Digeo Inc v. Audible Inc

Application Number	Patent Number	External Links
-	US5734823	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against defendant(s) Audible, Inc (Summons(es) issued) (Receipt # 851806), filed by Digeo, Inc. (Attachments: # 1 Civil Cover Sheet)(DJ, ) (Entered: 03/23/2005)

2005-03-23

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CORPORATE DISCLOSURE STATEMENT BY PLAINTIFF DIGEO, INC. filed pursuant to FRCP 7.1. (DJ, ) (Entered: 03/23/2005)

2005-03-23

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ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 6/14/2005.Initial Disclosure Deadline is 6/28/2005. Joint Status Report due by 6/28/2005; by Judge James L. Robart. (CC, ) (Entered: 04/29/2005)

2005-04-29

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STANDARD ORDER FOR PATENT CASES by Judge James L. Robart. (CL, ) (Entered: 05/02/2005)

2005-04-29

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REPORT ON THE FILING OF AN ACTION REGARDING A PATENT. (Original mailed to the Director of the U.S. Patent and Trademark Office) (MKB) (Entered: 05/09/2005)

2005-05-09

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SERVICE OF SUMMONS and Complaint returned executed upon defendant Audible Inc on 5/10/2005 (CL, ) (Entered: 05/20/2005)

2005-05-20

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NOTICE of Appearance by attorney Regina Vogel Culbert on behalf of Defendant Audible Inc (Culbert, Regina) (Entered: 05/31/2005)

2005-05-31

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ANSWER to Complaint with JURY DEMAND by Audible Inc.(Culbert, Regina) (Entered: 05/31/2005)

2005-05-31

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APPLICATION by Defendant Audible Inc AND ORDER admitting Steven B Kelber for Audible Inc pro hac vice. Receipt # 411684. (CL, ) (Entered: 06/10/2005)

2005-06-10

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INITIAL DISCLOSURES by Defendant Audible Inc.(Siefert, Richard) (Entered: 06/28/2005)

2005-06-28

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JOINT STATUS REPORT Joint Status Report and Discovery Plan filed by all parties. Est. Trial Days: 8-10 days by Plaintiffs Digeo Inc, Digeo Inc.(Rossman, Jessica) (Entered: 06/28/2005)

2005-06-28

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STIPULATION AND PROPOSED ORDER Regarding Extension of Deadlines for Preliminary Contentions by parties. (Rossman, Jessica) (Entered: 07/15/2005)

2005-07-15

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STIPULATED ORDER re extension of deadlines for preliminary contentions by Judge James L. Robart. (CL, ) (Entered: 08/01/2005)

2005-08-01

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ORDER Setting Patent Trial and Related Dates by Judge James L. Robart. (CC, ) (Entered: 08/03/2005)

2005-08-03

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NOTICE of Appearance by attorney Lawrence D Graham on behalf of Plaintiff Digeo Inc (Graham, Lawrence) (Entered: 08/08/2005)

2005-08-08

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REQUEST by Plaintiff Digeo Inc for Leave to Withdraw. (Attachments: # 1 Proposed Order re Request for Leave to Withdraw)(Rossman, Jessica) (Entered: 08/11/2005)

2005-08-11

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ORDER granting 16 Request for leave to withdraw attys by Judge James L. Robart. Attys for pltf J. Riedinger, J. Rossman, R. McBrayer terminated.(CL, ) (Entered: 08/15/2005)

2005-08-12

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STIPULATION AND PROPOSED ORDER Extending Deadlines for Preliminary Contentions and Claim Construction Related Expert Reports by parties. (Graham, Lawrence) (Entered: 08/17/2005)

2005-08-17

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STIPULATION AND ORDER by Judge James L. Robart. Deadlines for preliminary contentions and claim construction-relates export report as extended as follows: Preliminary infringement contentions ddl 9/16/05; Preliminary invalidity contentions ddl 10/7/05; Report from expert witnesses regarding Markman issues ddl 9/10/05; parties exchange proposed terms, claim elements, and preliminary claim chart 11/23/05.(CL, ) (Entered: 08/22/2005)

2005-08-19

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STIPULATION AND PROPOSED ORDER re: PROTECTIVE ORDER by parties. (Graham, Lawrence) (Entered: 09/09/2005)

2005-09-09

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PRAECIPE re 20 Stipulation re: PROTECTIVE ORDER by Plaintiff Digeo Inc. (Attachments: # 1 Stipulated Protective Order)(Graham, Lawrence) (Entered: 09/09/2005)

2005-09-09

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PRAECIPE re 21 Praecipe-Other CORRECTED Stipulated Protective Order 20 by Plaintiff Digeo Inc. (Attachments: # 1 CORRECTED Stipulated Protective Order)(Graham, Lawrence) Modified on 9/12/2005 to create document link (ECS, ). (Entered: 09/09/2005)

2005-09-09

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STIPULATED PROTECTIVE ORDER by Judge James L. Robart. (CL, ) (Entered: 09/12/2005)

