Eclipse IP LLC v. Uber Technologies Inc

COMPLAINT against Defendant Uber Technologies Inc. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

2013-09-27

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21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Uber Technologies Inc. (et) (Entered: 10/01/2013)

2013-09-27

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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

2013-09-27

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NOTICE of Related Case(s) filed by Plaintiff Eclipse IP LLC. Related Case(s): 2:13-cv06371 SJO (JCx); 2:13-07038-GW (ASx). (et) (mg). (Entered: 10/01/2013)

2013-09-27

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REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (et) (Entered: 10/01/2013)

2013-09-27

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NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/01/2013)

2013-09-27

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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV13-06371 SJO (JCx). Case transferred from Judge Margaret M. Morrow and Magistrate Judge Frederick F. Mumm to Judge S. James Otero and Magistrate Judge Jacqueline Chooljian for all further proceedings. The case number will now reflect the initials of the transferee Judge CV13-07154 SJO (JCx). Signed by Judge S. James Otero (at) (Entered: 10/02/2013)

2013-10-02

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INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 10/02/2013)

2013-10-02

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NOTICE UNDER SEAL FILING PROCEDURES by Judge S. James Otero. Judge Otero is participating in the Central District of Californias Pilot Project for the Electronic Submission and Filing of Under Seal Documents. The Pilot Project applies to both civil and criminal cases.Parties shall make every effort to limit the number and volume of under seal filings. In most circumstances, parties should seek to file under seal only the specific exhibits or documents for which there is a valid basis for filing under seal.When seeking the Courts approval for an under seal filing, the submitting party shall electronically file an Ex Parte Application to Seal and proposed Order through the Courts CM/ECF System pursuant to Local Rule 5-4. The Ex Parte Application and proposed Order shall not contain the information the party seeks to file under seal. The party seeking permission to file under seal shall submit to the Courts generic chambers e-mail address (sjo_chambers@cacd.uscourts.gov) PDF versions of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application stating the reason for the under seal filing, and the document(s) and/or exhibit(s) the party seeks to file under seal. The party shall also submit a Word or WordPerfect version of the proposed Order to the generic chambers e-mail address.Unless otherwise ordered by the Court, the submitting party shall deliver a Mandatory Chambers Copy of the Ex Parte Application, proposed Order, Declaration in Support of Ex Parte Application, and the document(s) and/or exhibit(s) the party seeks to file under seal to the Courts courtesy copy box located outside chambers no later than 12:00 p.m. on the following business day.The Pilot Project for the Electronic Submission and filing of Under Seal Documents does not apply to in camera submissions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY (Entered: 10/02/2013)

2013-10-02

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MINUTE ORDER IN CHAMBERS by Judge S. James Otero:ORDER COORDINATING CASES AND NOTIFYING PLAINTIFF OF INADEQUACIES IN PLAINTIFF'S COMPLAINTS This order applies to, and shall be filed in the following cases: Eclipse IP LLC v. Flywheel Software, Inc., 2:13-cv-06371-SJO-JC ("Flywheel Case"); Eclipse IP LLC v. Groundlink, LLC, 2:13-cv-07038-SJO-JC ("Groundlink Case"); Eclipse IP LLC v. Lyft, Inc., 2:13-cv-07152-SJO-JC ("Lyft Case"); Eclipse IP LLC v. Ridecharge, Inc., 2:13-cv-07153-SJO-JC ("Ridecharge Case"); Eclipse IP LLC v. Uber Technologies, Inc., 2:13-cv-07154-SJO-JC ("Uber Case"); Eclipse IP LLCv. Side.Cr LLC, 2:13-cv-07155-SJO-JC ("Sidecar Case").The Eclipse Cases are hereby COORDINATED FOR CASE MANAGEMENT PURPOSES.The low-number case, Eclipse IP LLC v. Flywheel Software, Inc., 2:13-cv-06371-SJO-JC, will serve as the master case file. Parties shall enter their appearances in the individual cases. Clerk is directed to add all parties and attorneys from the individual cases to the master case file. Plaintiff may file and serve First Amended Complaints correcting these inefficiencies for all Eclipse Cases on or before October 21, 2013. To maintain claims of indirect and willful infringement,Plaintiff must allege with particularity the facts establishing the defendants' requisite mental state. If Plaintiff fails to do so, the Court will dismiss Plaintiff's claims of indirect and willful infringement without leave to amend. On or before November 11, 2013, Plaintiff shall lodge with the Court a certified copy of the file history for each asserted patent. In addition to the paper copy of the file histories, Plaintiff shall lodge an electronic copy on a CD-ROM, DVD, or USB thumb drive. (lc) (Entered: 10/08/2013)

