judges Reyna, Linn, and Hughes. Signed by Clerk of Court Peter R. Marksteiner for the Court on 5/15/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/15/2018)

2018-05-15

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SEALED MOTION by Diem LLC. # 1 Sealed Motion, # 2 Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Affidavit, # 10Text of Proposed Order)(Rismiller, Brett) (cj). Modified and added due to sealed documents not transferred over on 6/21/2018 (cj). [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/18/2018)

2018-05-18

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MOTION to Transfer Under 28 U.S.C. § 1406(A) by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/01/2018)

2018-06-01

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RESPONSE in Opposition re 76 SEALED MOTION filed by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/01/2018)

2018-06-01

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NOTICE by BigCommerce, Inc. re 77 MOTION to Transfer Under 28 U.S.C. § 1406(A) Notice of Request for Oral Hearing (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/04/2018)

2018-06-04

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REPLY to Response to Motion re 76 SEALED MOTION filed by Diem LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/08/2018)

2018-06-08

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RESPONSE in Opposition re 77 MOTION to Transfer Under 28 U.S.C. § 1406(A) filed by Diem LLC. (Attachments: # 1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/15/2018)

2018-06-15

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SUR-REPLY to Reply to Response to Motion re 76 SEALED MOTION filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/18/2018)

2018-06-18

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ORDER transferring this case to the Western District of Texas re 75 Order from the U.S. Court of Appeals for the Federal Circuit. All pending motions are denied as moot. Signed by Magistrate Judge John D. Love on 6/19/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/20/2018)

2018-06-19

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Interdistrict transfer to the Western District of Texas. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.]

2018-06-20

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No Actions

Case electronically transferred in from Eastern District of Texas; Case Number 6:17-cv-00186. (Entered: 06/21/2018)

2018-06-21

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Report on Patent sent to U.S. Patent and Trademark Office, along with a copy of the Amended Complaint. (cj) (Entered: 06/21/2018)

2018-06-21

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Letters sent to Brett Rismiller for Diem LLC and Amit Agarwal, Bobby Lamb, and Ryan J. Marton for BigCommerce, Inc. re: non-admitted status. (cj) (Entered: 06/21/2018)

2018-06-21

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Letters sent to Amit Agarwal, Kirby Drake, Bobby Lamb, Ryan Marton, Brett Rismiller, and Gary Sorden re: Case opening and transfer. (cj) (Entered: 06/21/2018)

2018-06-21

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Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj)

2018-06-21

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DEMAND for Trial by Jury by BigCommerce, Inc., Diem LLC. (cj)

2018-06-21

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ORDER setting Status Conference for 8/20/2018 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td) (Entered: 06/25/2018)

2018-06-25

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NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of BigCommerce, Inc.. Attorney Melissa Richards Smith added to party BigCommerce, Inc.(pty:dft) (Smith, Melissa) (Entered: 07/02/2018)

2018-07-02

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MOTION to Appear Pro Hac Vice ( Filing fee $ 100 receipt number 100033768) by BigCommerce, Inc. for William R. Lamb. (dm) (Entered: 08/14/2018)

2018-08-13

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ORDER GRANTING 91 Motion to Appear Pro Hac Vice as to William R. Lamb. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm) (Entered: 08/16/2018)

2018-08-16

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MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California by BigCommerce, Inc.. (Attachments: # 1 Proposed Order)(Lamb, William) (Entered: 08/16/2018)

2018-08-16

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MOTION to Appear Pro Hac Vice for Amit Agarwal ( Filing fee $ 100 receipt number 100033799) by BigCommerce, Inc.. (Attachments: # 1 Receipt)(dl) (Entered: 08/17/2018)

2018-08-17

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MOTION to Appear Pro Hac Vice for Brett Rismiller ( Filing fee $ 100 receipt number 100033800) by Diem LLC. (Attachments: # 1 Receipt, # 2 Proposed Order)(dl) (Entered: 08/17/2018)

2018-08-17

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Minute Entry for proceedings held before Judge Lee Yeakel: Status Conference held on 8/20/2018 (Minute entry documents are not available electronically.). (Court Reporter Arlinda Rodriguez.)(dm) (Entered: 08/20/2018)

2018-08-20

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ORDER GRANTING 94 Motion to Appear Pro Hac Vice as to Amit Agarwal. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm) (Entered: 08/20/2018)

2018-08-20

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ORDER GRANTING 95 Motion to Appear Pro Hac Vice as to Brett Rismiller. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (dm) (Entered: 08/20/2018)

2018-08-20

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Response in Opposition to Motion, filed by Diem LLC, re 93 MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California filed by Defendant BigCommerce, Inc. (dm) (Entered: 08/24/2018)

2018-08-23

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REPLY to Response to Motion, filed by BigCommerce, Inc., re 93 MOTION to Change Venue Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of California filed by Defendant BigCommerce, Inc. (Lamb, William) (Entered: 08/27/2018)