2005-09-09

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MOTION to Compel (CR 37 Joint Submission) by Plaintiff Digeo Inc. Noting Date 9/28/2005. (Attachments: # 1 Proposed Order)(Graham, Lawrence) (Entered: 09/28/2005)

2005-09-28

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DEFENDANT'S RESPONSE TO 24 MOTION to Compel (CR 37 Submission) by Defendant Audible Inc. Noting Date 9/30/2005. (Siefert, Richard) Modified on 10/3/2005: changed order of text to identify document, added link to motion (HBR, ). (Entered: 09/30/2005)

2005-09-30

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REPLY, filed by Plaintiff Digeo Inc, TO RESPONSE to 24 MOTION to Compel (CR 37 Joint Submission) (Graham, Lawrence) (Entered: 09/30/2005)

2005-09-30

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ORDER GRANTING 24 MOTION to Compel (CR 37 Joint Submission) filed by Digeo Inc, and STRIKING as improper 25 MOTION to Compel (Defendant's Response to CR 37 Submission) filed by Audible Inc, by Judge James L. Robart. (TG, ) (Entered: 10/04/2005)

2005-10-04

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REPORT Markman Expert Rebuttal by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 11/10/2005)

2005-11-10

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DECLARATION of John Strawn, Ph.D. Rebuttal Report by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 11/10/2005)

2005-11-10

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JOINT STATUS REPORT Joint Claim Chart and Prehearing Statement filed by all parties.. (Attachments: # 1 Appendix 5,734,823 Patent# 2 Appendix '823 Prosecution History)(Siefert, Richard) (Entered: 12/16/2005)

2005-12-16

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OPENING BRIEF [Markman Brief] by Plaintiff Digeo Inc. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibits 2-5# 3 Exhibit Exhibits 6-10)(Graham, Lawrence) (Entered: 01/06/2006)

2006-01-06

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OPENING BRIEF (Claim Construction Brief) by Defendant Audible Inc. (Attachments: # 1 Declaration of Regina V. Culbert# 2 Exhibits A and B# 3 Exhibits C to E# 4 Exhibit F# 5 Exhibit G# 6 Exhibits H to L# 7 Exhibits M and N# 8 Exhibits O and P)(Culbert, Regina) (Entered: 01/06/2006)

2006-01-06

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RESPONSE by Defendant Audible Inc re 32 Brief - Opening,, 31 Brief - Opening Responsive Claim Construction Brief. (Siefert, Richard) (Entered: 01/20/2006)

2006-01-20

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REPLY BRIEF Digeo's Reply Markman Brief re 32 Brief - Opening,, 31 Brief - Opening by Plaintiff Digeo Inc.. (Attachments: # 1 Exhibit Exhibit 1a# 2 Exhibit Exhibit 1b# 3 Exhibit Exhibits 2-6# 4 Exhibit Exhibit 7)(Graham, Lawrence) (Entered: 01/20/2006)

2006-01-20

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MOTION to Exclude Expert Report of John M. Strawn, Ph.D. by Defendant Audible Inc. Noting Date 2/28/2006.Oral Argument Requested. (Attachments: # 1 Exhibit A# 2 Appendix Case Authorities Part 1# 3 Appendix Case Authorities Part 2# 4 Appendix Case Authorities Part 3)(Kelber, Steven) (Entered: 02/16/2006)

2006-02-16

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NOTICE of Filing File History of Patent 5,734,823 in paper form with the Clerk's Office by Defendant Audible Inc (Siefert, Richard) (Entered: 02/22/2006)

2006-02-22

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DECLARATION of Mark L. Lorbiecki re 34 Brief - Reply, Markman by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 02/22/2006)

2006-02-22

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RESPONSE, by Plaintiff Digeo Inc, to 35 MOTION to Exclude Expert Report of John M. Strawn, Ph.D.. (Lorbiecki, Mark) (Entered: 02/22/2006)

2006-02-22

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MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Gail Glass; Pla Counsel: Lawrence Graham and Mark Lorbiecki; Def Counsel: Regina Cuthbert and Steven Kelber; CR: Joe Roth; Markman Hearing held on 2/28/2006. (GG, ) (Entered: 03/02/2006)

2006-02-28

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APPLICATION by Defendant Audible Inc AND ORDER admitting Kristine M Boylan for Audible Inc pro hac vice. Receipt # 802668. (MD, ) (Entered: 03/01/2006)

2006-03-01

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SUPPLEMENT Submission in Support of Audible's Claim Construction Argument on Electronic Storage Media by Defendant Audible Inc. (Attachments: # 1 Declaration of Steve Kelber# 2 Exhibit A Part 1# 3 Exhibit A Part 2# 4 Exhibit A Part 3# 5 Exhibit B Part 1# 6 Exhibit B Part 2# 7 Exhibit C# 8 Exhibit D# 9 Exhibit E# 10 Exhibit F# 11 Exhibit G# 12 Exhibit H)(Boylan, Kristine) (Entered: 03/03/2006)