2013-10-08

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FIRST AMENDED COMPLAINT against Defendant Uber Technologies Inc amending Complaint - (Discovery), 1, filed by Plaintiff Eclipse IP LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration of Matt Olavi In Support of Eclipse IP LLC's First Amended Complaint for Patent Infringement and Exhibit 1 Thereto, # 6 Summons)(Olavi, Matt) (Entered: 10/21/2013)

2013-10-21

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NOTICE OF ERRATA filed by Plaintiff Eclipse IP LLC. correcting Amended Complaint, 11 Eclipse IP LLC's Notice of Errata Regarding The Amended Summons For Its First Amended Complaint for Patent Infringement (Olavi, Matt) (Entered: 10/21/2013)

2013-10-21

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NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Errata 12, Amended Complaint, 11 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Magistrates initials, should be (JCx). 1) summons was attached as exhibit on #11, however correction re summons attempted in #12, under Errata, but efiled as 1 pdf with the errata. Correct event is: SUMMONS REQUEST. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) (Entered: 10/22/2013)

2013-10-22

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Request for Clerk to Issue Summons on Amended Complaint, 11 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 10/25/2013)

2013-10-25

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21 DAY Summons Issued re Amended Complaint, 11 as to defendant Uber Technologies Inc. (lc) (Entered: 10/28/2013)

2013-10-28

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PROOF OF SERVICE Executed by Plaintiff Eclipse IP LLC, upon Defendant Uber Technologies Inc served on 10/29/2013, answer due 11/19/2013. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (First Amended Complaint) (Olavi, Matt) (Entered: 11/11/2013)

2013-11-11

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STIPULATION Extending Time to Answer the complaint as to Uber Technologies Inc answer now due 12/12/2013, filed by Defendant Uber Technologies Inc. (Attachments: # 1 Proposed Order Regarding Stipulation To Extend Time To Answer By Not More Than 30 Days)(Attorney Joseph M Paunovich added to party Uber Technologies Inc(pty:dft))(Paunovich, Joseph) (Entered: 11/11/2013)

2013-11-11

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ORDER granting Stipulation 17 Defendant Uber Technologies, Inc.'s time to respond to the First Amended Complaint is extended to December 12, 2013 by Judge S. James Otero (lc) (Entered: 11/25/2013)

2013-11-25

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ANSWER to Amended Complaint, 11 with JURY DEMAND filed by Defendant Uber Technologies Inc.(Paunovich, Joseph) (Entered: 12/12/2013)

2013-12-12

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FRCP 7.1 Disclosure Statement and Local Rule 7.1-1 Notice of Interested Parties filed by Defendant Uber Technologies Inc, (Paunovich, Joseph) (Entered: 12/12/2013)

2013-12-12

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NOTICE of Appearance filed by attorney Michael William Gray on behalf of Defendant Uber Technologies Inc (Attorney Michael William Gray added to party Uber Technologies Inc(pty:dft))(Gray, Michael) (Entered: 12/12/2013)

2013-12-12

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NOTICE of Appearance filed by attorney John B Quinn on behalf of Defendant Uber Technologies Inc (Attorney John B Quinn added to party Uber Technologies Inc(pty:dft))(Quinn, John) (Entered: 12/16/2013)