2018-08-27

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Unopposed MOTION to Withdraw as Attorney Kirby Drake and Gary Sorden by Diem LLC. (Attachments: # 1 Proposed Order)(Sorden, Gary) (Entered: 08/31/2018)

2018-08-31

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ORDER GRANTING 102 Motion to Withdraw as Attorney. Signed by Judge Lee Yeakel. (dm) (Entered: 09/12/2018)

2018-09-11

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ORDER GRANTING 93 Motion to Change Venue. Signed by Judge Lee Yeakel. (dm) (Entered: 09/26/2018)

2018-09-25

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Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (dm) (Entered: 09/26/2018)

2018-09-26

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Case transferred from TXWD has been received and opened in Northern District of California, San Francisco Division as case number 3:18-cv-05978. (dm)

2018-09-28

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Overview

Parties

Neutral

William Joseph Cornelius Follow

Represented By

Defendant

BigCommerce, Inc. Follow

Represented By

Plaintiff

Diem LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against BigCommerce, Inc. ( Filing fee $ 400 receipt number 0540-6217529.), filed by Diem LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

CORPORATE DISCLOSURE STATEMENT filed by Diem LLC (Drake, Kirby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/27/2017)

Judge Rodney Gilstrap and Magistrate Judge John D. Love added. (mll, ) [Transferred from Texas Eastern on 6/21/2018.]

CASE REFERRED to Magistrate Judge John D Love. (mll, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/28/2017)

SUMMONS Issued as to BigCommerce, Inc., and emailed to plaintiff for service. (mll, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/30/2017)

NOTICE of Attorney Appearance by Amit Agarwal on behalf of BigCommerce, Inc. (Agarwal, Amit) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/13/2017)

MOTION to Dismiss Complaint For Failure To State A Claim For Relief by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/13/2017)

NOTICE of Attorney Appearance - Pro Hac Vice by Brett C Rismiller on behalf of Diem LLC. Filing fee $ 100, receipt number 0540-6264180. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/25/2017)

RESPONSE in Opposition re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Attachments: # 1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 04/27/2017)

REPLY to Response to Motion re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/04/2017)

SUR-REPLY to Reply to Response to Motion re 7 MOTION to Dismiss Complaint For Failure To State A Claim For Relief filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/11/2017)

AMENDED COMPLAINT against BigCommerce, Inc., filed by Diem LLC. (Attachments: # 1 Exhibit U.S. Patent No. 7,770,122)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/26/2017)

MOTION to Dismiss First Amended Complaint by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Lamb, William) (Additional attachment(s) added on 6/1/2017: # 3 Text of Proposed Order Corrected) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/31/2017)

ORDER denying as moot 7 Motion to Dismiss. Signed by Magistrate Judge John D. Love on 5/31/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/31/2017)

RESPONSE in Opposition re 14 MOTION to Dismiss First Amended Complaint filed by Diem LLC. (Attachments: # 1 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/14/2017)

REPLY to Response to Motion re 14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/20/2017)

NOTICE by BigCommerce, Inc. re 17 Reply to Response to Motion Notice of Errata (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/21/2017)

NOTICE by BigCommerce, Inc. re 14 MOTION to Dismiss First Amended Complaint NOTICE OF COMPLETED BRIEFING (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/30/2017)

REPORT AND RECOMMENDATIONS re 14 MOTION to Dismiss First Amended Complaint filed by BigCommerce, Inc., recommending that the motion be denied. Signed by Magistrate Judge John D. Love on 7/6/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/07/2017)

NOTICE of Attorney Appearance by Gary R Sorden on behalf of Diem LLC (Sorden, Gary) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/21/2017)

OBJECTION to 21 Report and Recommendations by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/21/2017)

NOTICE of Designation of Mediator, William Cornelius, filed by Diem LLC. (Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 07/28/2017)

Submission of Proposed Agreed Docket Control/Scheduling order by Diem LLC . (Attachments: # 1 Exhibit Proposed Docket Control Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/08/2017)

Submission of Proposed Agreed Discovery order by BigCommerce, Inc. . (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/08/2017)

DISCOVERY ORDER entered. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

ORDER REFERRING CASE to Mediator William Cornelius. Plaintiff's counsel is responsible for coordinating the mediation. Signed by Magistrate Judge John D. Love on 8/9/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

ANSWER to 13 Amended Complaint by BigCommerce, Inc..(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

DEMAND for Trial by Jury by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/09/2017)

NOTICE by BigCommerce, Inc. Notice of Compliance regarding Initial and Additional Disclosures (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/15/2017)

Joint MOTION for Protective Order by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/15/2017)

PROTECTIVE ORDER entered. Signed by Magistrate Judge John D. Love on 8/16/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/16/2017)

Letter Brief filed by BigCommerce, Inc.. (Attachments: # 1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/16/2017)

Letter Brief filed by Diem LLC. (Attachments: # 1 Exhibit Letter Brief)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/30/2017)