2006-03-03

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TRANSCRIPT of Proceedings held on 2/28/06 before Judge James L Robart. Court Reporter: J Roth. (SA) (Entered: 03/14/2006)

2006-03-07

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NOTICE of Association of Attorney by Stellman Keehnel on behalf of Defendant Audible Inc (Keehnel, Stellman) (Entered: 03/09/2006)

2006-03-09

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RESPONSE by Plaintiff Digeo Inc re 41 Supplement,. (Attachments: # 1 Declaration of Mark L. Lorbiecki in Support of Digeo's Reply to Audible's Supplemental Submission on Electronic Storage Media# 2 Exhibit Exhibit H# 3 Exhibit Exhibit I# 4 Exhibit Exhibit J)(Graham, Lawrence) (Entered: 03/10/2006)

2006-03-10

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STIPULATION PERMITTING AUDIBLE, INC. TO FILE AMENDED ANSWER WITH DECLARATORY JUDGMENT COUNTERCLAIM by parties. (Keehnel, Stellman) (Entered: 03/16/2006)

2006-03-16

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ANSWER to Complaint with JURY DEMAND, COUNTERCLAIM DECLARATORY JUDGMENT against plaintiff Digeo Inc by Audible Inc.(Keehnel, Stellman) (Entered: 03/16/2006)

2006-03-16

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ORDER re: construction of claim terms, and DENYING as moot 35 MOTION to Exclude Expert Report of John M. Strawn, Ph.D. filed by Audible Inc, by Judge James L. Robart. (TG, )

2006-03-27

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Digeo's ANSWER to Counterclaim by Digeo Inc.(Graham, Lawrence) (Entered: 04/05/2006)

2006-04-05

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STIPULATION AND PROPOSED ORDER To Extend Deadlines For The Exchange of Expert Reports by parties. (Roth, Kit) (Entered: 04/25/2006)

2006-04-25

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STIPULATION AND ORDER TO EXTEND DEADLINES FOR THE EXCHANGE OF EXPERT REPORTS re 49 Stipulation filed by Audible Inc, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/3/2006; Rebuttal Expert Disclosure/Reports due by 6/3/2006 by Judge James L. Robart. (MD, ) (Entered: 04/26/2006)

2006-04-25

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MOTION for Extension of Time to Complete Discovery by Plaintiff Digeo Inc. Noting Date 6/1/2006. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Proposed Order)(Graham, Lawrence) (Entered: 05/25/2006)

2006-05-25

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PRAECIPE re 51 MOTION for Extension of Time to Complete Discovery by Plaintiff Digeo Inc. (Graham, Lawrence) (Entered: 05/25/2006)

2006-05-25

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MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/16/2006.Oral Argument Requested. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Kristine M. Boylan filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Attachments: # 1 Exhibit EX E p. 26-48# 2 Exhibit EX F-G p. 49-74# 3 Exhibit EX H-I p. 75-91# 4 Exhibit EX J-L p. 92-122)(Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Tong Wu filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of El-Vera A. Biedenstein filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Hsiao-Shih Chang filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Kristin M. Drieman filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/6/2006.Oral Argument Requested. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Kristine M. Boylan filed by Counter Claimant Audible Inc, Defendant Audible Inc re 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/6/2006.Oral Argument Requested. (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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PROPOSED ORDER (Unsigned) re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh. (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Steven B. Kelber filed by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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DECLARATION of Kristine M. Boylan filed by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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CERTIFICATE OF SERVICE by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 63 Declaration, 64 Declaration, 62 Proposed Order (Unsigned). (Roth, Kit) (Entered: 05/25/2006)

2006-05-25

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PRAECIPE re 54 Declaration, of Kristine M. Boylan In Support of Audible's Motion For Summary Judgment and, Alternatively, For Dismissal Under FRCP 12 by Counter Claimant Audible Inc, Defendant Audible Inc. (Roth, Kit) (Entered: 05/26/2006)

2006-05-26

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RESPONSE, by Plaintiff Digeo Inc, to 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang. (Attachments: # 1 Exhibit A)(Graham, Lawrence) (Entered: 06/01/2006)

2006-06-01

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RESPONSE, by Counter Claimant Audible Inc, Defendant Audible Inc, to 51 MOTION for Extension of Time to Complete Discovery. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Keehnel, Stellman) (Entered: 06/01/2006)

2006-06-01

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DECLARATION of Steven B. Kelber in Support of Audible's Opposition to Digeo's 51 MOTION for Extension of Time to Complete Discovery (Attachments: # 1 Exhibit A-B, pgs. 4-31# 2 Exhibit C-G, pgs. 32-64)(Roth, Kit) Modified duplicative text on 6/2/2006 (ECS, ). (Entered: 06/01/2006)

2006-06-01

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REPLY, filed by Plaintiff Digeo Inc, TO RESPONSE to 51 MOTION for Extension of Time to Complete Discovery (Attachments: # 1 Declaration of Lawrence D. Graham)(Graham, Lawrence) (Entered: 06/05/2006)