2013-12-16

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ORDER SETTING MANDATORY SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 3/3/2014. Scheduling Conference set for 3/17/2014 08:30 AM before Judge S. James Otero. (vcr) (Entered: 01/29/2014)

2014-01-29

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Joint STIPULATION for Protective Order filed by Defendant Uber Technologies Inc. (Attachments: # 1 Exhibit Joint Proposed Stipulated Protective Order)(Gray, Michael) (Entered: 02/10/2014)

2014-02-10

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MINUTE ORDER IN CHAMBERS by Judge S. James Otero: ORDER CANCELING CASE COORDINATIONThis order applies only to the following case: Eclipse IP LLC v. Uber Technologies, Inc., 2:13-cv-07154-SJO-JC ("Uber Case"). Because all cases coordinated with the Uber Case have been dismissed, the Court cancels any remaining coordination between the cases. The Uber case is no longer coordinated with any other cases for case management purposes, and any scheduling order and protective order shall apply to Defendant Uber Technologies, Inc. only. Parties shall file all pleadings, motions, appearances,and other documents only in the Uber Case file. (lc) (Entered: 02/20/2014)

2014-02-20

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PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 24 . See order for details. (hr) (Entered: 03/03/2014)

2014-02-28

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TEXT ENTRY ONLY: Magistrate Judge Jacqueline Chooljian is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judge's Chambers email at JC_chambers@cacd.uscourts.gov. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY (Entered: 03/03/2014)

2014-03-03

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STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) (Entered: 03/03/2014)

2014-03-03

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REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 stipdism) (lc) (Entered: 03/04/2014)

2014-03-04

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Overview

Parties

Defendant

Uber Technologies Inc

Represented By

Plaintiff

Eclipse IP LLC

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Defendant Uber Technologies Inc. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Uber Technologies Inc. (et) (Entered: 10/01/2013)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

NOTICE of Related Case(s) filed by Plaintiff Eclipse IP LLC. Related Case(s): 2:13-cv06371 SJO (JCx); 2:13-07038-GW (ASx). (et) (mg). (Entered: 10/01/2013)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (et) (Entered: 10/01/2013)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/01/2013)

INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 10/02/2013)

NOTICE OF ERRATA filed by Plaintiff Eclipse IP LLC. correcting Amended Complaint, 11 Eclipse IP LLC's Notice of Errata Regarding The Amended Summons For Its First Amended Complaint for Patent Infringement (Olavi, Matt) (Entered: 10/21/2013)

Request for Clerk to Issue Summons on Amended Complaint, 11 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 10/25/2013)

21 DAY Summons Issued re Amended Complaint, 11 as to defendant Uber Technologies Inc. (lc) (Entered: 10/28/2013)

ORDER granting Stipulation 17 Defendant Uber Technologies, Inc.'s time to respond to the First Amended Complaint is extended to December 12, 2013 by Judge S. James Otero (lc) (Entered: 11/25/2013)

ANSWER to Amended Complaint, 11 with JURY DEMAND filed by Defendant Uber Technologies Inc.(Paunovich, Joseph) (Entered: 12/12/2013)

FRCP 7.1 Disclosure Statement and Local Rule 7.1-1 Notice of Interested Parties filed by Defendant Uber Technologies Inc, (Paunovich, Joseph) (Entered: 12/12/2013)

NOTICE of Appearance filed by attorney Michael William Gray on behalf of Defendant Uber Technologies Inc (Attorney Michael William Gray added to party Uber Technologies Inc(pty:dft))(Gray, Michael) (Entered: 12/12/2013)

NOTICE of Appearance filed by attorney John B Quinn on behalf of Defendant Uber Technologies Inc (Attorney John B Quinn added to party Uber Technologies Inc(pty:dft))(Quinn, John) (Entered: 12/16/2013)

