Digitech Image Technologies LLC v. Sigma Corporation

COMPLAINT against Defendants Sigma Corporation and Sigma Corporation of America. Case assigned to Judge Josephine Staton Tucker for all further proceedings. Discovery referred to Magistrate Judge Arthur Nakazato.(Filing fee $350 Paid). Filed by Plaintiff Digitech Image Technologies LLC.(lwag) (Entered: 10/03/2012)

2012-10-01

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CERTIFICATION and Notice of Interested Parties filed by Plaintiff Digitech Image Technologies LLC. (lwag) (Entered: 10/03/2012)

2012-10-01

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NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (lwag) (Entered: 10/03/2012)

2012-10-01

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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag) (Entered: 10/03/2012)

2012-10-01

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NOTICE of Related Case(s) filed by Plaintiff Digitech Image Technologies LLC. (Edmonds, John) (Entered: 10/03/2012)

2012-10-03

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NOTICE of Related Case(s) filed by Plaintiff Digitech Image Technologies LLC. Plaintiff Digitech Image Technologies, LLC's Amended Notice of Related Cases Per Local Rule 83-1.3 (Edmonds, John) (Entered: 10/08/2012)

2012-10-08

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Digitech Image Technologies LLC. (Edmonds, John) (Entered: 10/09/2012)

2012-10-09

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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV12-01153 ODW (MRWx). Case transferred from Magistrate Judge Arthur Nakazato and Judge Josephine Staton Tucker to Judge Otis D Wright, II and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV12-01681 ODW (MRWx). Signed by Judge Otis D Wright, II. (dro) (Entered: 10/16/2012)

2012-10-12

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MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been reassigned to the Honorable Otis D. Wright II, United States District Judge. The magistrate judge's assignment has been changed to the Honorable Michael R. Wilner. Please substitute the initials ODW(MRWx) in place of the initials JST (ANx). The case number will now read: SA CV 12-01681- ODW(MRWx). Henceforth, it is imperative that the initials ODW(MRWx) be used on all documents to prevent delays in the processing of documents. SEE ORDER FOR FURTHER DETAILS. (jre) (Entered: 10/17/2012)

2012-10-17

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STANDING ORDER REGARDING PATENT CASES by Judge Otis D Wright, II: See order for complete details. (jre) (Entered: 10/17/2012)

2012-10-17

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NOTICE of Appearance filed by attorney Christopher P Broderick on behalf of Defendants Sigma Corporation, Sigma Corporation of America (Broderick, Christopher) (Entered: 10/25/2012)

2012-10-25

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Joint STIPULATION for Extension of Time to File Answer to 1/7/2013 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Sigma Corporation, Sigma Corporation of America. (Attachments: # 1 Proposed Order)(Broderick, Christopher) (Entered: 10/25/2012)

2012-10-25

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Certification and Notice of Interested Parties filed by Defendants Sigma Corporation, Sigma Corporation of America, (Broderick, Christopher) (Entered: 10/25/2012)

2012-10-25

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NOTICE of Related Case(s) filed by Defendants Sigma Corporation, Sigma Corporation of America. (Broderick, Christopher) (Entered: 10/25/2012)

2012-10-25

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ORDER granting Stipulation 12 that defendants Sigma Corporation and Sigma Corporation of America time to respond to complaint is extended to 1/7/2013by Judge Otis D Wright, II (lc) (Entered: 10/26/2012)

2012-10-25

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NOTICE of Manual Filing filed by Defendant Sigma Corporation of America of ANSWER TO COMPLAINT, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS. (Broderick, Christopher) (Entered: 01/07/2013)

2013-01-07

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ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 with JURY DEMAND and Affirmative Defenses filed by Defendant Sigma Corporation.(Broderick, Christopher) (Entered: 01/07/2013)

2013-01-07

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ANSWER to Complaint - (Discovery) 1, COUNTERCLAIM against Digitech Image Technologies LLC filed by defendant Sigma Corporation of America.(lc) (Entered: 01/08/2013)

2013-01-07

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ORDER that the Scheduling Conference is set for 4/1/13 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II. (lc) (Entered: 01/08/2013)

2013-01-08

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PLAINTIFF'S ANSWER TO SIGMA USAS COUNTERCLAIMS filed by PLANTIFF Digitech Image Technologies LLC.(Edmonds, John) (Entered: 01/28/2013)