2006-06-05

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REPLY, filed by Counter Claimant Audible Inc, Defendant Audible Inc, TO RESPONSE to 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang (Attachments: # 1 Certificate of Service)(Roth, Kit) (Entered: 06/06/2006)

2006-06-06

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DECLARATION of Steven B. Kelber in Support of Audible's Reply In Support Of Motions For Protective Orders For Relief From The E. Chang and M. Saigh Subpoenas filed by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang (Roth, Kit) (Entered: 06/06/2006)

2006-06-06

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MINUTE ENTRY for proceedings held before Judge James L. Robart - Pla Counsel: Larry Graham, Douglas Grady; Def Counsel: Steven Kelber; Telephone Conference held on 6/8/2006. Court discusses pending motions with counsel. Court GRANTS Digeo's motion to extend discovery (Dkt. #51). Counsel shall have until the close of business on June 30 to conduct third-party discovery as to Michael Saigh, Bill Saigh, Edward Chang, and Oliver Chang. Discovery shall be limited solely to issues raised in Audible's pending summary judgment motion (Dkt. #53), which the court RENOTES for July 7, 2006. The court DENIES Audible's motions for protective order (Dkt. ##59,61). Audible may file a later motion regarding whether Digeo should bear costs or attorneys' fees for extended discovery. (CC, ) (Entered: 06/12/2006)

2006-06-08

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RESPONSE, by Plaintiff Digeo Inc, to 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12. Oral Argument Requested. (Attachments: # 1 Exhibit #1# 2 Exhibit 2-3# 3 Exhibit #4# 4 Exhibit #5A# 5 Exhibit #5B# 6 Exhibit #6-11# 7 Exhibit #12-16)(Graham, Lawrence) (Entered: 07/03/2006)

2006-07-03

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REPLY, filed by Counter Claimant Audible Inc, Defendant Audible Inc, TO RESPONSE to 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 07/07/2006)

2006-07-07

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DECLARATION of Steven B. Kelber In Support of Audible, Inc.'s Reply To 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) Modified duplicative text on 7/10/2006 (ECS, ). (Entered: 07/07/2006)

2006-07-07

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STATEMENT of Non-Published Opinions in Support Reply 75 to Response to 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 by Audible Inc. (Roth, Kit) Modified duplicative text on 7/10/2006 (ECS, ). (Entered: 07/07/2006)

2006-07-07

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DECLARATION of Mark Lorbiecki filed by Plaintiff Digeo Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Lorbiecki, Mark) (Entered: 07/21/2006)

2006-07-21

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ORDER granting in part and denying in part 53 Defendant's Motion for Summary Judgment by Judge James L. Robart.(MD, )

2006-08-24

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NOTICE by Counter Claimant Audible Inc, Defendant Audible Inc NOTICE OF CHANGE OF FIRM NAME (Roth, Kit) (Entered: 09/22/2006)

2006-09-22

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Digeo's BRIEF re 79 Order on Motion for Summary Judgment "Brief Regarding Case Disposition" by Plaintiff Digeo Inc. (Graham, Lawrence) (Entered: 09/22/2006)

2006-09-22

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Defendant Audible's BRIEF re 79 Order on Motion for Summary Judgment Brief - Disposition of the Issue of Equitable Ownership by Counter Claimant Audible Inc, Defendant Audible Inc. (Attachments: # 1 Appendix Non-Published Opinions)(Keehnel, Stellman) (Entered: 10/06/2006)

2006-10-06

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DECLARATION of Steven B. Kelber in Support of Audible's Brief - Disposition of the Issue of Equitable Ownership by Counter Claimant Audible Inc, Defendant Audible Inc. (Keehnel, Stellman) (Entered: 10/06/2006)

2006-10-06

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APPLICATION by Intervenor Parties Hsiao-Shih Chang, Edward Chang AND ORDER admitting William F Swearinger for Hsiao-Shih Chang and Edward Chang pro hac vice. Receipt # SEA 4477. (MD, ) (Entered: 10/10/2006)

2006-10-10

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MOTION to Dismiss by Plaintiff Digeo Inc. Noting Date 11/17/2006. (Lorbiecki, Mark) (Entered: 10/18/2006)

2006-10-18

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Proposed Order re MOTION to Dismiss 85 by Plaintiff Digeo Inc. (Lorbiecki, Mark) Modified on 10/20/2006 (ECS, ). (Entered: 10/18/2006)

2006-10-18

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MOTION to Intervene by Intervenor Parties Hsiao-Shih Chang, Edward Chang. Noting Date 11/3/2006. (Attachments: # 1 Proposed Order)(Roth, Kit) (Entered: 10/19/2006)

2006-10-19

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DECLARATION of Kit W. Roth filed by Intervenor Parties Hsiao-Shih Chang, Edward Chang re 87 MOTION to Intervene (Roth, Kit) (Entered: 10/19/2006)