ORDER SETTING MANDATORY SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 3/3/2014. Scheduling Conference set for 3/17/2014 08:30 AM before Judge S. James Otero. (vcr) (Entered: 01/29/2014)

Joint STIPULATION for Protective Order filed by Defendant Uber Technologies Inc. (Attachments: # 1 Exhibit Joint Proposed Stipulated Protective Order)(Gray, Michael) (Entered: 02/10/2014)

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 24 . See order for details. (hr) (Entered: 03/03/2014)

STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) (Entered: 03/03/2014)

REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 stipdism) (lc) (Entered: 03/04/2014)

Eclipse IP LLC v. Uber Technologies Inc

Overview

Parties

Defendant

Uber Technologies Inc Follow

Represented By

Plaintiff

Eclipse IP LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Defendant Uber Technologies Inc. Case assigned to Judge Margaret M. Morrow for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendant Uber Technologies Inc. (et) (Entered: 10/01/2013)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Eclipse IP LLC. (et) (mg). (Entered: 10/01/2013)

NOTICE of Related Case(s) filed by Plaintiff Eclipse IP LLC. Related Case(s): 2:13-cv06371 SJO (JCx); 2:13-07038-GW (ASx). (et) (mg). (Entered: 10/01/2013)

REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Eclipse IP LLC. (et) (Entered: 10/01/2013)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/01/2013)

INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr) (Entered: 10/02/2013)

NOTICE OF ERRATA filed by Plaintiff Eclipse IP LLC. correcting Amended Complaint, 11 Eclipse IP LLC's Notice of Errata Regarding The Amended Summons For Its First Amended Complaint for Patent Infringement (Olavi, Matt) (Entered: 10/21/2013)

Request for Clerk to Issue Summons on Amended Complaint, 11 filed by Plaintiff Eclipse IP LLC. (Olavi, Matt) (Entered: 10/25/2013)

21 DAY Summons Issued re Amended Complaint, 11 as to defendant Uber Technologies Inc. (lc) (Entered: 10/28/2013)

ORDER granting Stipulation 17 Defendant Uber Technologies, Inc.'s time to respond to the First Amended Complaint is extended to December 12, 2013 by Judge S. James Otero (lc) (Entered: 11/25/2013)

ANSWER to Amended Complaint, 11 with JURY DEMAND filed by Defendant Uber Technologies Inc.(Paunovich, Joseph) (Entered: 12/12/2013)

FRCP 7.1 Disclosure Statement and Local Rule 7.1-1 Notice of Interested Parties filed by Defendant Uber Technologies Inc, (Paunovich, Joseph) (Entered: 12/12/2013)

NOTICE of Appearance filed by attorney Michael William Gray on behalf of Defendant Uber Technologies Inc (Attorney Michael William Gray added to party Uber Technologies Inc(pty:dft))(Gray, Michael) (Entered: 12/12/2013)

NOTICE of Appearance filed by attorney John B Quinn on behalf of Defendant Uber Technologies Inc (Attorney John B Quinn added to party Uber Technologies Inc(pty:dft))(Quinn, John) (Entered: 12/16/2013)

ORDER SETTING MANDATORY SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 3/3/2014. Scheduling Conference set for 3/17/2014 08:30 AM before Judge S. James Otero. (vcr) (Entered: 01/29/2014)

Joint STIPULATION for Protective Order filed by Defendant Uber Technologies Inc. (Attachments: # 1 Exhibit Joint Proposed Stipulated Protective Order)(Gray, Michael) (Entered: 02/10/2014)

PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order 24 . See order for details. (hr) (Entered: 03/03/2014)

STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Plaintiff Eclipse IP LLC.(Olavi, Matt) (Entered: 03/03/2014)

REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 stipdism) (lc) (Entered: 03/04/2014)

Track Case Updates

Uber Technologies Inc

Eclipse IP LLC