2013-01-28

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NOTICE OF INTENT TO CONSOLIDATE DISCOVERY RE ALL DIGITECH MATTERS PENDING BEFORE THIS COURT AND ORDER THEREON by Judge Otis D. Wright, II. (see document for specifics). (lc). Modified on 1/31/2013 (lc). (Entered: 01/31/2013)

2013-01-31

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JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 days, filed by Plaintiff Digitech Image Technologies LLC.. (Attachments: # 1 Appendix A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Edmonds, John) (Entered: 03/18/2013)

2013-03-18

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MINUTES OF Scheduling Conference held before Judge Otis D. Wright, II. The Digitech Cases are, until further order, coordinated for case-management purposes under Federal Rule of Civil Procedure 42. The parties are hereby ORDERED to file a joint brief addressing their respective positions to the protective order and electronically-stored information orders to be issued in this case. The joint brief shall not exceed 20 pages in length (excluding exhibits) and shall be filed no later than April 15, 2013. In addition, the stipulated protective order filed in the Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No.8:12-cv-01324, ECF No.35(C.D.Cal filed Jan. 1, 2013), is hereby VACATED. That order will be replaced with a forthcoming protective order applicable in all of these cases. The low-number case, Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No8:12-cv-01324-ODW-MRW (C.D.Cal filed Aug. 16, 2012), will serve as the master case file. All orders, pleadings, motions, and other documents will, when filed and docketed in the master case file, be deemed filed and docketed in each individual related case to the extent applicable. Parties shall enter their appearances in the individual cases, and the Clerk is directed to add all parties and attorneys from the individual cases to the master case file such that all counsel appearing in the individual cases will receive notifications for the master case file as well consolidated cases. The Cases Against the Retailer Defendants are hereby Stayed. The Court hereby GRANTS the following retailer Defendants' motions to stay, Digitech Image Tech LLC v. Buy.com, No.8:12-cv-01668, ECF.No.13, Digitech Image Tech.LLC v. BestBuyCo., No.8:12-cv-1669, ECF No.19, Digitech Image Tech. LLC v. B&HFoto & Elec.Corp., No.8:12-cv-1671, ECFNo.18, Digitech Image Tech LLC v. Target Corp., No.8:12-cv-1683, ECF No.16, Digitech Image Tech. LLC v. Micro Elec.Inc., No. 8:12-cv-1686, ECF No.16, Digitech Image Tech. LLC v. Overstock.com, No.8:12-cv-1687, ECF No.16, Digitech Image Tech.LLC v. Newegg Inc., No.8:12-cv-1688, ECF No.23, Digitech Image Tech. LLC v. CDW LLC, No.8:12-cv-1695, ECF No.22. In addition, the retailer Defendants listed above are hereby ORDERED to communicate with Christopher Broderick as soon as practicable, but in no event later than April 5, 2013, to inform him whether each retailer will agree to be bound to this Court's Markman and invalidity rulings once the stay has been lifted in exchange for a stay of this entire litigation pending final resolution of every manufacturer action. Mr. Broderick shall then email the Court's courtroom deputy clerk, Sheila English Defendants. Defendant Sakar's Motion to Transfer Venue in Digitech Image Technologies LLC v. Sakar International Inc., No.8:12-cv-1673, ECF No. 13 (C.D.Cal. filed December 3, 2012) is hereby DENIED without prejudice. Defendants Sakar and Leica Camera Inc. may renew their motions to transfer after the Court issues a Markman order in this matter. Counter-Defendant Acacia Research Corporation's Motion to Dismi9ss filed in Digitech Image Tech, LLC v. Newegg Inc., No.8:12-cv-1688, ECF No. 30, is hereby taken under submission. An order will issue. In addition, the Apri9l 8, 2013 hearing on Defendant Leaf Imaging Ltd.'s Motion to Dismiss filed in Digitech Image LLC v. Mamiya Digital Imagings Co., No. 8:12-cv-1688, ECF No.26, is hereby VACATED and no appearances are necessary. The Motion is taken under submission: an order will issue. Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have not yet filed appearances in the cases (and who therefore have not received a copy through the CM/ECF system). Court Reporter: Katie Thibodeaux. (bp) (Entered: 04/03/2013)

2013-04-01

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REQUEST for Leave to File Motion for Summary Judgment filed by Defendants Sigma Corporation, Sigma Corporation of America. (Broderick, Christopher) (Entered: 06/17/2013)