2006-10-19

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RESPONSE, by Plaintiff Digeo Inc, to 87 MOTION to Intervene. (Graham, Lawrence) (Entered: 10/30/2006)

2006-10-30

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REPLY, filed by Intervenor Parties Hsiao-Shih Chang, Edward Chang, TO RESPONSE to 87 MOTION to Intervene (Roth, Kit) (Entered: 11/03/2006)

2006-11-03

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NOTICE of Change of Address by Steven B Kelber (Kelber, Steven) (Entered: 11/09/2006)

2006-11-09

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RESPONSE, by Intervenor Parties Hsiao-Shih Chang, Edward Chang, to 85 MOTION to Dismiss. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Roth, Kit) (Entered: 11/13/2006)

2006-11-13

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RESPONSE, by Defendant Audible Inc, to 85 MOTION to Dismiss. Oral Argument Requested. (Attachments: # 1 Proposed Order)(Keehnel, Stellman) (Entered: 11/13/2006)

2006-11-13

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REQUEST by Defendant Audible Inc for Leave to Withdraw. (Attachments: # 1 Proposed Order)(Siefert, Richard) (Entered: 11/14/2006)

2006-11-14

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ORDER GRANTING re 94 Request for leave to withdraw as cnsl for deft Audible, Inc. Attorney Richard C Siefert no longer counsel for deft Audible, Inc by Judge James L. Robart. (MD, ) (Entered: 11/16/2006)

2006-11-15

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REPLY, filed by Plaintiff Digeo Inc, TO RESPONSE to 85 MOTION to Dismiss (Graham, Lawrence) (Entered: 11/17/2006)

2006-11-17

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NOTICE of Unavailability of counsel Lawrence D Graham for Plaintiff Digeo Inc from 12/04/06 to 12/15/06 (Graham, Lawrence) (Entered: 11/30/2006)

2006-11-30

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ORDER granting 85 Motion to Dismiss, denying 87 Motion to Intervene by Judge James L. Robart. (JJ, )

2006-12-01

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JUDGMENT BY COURT : The court grants Plaintiff's motion for voluntary dismissal. The court dismisses Plaintiff's complaint with prejudice, and dismisses Defendant's counterclaim without prejudice. As a condition of the dismissal, Plaintiff may not assert its rights under United States Patent No. 5,734,823 against Defendant, Defendant's customers, or Defendant's successors and assigns. This condition applies only to products and services that Defendant has manufactured or offered in the past, or is manufacturing or offering on the date of this judgment. The court's ruling that co-inventor Edward Chang did not assign his ownership interest in the patent-in-suit is an adjudication on the merits, and is incorporated in this judgment. (LT, ) (Entered: 12/01/2006)

2006-12-01

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MOTION CLARIFICATION re 98 Order on Motion to Dismiss, Order on Motion to Intervene by Defendant Audible Inc. (Attachments: # 1 Proposed Order)(Roth, Kit) (Entered: 12/15/2006)

2006-12-15

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DECLARATION of Kit W. Roth filed by Defendant Audible Inc re 100 MOTION CLARIFICATION re 98 Order on Motion to Dismiss, Order on Motion to Intervene (Roth, Kit) (Entered: 12/15/2006)

2006-12-15

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RESPONSE, by Plaintiff Digeo Inc, to 100 MOTION CLARIFICATION re 98 Order on Motion to Dismiss, Order on Motion to Intervene. (Attachments: # 1 Proposed Order)(Graham, Lawrence) (Entered: 12/19/2006)

2006-12-19

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ORDER granting 100 Digeo's Motion for clarification and STRIKES Audible's request for clarification (Dkt. #102) by Judge James L. Robart.(MD, ) (Entered: 12/20/2006)

2006-12-20

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AMENDED ORDER - Court GRANTS Audible's motion for clarification and STRIKES Digeo's request for clarification. RE: 100 MOTION CLARIFICATION re 98 Order on Motion to Dismiss, Order on Motion to Intervene filed by Audible Inc' 102 Response and motion to strike filed by Digeo Inc, by Judge James L. Robart. (MD, ) (Entered: 12/20/2006)

2006-12-20

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NOTICE OF APPEAL as to 79 Order on Motion for Summary Judgment by Defendant Audible Inc. Filing Fee: $455, receipt number 1042185. (Keehnel, Stellman) (Entered: 01/02/2007)

2007-01-02

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APPEAL NOTIFICATION packet sent to U.S. Court of Appeals Federal Circuit re 105 Notice of Appeal (Attachments: # 1 Docket)(LMK, ) (Entered: 01/03/2007)

2007-01-03

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NOTICE of Change of Address by Kit W Roth (Roth, Kit) (Entered: 01/05/2007)

2007-01-05

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MOTION FOR BILL OF COSTS by Defendant Audible Inc. Noting Date 1/19/2007. (Attachments: # 1 Proposed Order)(Keehnel, Stellman) (Entered: 01/09/2007)