Letter Brief filed by BigCommerce, Inc. (Attachments: # 1 Exhibit 1 - Letter Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 08/31/2017)

Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/01/2017)

RESPONSE in Opposition re 40 Opposed MOTION FOR 4-DAY EXTENSION OF TIME TO SERVE INVALIDITY CONTENTIONS filed by Diem LLC. (Rismiller, Brett) (Additional attachment(s) added on 9/7/2017: # 1 Text of Proposed Order) (mjc, ). [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/04/2017)

NOTICE of Attorney Appearance by Ryan Jared Marton on behalf of BigCommerce, Inc. (Marton, Ryan) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/04/2017)

ORDER granting 40 Motion for 4-Day Extension of Time to Serve Invalidity Contentions. Deadline is extended to 9/9/2017. Signed by Magistrate Judge John D. Love on 9/5/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/05/2017)

NOTICE of Discovery Disclosure by BigCommerce, Inc. Notice of Compliance with P.R. 3-3 and 3-4 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 09/11/2017)

NOTICE by BigCommerce, Inc. Notice of Compliance with P.R. 4-1 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 10/06/2017)

NOTICE by BigCommerce, Inc. Notice of Compliance Regarding P.R. 4-2 (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 10/27/2017)

Joint Claim Construction and Prehearing Statement by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/16/2017)

RESPONSE in Opposition re 48 Opposed MOTION to Change Venue filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/21/2017)

REPLY to Response to Motion re 48 Opposed MOTION to Change Venue filed by BigCommerce, Inc.. (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 11/28/2017)

NOTICE by BigCommerce, Inc. Notice of Completed Briefing Regarding BigCommerce, Inc's Motion to Transfer Venue (Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/11/2017)

NOTICE by USCA - FEDERAL CIRCUIT that a petition for writ of mandamus has been filed by BigCommerce, Inc. Case Number 18-120. (tkd, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/22/2017)

NOTICE by BigCommerce, Inc. Notice of Submission of Defendant's Technology Tutorial (Attachments: # 1 Exhibit A - Defendant's Technology Tutorial)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/28/2017)

CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/28/2017)

MEMORANDUM OPINION AND ORDER denying 48 Opposed MOTION to Change Venue filed by BigCommerce, Inc. Signed by Magistrate Judge John D. Love on 12/28/17. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 12/29/2017)

BIGCOMMERCE'S RESPONSIVE CLAIM CONSTRUCTION BRIEF to 56 Diem's Opening Claim Construction Brief filed by BigCommerce, Inc.. (Lamb, Bobby) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/11/2018)

NOTICE by BigCommerce, Inc. re 59 Reply to Claim Construction Brief Notice of Errata Re: Dkt. 59 (Attachments: # 1 Corrected Responsive Claim Construction Brief)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/12/2018)

Opposed MOTION to Continue Markman Hearing By Two Days by BigCommerce, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/12/2018)

REPLY CLAIM CONSTRUCTION BRIEF filed by Diem LLC. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/18/2018)

Joint Claim Construction Chart by Diem LLC. (Attachments: # 1 Exhibit Joint Claim Construction Chart)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 01/25/2018)

Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 2/6/2018. (Court Reporter Shea Sloan) (srb ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/06/2018)

MEMORANDUM OPINION AND ORDER construing the disputed claim terms in U.S. Patent No. 7,770,122. Signed by Magistrate Judge John D. Love on 2/7/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/07/2018)

ORDER to pay technical advisor Richard Egan $12,806.46 for services rendered and expenses incurred through 2/7/2018, with plaintiffs and defendants to each pay half. Signed by Magistrate Judge John D. Love on 2/8/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/08/2018)

MOTION for Summary Judgment of Noninfringement by BigCommerce, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 02/12/2018)

RESPONSE in Opposition re 68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/05/2018)

ORDER adopting 66 Memorandum Opinion and Order of United States Magistrate Judge, which contains his construction of the disputed terms in the patents-in-suit. Signed by District Judge Rodney Gilstrap on 3/12/2018. (mjc, ) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/12/2018)

REPORT of Mediation by BigCommerce, Inc.. Mediation result: SUSPENDED(Cornelius, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/14/2018)

SUR-REPLY to Reply to Response to Motion re 68 MOTION for Summary Judgment of Noninfringement filed by Diem LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rismiller, Brett) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 03/20/2018)

ORDER denying as moot 68 Motion for Summary Judgment. Signed by Magistrate Judge John D. Love on 5/3/2018. (gsg) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 05/03/2018)

MOTION to Transfer Under 28 U.S.C. § 1406(A) by BigCommerce, Inc.. (Attachments: # 1 Text of Proposed Order)(Lamb, William) [Transferred from Texas Eastern on 6/21/2018.] (Entered: 06/01/2018)

William Joseph Cornelius

BigCommerce, Inc.

Diem LLC