2013-06-17

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ORDER GRANTING REQUEST FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT 24 by Judge Otis D. Wright, II. Defendants must file their motion and supporting documents by Wednesday, July 3, 2013, noticing a hearing for July 29, 2013, at 1:30 p.m. Plaintiff must file its opposition by Wednesday, July 10, 2013, and Defendants must their reply brief (if desired) by Wednesday, July 17, 2013. The Court does not believe that a full-scale claim construction is necessary at this stage, and the parties are requested to act accordingly. The page limits remain 25 for opening and opposition briefs, and 12 for the reply brief. Additionally, the Court will not alter the current case schedule because of this motion for summary judgment: the case schedule remains undisturbed, including the Markman hearing set for November 11, 2013. (cch) (Entered: 06/26/2013)

2013-06-26

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NOTICE OF MOTION AND MOTION for Summary Judgment as to Invalidity filed by Defendants Sigma Corporation, Sigma Corporation of America. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Memorandum, # 2 Stmnt of Uncontroverted Facts and Conclusions of Law, # 3 Declaration A. Yen, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Proposed Order)(Broderick, Christopher) (Entered: 07/03/2013)

2013-07-03

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OPPOSITION to MOTION for Summary Judgment as to Invalidity 26 filed by Plaintiff Digitech Image Technologies LLC. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2 (part 1), # 5 Exhibit 2 (part 2), # 6 Supplement)(Edmonds, John) (Entered: 07/11/2013)

2013-07-10

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RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Invalidity 26 filed by Defendants Sigma Corporation, Sigma Corporation of America. (Attachments: # 1 RESPONSE TO DIGITECHS STATEMENT OF GENUINE ISSUES OF MATERIAL FACT, # 2 Declaration of Andrew Yen, # 3 Exhibit 1, # 4 Exhibit 2)(Broderick, Christopher) (Entered: 07/17/2013)

2013-07-17

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MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Hearing on MOTION for SummaryJudgment 26 scheduled for July 29, 2013 at 1:30 P.M., is herebyVACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order willissue. (lc) (Entered: 07/19/2013)

2013-07-19

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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT 26 by Judge Otis D. Wright, II . (lc). Modified on 7/31/2013 .(lc). (Entered: 07/31/2013)

2013-07-31

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JUDGMENT by Judge Otis D. Wright, II :In light of the Courts Order Granting Motion for Summary Judgment (Digitech Image Techs., LLC v. Elecs. for Imaging, Inc., No. 8:12-cv-1324-ODW(MRWx) (C.D. Cal. July 31, 2013) (ECF No. 88)) and the parties representations in their August 5, 2013 Joint Status Report (Id. (ECF No. 90)), IT IS HEREBY ORDERED: 1. Plaintiff Digitech Image Technologies, LLC shall take nothing; 2. Judgment for each of the Defendants in this and the related cases. (MD JS-6, Case Terminated). (lc) (Entered: 08/07/2013)

2013-08-06

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REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 judgment) (lc) (Entered: 08/07/2013)

2013-08-07

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NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff Digitech Image Technologies LLC. Appeal of Order on Motion for Summary Judgment 30, Judgment,, 31 (Appeal fee of $455 receipt number 0973-12615732 paid.) (Attachments: # 1 Exhibit Exhibit 1 - Order Granting Summary Judgment, # 2 Exhibit Exhibit 2 - Joint Status Report, # 3 Exhibit Exhibit 3 - Scheduling Conference Minutes)(Edmonds, John) (Entered: 08/28/2013)

2013-08-28

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NOTIFICATION by Circuit Court of Appellate Docket Number 13-1608, Federal Circuit Court of Appeals regarding Notice of Appeal to Federal Circuit Court of Appeals, 33 as to Plaintiff Digitech Image Technologies LLC. (car) (Entered: 09/04/2013)

2013-09-04

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TRANSCRIPT ORDER as to Plaintiff Digitech Image Technologies LLC Court Reporter. Court will contact John J. Edmonds at jedmonds@cepiplaw.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Edmonds, John) (Entered: 09/16/2013)

2013-09-16

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MANDATE of 9th CCA filed re: Notice of Appeal to Federal Circuit Court of Appeals 33 CCA # 13-1608. The decision of the District Court is affirmed. Mandate received in this district on 8/18/14. (mat) (Entered: 08/20/2014)

2014-08-18

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Overview

Parties

Counter Claimant

Sigma Corporation of America

Represented By

Defendant

Sigma Corporation

Represented By

Counter Defendant