2007-01-09

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DECLARATION of Steven B. Kelber filed by Defendant Audible Inc re 108 MOTION FOR BILL OF COSTS (Attachments: # 1 Exhibit A# 2 Exhibit B pgs 6-20# 3 Exhibit B pgs. 21-45# 4 Certificate of Service)(Keehnel, Stellman) (Entered: 01/09/2007)

2007-01-09

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AMENDMENT Proposed ORDER TAXING COSTS by Defendant Audible Inc. (Keehnel, Stellman) Modified/Added 'Proposed' on 1/10/2007 (ECS, ). (Entered: 01/09/2007)

2007-01-09

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RESPONSE, by Plaintiff Digeo Inc, to 108 MOTION FOR BILL OF COSTS. (Grady, Douglas) (Entered: 01/16/2007)

2007-01-16

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Appeal Remark/NOTICE OF DOCKETING re 105 Notice of Appeal: received from Federal Circuit Court of Appeals.(SA, ) (Entered: 01/18/2007)

2007-01-16

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REPLY, filed by Defendant Audible Inc, TO RESPONSE to 108 MOTION FOR BILL OF COSTS (Attachments: # 1 Proposed Order)(Keehnel, Stellman) (Entered: 01/19/2007)

2007-01-19

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Amended DECLARATION of Steven B. Kelber filed by Defendant Audible Inc re 108 MOTION FOR BILL OF COSTS (Keehnel, Stellman) (Entered: 01/19/2007)

2007-01-19

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ORDER granting 108 Motion for Bill of Costs in the amount of $ 7,705.50 against Plaintiff Digeo, Inc. by Clerk U.S. District Court Bruce Rifkin.(Rifkin, Bruce)

2007-01-25

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NOTICE of Change of Address of Attorney Kit W Roth. Filed by Defendant Audible Inc. (Roth, Kit) (Entered: 02/21/2007)

2007-02-21

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ERRATA re 116 Notice of Change of Address for Steven B. Kelber by Defendant Audible Inc. (Roth, Kit) (Entered: 02/21/2007)

2007-02-21

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Appeal Remark (7-1133) re 105 Notice of Appeal : Notice of Entry of Judgment accompanied by Opinion by Federal Circuit, Mandate to be issued in due course. (SA) (Entered: 11/06/2007)

2007-11-05

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JUDGMENT OF COURT OF APPEALS FEDERAL CIRCUIT as to 105 Notice of Appeal filed by Audible Inc; This cause has been heard and considered; it is ordered and adjudged AFFIRMED. (LMK, ) (Entered: 11/29/2007)

2007-11-28

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Overview

Parties

In Re

Digeo Inc Follow

Represented By

Intervenor

Edward Chang Follow

Represented By

Hsiao-Shih Chang Follow

Represented By

Counter Claimant

Audible Inc Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT AND JURY DEMAND against defendant(s) Audible, Inc (Summons(es) issued) (Receipt # 851806), filed by Digeo, Inc. (Attachments: # 1 Civil Cover Sheet)(DJ, ) (Entered: 03/23/2005)

CORPORATE DISCLOSURE STATEMENT BY PLAINTIFF DIGEO, INC. filed pursuant to FRCP 7.1. (DJ, ) (Entered: 03/23/2005)

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 6/14/2005.Initial Disclosure Deadline is 6/28/2005. Joint Status Report due by 6/28/2005; by Judge James L. Robart. (CC, ) (Entered: 04/29/2005)

STANDARD ORDER FOR PATENT CASES by Judge James L. Robart. (CL, ) (Entered: 05/02/2005)

REPORT ON THE FILING OF AN ACTION REGARDING A PATENT. (Original mailed to the Director of the U.S. Patent and Trademark Office) (MKB) (Entered: 05/09/2005)

SERVICE OF SUMMONS and Complaint returned executed upon defendant Audible Inc on 5/10/2005 (CL, ) (Entered: 05/20/2005)

NOTICE of Appearance by attorney Regina Vogel Culbert on behalf of Defendant Audible Inc (Culbert, Regina) (Entered: 05/31/2005)

ANSWER to Complaint with JURY DEMAND by Audible Inc.(Culbert, Regina) (Entered: 05/31/2005)

APPLICATION by Defendant Audible Inc AND ORDER admitting Steven B Kelber for Audible Inc pro hac vice. Receipt # 411684. (CL, ) (Entered: 06/10/2005)

INITIAL DISCLOSURES by Defendant Audible Inc.(Siefert, Richard) (Entered: 06/28/2005)

JOINT STATUS REPORT Joint Status Report and Discovery Plan filed by all parties. Est. Trial Days: 8-10 days by Plaintiffs Digeo Inc, Digeo Inc.(Rossman, Jessica) (Entered: 06/28/2005)

STIPULATION AND PROPOSED ORDER Regarding Extension of Deadlines for Preliminary Contentions by parties. (Rossman, Jessica) (Entered: 07/15/2005)

STIPULATED ORDER re extension of deadlines for preliminary contentions by Judge James L. Robart. (CL, ) (Entered: 08/01/2005)

ORDER Setting Patent Trial and Related Dates by Judge James L. Robart. (CC, ) (Entered: 08/03/2005)

NOTICE of Appearance by attorney Lawrence D Graham on behalf of Plaintiff Digeo Inc (Graham, Lawrence) (Entered: 08/08/2005)

REQUEST by Plaintiff Digeo Inc for Leave to Withdraw. (Attachments: # 1 Proposed Order re Request for Leave to Withdraw)(Rossman, Jessica) (Entered: 08/11/2005)

ORDER granting 16 Request for leave to withdraw attys by Judge James L. Robart. Attys for pltf J. Riedinger, J. Rossman, R. McBrayer terminated.(CL, ) (Entered: 08/15/2005)

STIPULATION AND PROPOSED ORDER Extending Deadlines for Preliminary Contentions and Claim Construction Related Expert Reports by parties. (Graham, Lawrence) (Entered: 08/17/2005)

STIPULATION AND PROPOSED ORDER re: PROTECTIVE ORDER by parties. (Graham, Lawrence) (Entered: 09/09/2005)

PRAECIPE re 20 Stipulation re: PROTECTIVE ORDER by Plaintiff Digeo Inc. (Attachments: # 1 Stipulated Protective Order)(Graham, Lawrence) (Entered: 09/09/2005)

PRAECIPE re 21 Praecipe-Other CORRECTED Stipulated Protective Order 20 by Plaintiff Digeo Inc. (Attachments: # 1 CORRECTED Stipulated Protective Order)(Graham, Lawrence) Modified on 9/12/2005 to create document link (ECS, ). (Entered: 09/09/2005)

STIPULATED PROTECTIVE ORDER by Judge James L. Robart. (CL, ) (Entered: 09/12/2005)

MOTION to Compel (CR 37 Joint Submission) by Plaintiff Digeo Inc. Noting Date 9/28/2005. (Attachments: # 1 Proposed Order)(Graham, Lawrence) (Entered: 09/28/2005)

DEFENDANT'S RESPONSE TO 24 MOTION to Compel (CR 37 Submission) by Defendant Audible Inc. Noting Date 9/30/2005. (Siefert, Richard) Modified on 10/3/2005: changed order of text to identify document, added link to motion (HBR, ). (Entered: 09/30/2005)

REPLY, filed by Plaintiff Digeo Inc, TO RESPONSE to 24 MOTION to Compel (CR 37 Joint Submission) (Graham, Lawrence) (Entered: 09/30/2005)

ORDER GRANTING 24 MOTION to Compel (CR 37 Joint Submission) filed by Digeo Inc, and STRIKING as improper 25 MOTION to Compel (Defendant's Response to CR 37 Submission) filed by Audible Inc, by Judge James L. Robart. (TG, ) (Entered: 10/04/2005)

REPORT Markman Expert Rebuttal by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 11/10/2005)

DECLARATION of John Strawn, Ph.D. Rebuttal Report by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 11/10/2005)

JOINT STATUS REPORT Joint Claim Chart and Prehearing Statement filed by all parties.. (Attachments: # 1 Appendix 5,734,823 Patent# 2 Appendix '823 Prosecution History)(Siefert, Richard) (Entered: 12/16/2005)

OPENING BRIEF [Markman Brief] by Plaintiff Digeo Inc. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibits 2-5# 3 Exhibit Exhibits 6-10)(Graham, Lawrence) (Entered: 01/06/2006)

OPENING BRIEF (Claim Construction Brief) by Defendant Audible Inc. (Attachments: # 1 Declaration of Regina V. Culbert# 2 Exhibits A and B# 3 Exhibits C to E# 4 Exhibit F# 5 Exhibit G# 6 Exhibits H to L# 7 Exhibits M and N# 8 Exhibits O and P)(Culbert, Regina) (Entered: 01/06/2006)

RESPONSE by Defendant Audible Inc re 32 Brief - Opening,, 31 Brief - Opening Responsive Claim Construction Brief. (Siefert, Richard) (Entered: 01/20/2006)

REPLY BRIEF Digeo's Reply Markman Brief re 32 Brief - Opening,, 31 Brief - Opening by Plaintiff Digeo Inc.. (Attachments: # 1 Exhibit Exhibit 1a# 2 Exhibit Exhibit 1b# 3 Exhibit Exhibits 2-6# 4 Exhibit Exhibit 7)(Graham, Lawrence) (Entered: 01/20/2006)

NOTICE of Filing File History of Patent 5,734,823 in paper form with the Clerk's Office by Defendant Audible Inc (Siefert, Richard) (Entered: 02/22/2006)

DECLARATION of Mark L. Lorbiecki re 34 Brief - Reply, Markman by Plaintiff Digeo Inc. (Lorbiecki, Mark) (Entered: 02/22/2006)

RESPONSE, by Plaintiff Digeo Inc, to 35 MOTION to Exclude Expert Report of John M. Strawn, Ph.D.. (Lorbiecki, Mark) (Entered: 02/22/2006)

MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Gail Glass; Pla Counsel: Lawrence Graham and Mark Lorbiecki; Def Counsel: Regina Cuthbert and Steven Kelber; CR: Joe Roth; Markman Hearing held on 2/28/2006. (GG, ) (Entered: 03/02/2006)

APPLICATION by Defendant Audible Inc AND ORDER admitting Kristine M Boylan for Audible Inc pro hac vice. Receipt # 802668. (MD, ) (Entered: 03/01/2006)

TRANSCRIPT of Proceedings held on 2/28/06 before Judge James L Robart. Court Reporter: J Roth. (SA) (Entered: 03/14/2006)

NOTICE of Association of Attorney by Stellman Keehnel on behalf of Defendant Audible Inc (Keehnel, Stellman) (Entered: 03/09/2006)

RESPONSE by Plaintiff Digeo Inc re 41 Supplement,. (Attachments: # 1 Declaration of Mark L. Lorbiecki in Support of Digeo's Reply to Audible's Supplemental Submission on Electronic Storage Media# 2 Exhibit Exhibit H# 3 Exhibit Exhibit I# 4 Exhibit Exhibit J)(Graham, Lawrence) (Entered: 03/10/2006)

STIPULATION PERMITTING AUDIBLE, INC. TO FILE AMENDED ANSWER WITH DECLARATORY JUDGMENT COUNTERCLAIM by parties. (Keehnel, Stellman) (Entered: 03/16/2006)

ANSWER to Complaint with JURY DEMAND, COUNTERCLAIM DECLARATORY JUDGMENT against plaintiff Digeo Inc by Audible Inc.(Keehnel, Stellman) (Entered: 03/16/2006)

ORDER re: construction of claim terms, and DENYING as moot 35 MOTION to Exclude Expert Report of John M. Strawn, Ph.D. filed by Audible Inc, by Judge James L. Robart. (TG, )

Digeo's ANSWER to Counterclaim by Digeo Inc.(Graham, Lawrence) (Entered: 04/05/2006)

STIPULATION AND PROPOSED ORDER To Extend Deadlines For The Exchange of Expert Reports by parties. (Roth, Kit) (Entered: 04/25/2006)

STIPULATION AND ORDER TO EXTEND DEADLINES FOR THE EXCHANGE OF EXPERT REPORTS re 49 Stipulation filed by Audible Inc, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/3/2006; Rebuttal Expert Disclosure/Reports due by 6/3/2006 by Judge James L. Robart. (MD, ) (Entered: 04/26/2006)

MOTION for Extension of Time to Complete Discovery by Plaintiff Digeo Inc. Noting Date 6/1/2006. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Proposed Order)(Graham, Lawrence) (Entered: 05/25/2006)

PRAECIPE re 51 MOTION for Extension of Time to Complete Discovery by Plaintiff Digeo Inc. (Graham, Lawrence) (Entered: 05/25/2006)

MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/16/2006.Oral Argument Requested. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Tong Wu filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

DECLARATION of El-Vera A. Biedenstein filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Hsiao-Shih Chang filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Kristin M. Drieman filed by Counter Claimant Audible Inc, Defendant Audible Inc re 53 MOTION for Summary Judgment and Alternatively, For Dismissal Under FRCP 12 (Roth, Kit) (Entered: 05/25/2006)

MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/6/2006.Oral Argument Requested. (Attachments: # 1 Proposed Order # 2 Certificate of Service)(Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Kristine M. Boylan filed by Counter Claimant Audible Inc, Defendant Audible Inc re 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang (Roth, Kit) (Entered: 05/25/2006)

MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh by Counter Claimant Audible Inc, Defendant Audible Inc. Noting Date 6/6/2006.Oral Argument Requested. (Roth, Kit) (Entered: 05/25/2006)

PROPOSED ORDER (Unsigned) re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh. (Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Steven B. Kelber filed by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh (Roth, Kit) (Entered: 05/25/2006)

DECLARATION of Kristine M. Boylan filed by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh (Roth, Kit) (Entered: 05/25/2006)

CERTIFICATE OF SERVICE by Counter Claimant Audible Inc, Defendant Audible Inc re 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 63 Declaration, 64 Declaration, 62 Proposed Order (Unsigned). (Roth, Kit) (Entered: 05/25/2006)

PRAECIPE re 54 Declaration, of Kristine M. Boylan In Support of Audible's Motion For Summary Judgment and, Alternatively, For Dismissal Under FRCP 12 by Counter Claimant Audible Inc, Defendant Audible Inc. (Roth, Kit) (Entered: 05/26/2006)

RESPONSE, by Plaintiff Digeo Inc, to 61 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Michael Saigh, 59 MOTION for Protective Order Granting Relief From The May 22, 2006 Subpoena To Edward Chang. (Attachments: # 1 Exhibit A)(Graham, Lawrence) (Entered: 06/01/2006)

Digeo Inc

Edward Chang

Hsiao-Shih Chang

Audible Inc