Enhanced Audio Systems, LLC v. Toshiba Corporation

Application Number	Patent Number	External Links
-	US6374148	Espacenet Google Patents

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Toshiba America Information Systems, Inc., Toshiba America, Inc., Toshiba Corporation - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2056437.) - filed by Enhanced Audio Systems, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(ceg) (Entered: 12/30/2016)

2016-12-30

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) (Entered: 12/30/2016)

2016-12-30

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,374,148 B1. (ceg) (Entered: 12/30/2016)

2016-12-30

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 12/30/2016)

2016-12-30

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Summons Issued

2016-12-30

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Summons Issued with Magistrate Consent Notice attached as to Toshiba America Information Systems, Inc. on 12/30/2016; Toshiba America, Inc. on 12/30/2016; Toshiba Corporation on 12/30/2016. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (ceg)

2016-12-30

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Case Assigned/Reassigned

2017-01-04

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Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)

2017-01-04

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SUMMONS Returned Executed by Enhanced Audio Systems, LLC. Toshiba America, Inc. served on 1/4/2017, answer due 1/25/2017. (Devlin, Timothy) (Entered: 01/05/2017)

2017-01-05

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SUMMONS Returned Executed by Enhanced Audio Systems, LLC. Toshiba America Information Systems, Inc. served on 1/4/2017, answer due 1/25/2017. (Devlin, Timothy) (Entered: 01/05/2017)

2017-01-05

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NOTICE of Voluntary Dismissal by Enhanced Audio Systems, LLC as to Defendant Toshiba America, Inc. (Devlin, Timothy) (Entered: 01/19/2017)

2017-01-19

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WAIVER OF SERVICE returned executed by Enhanced Audio Systems, LLC: For Toshiba Corporation waiver sent on 1/19/2017, answer due 4/19/2017. (Devlin, Timothy) (Entered: 01/23/2017)

2017-01-23

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STIPULATION TO EXTEND TIME to Answer the Complaint to April 19, 2017 - filed by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 01/23/2017)

2017-01-23

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~Util - Set/Reset Answer Deadline AND SO ORDERED

2017-01-24

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SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Answer the Complaint to April 19, 2017 filed by Enhanced Audio Systems, LLC, Set/Reset Answer Deadlines: Toshiba Corporation, Toshiba America Information Systems, Inc. answer due 4/19/2017. Signed by Judge Sue L. Robinson on 1/24/2017. (nmfn)

2017-01-24

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MOTION for Pro Hac Vice Appearance of Attorney Douglas F. Stewart, David J. Ball, Jared D. Schuettenhelm and Patrick J. Connolly - filed by Toshiba America Information Systems, Inc., Toshiba America, Inc., Toshiba Corporation. (Mowery, Katharine) (Entered: 01/30/2017)

2017-01-30

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SO ORDERED

2017-01-31

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Add Attorneys - PHV only

2017-01-31

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Add Attorneys - PHV only

2017-01-31

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Pro Hac Vice Attorney Jared D. Schuettenhelm for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

2017-01-31

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Pro Hac Vice Attorney Patrick J. Connolly for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

2017-01-31

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SO ORDERED, re 10 MOTION for Pro Hac Vice Appearance of Attorney Douglas F. Stewart, David J. Ball, Jared D. Schuettenhelm and Patrick J. Connolly filed by Toshiba America, Inc., Toshiba Corporation, Toshiba America Information Systems, Inc. Signed by Judge Sue L. Robinson on 1/31/2017. (fms)

2017-01-31

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Add Attorneys - PHV only

2017-02-01

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Pro Hac Vice Attorney David Ball for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

2017-02-01

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Add Attorneys - PHV only

2017-02-02

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Pro Hac Vice Attorney Douglas F. Stewart for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

2017-02-02

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ANSWER to 1 Complaint, with Jury Demand by Toshiba America Information Systems, Inc..(Mowery, Katharine) (Entered: 04/19/2017)

2017-04-19

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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Toshiba America Inc. for Toshiba America Information Systems, Inc. filed by Toshiba America Information Systems, Inc.. (Mowery, Katharine) (Entered: 04/19/2017)

2017-04-19

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ANSWER to 1 Complaint, with Jury Demand by Toshiba Corporation.(Mowery, Katharine) (Entered: 04/19/2017)

2017-04-19

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Toshiba Corporation. (Mowery, Katharine) (Entered: 04/19/2017)

2017-04-19

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ORDER, IT IS ORDERED that, on or before Friday, May 5, 2017, counsel for plaintiff shall inform the court as to whether the need for coordinated discovery and/or Markman proceedings is anticipated as to the above cases and, if so, when a joint scheduling conference might most efficiently be conducted. ORDER, Setting Deadlines: ( Notice of Compliance deadline set for 5/5/2017.). Signed by Judge Sue L. Robinson on 4/20/2017. Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00006-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(nmfn) (Entered: 04/21/2017)

2017-04-21

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NOTICE of Appearance by Frederick L. Cottrell, III on behalf of Toshiba America Information Systems, Inc., Toshiba Corporation (Cottrell, Frederick) (Entered: 04/21/2017)

2017-04-21

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Letter to Honorable Sue Robinson from Timothy Devlin regarding Coordination of Cases for Discovery and Date for Joint Scheduling Conference. (Devlin, Timothy) (Entered: 05/05/2017)

2017-05-05

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Order Setting In-Person Patent Scheduling Conference: A Scheduling Conference is set for 6/26/2017 at 02:00 PM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 5/5/2017. Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00006-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(nmfn) (Entered: 05/08/2017)

2017-05-08

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Joint PROPOSED ORDER Patent Case Scheduling Order by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 06/23/2017)

2017-06-23

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NOTICE OF SERVICE of Defendant's Initial Disclosures filed by Toshiba America Information Systems, Inc., Toshiba Corporation.(Mowery, Katharine) (Entered: 06/23/2017)

2017-06-23

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NOTICE OF SERVICE of Plaintiff Enhanced Audio Systems, LLC's Rule 26(A)(1) Initial Disclosures filed by Enhanced Audio Systems, LLC.(Devlin, Timothy) (Entered: 06/23/2017)

2017-06-23

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Set/Reset Hearings

2017-06-26

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Reset Hearings: The In-Person Scheduling Conference set for 6/26/2017 is now scheduled as a Telephone Conference on 6/26/2017 at 02:00 PM before Judge Sue L. Robinson Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(fms)

2017-06-26

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Minute Entry for proceedings held before Judge Sue L. Robinson - Telephonic Scheduling Conference held on 6/26/2017. (Court Reporter V. Gunning.) Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(nmfn)

2017-06-26

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Joint PROPOSED ORDER Revised Patent Case Scheduling Order by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 06/27/2017)

2017-06-27

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SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Case referred to the Magistrate Judge for discovery and all motions to dismiss, amend, transfer and any discovery motions permitted by the Magistrate Judge. Joinder of Parties due by 3/15/2018. Amended Pleadings due by 3/15/2018. Fact Discovery completed by 7/19/2018. Expert Discovery due by 2/28/2019. A Telephonic Status Conference is set for 9/27/2018 at 04:30 PM before Judge Sue L. Robinson Dispositive Motions due by 4/11/2019. An Oral Argument is set for 6/28/2019 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Claim Construction Opening Brief due by 2/15/2018. Claim Construction Answering Brief due by 3/15/2018. Claim Construction Reply Brief due by 4/12/2018. Claim Construction Surreply Brief due by 5/10/2018. A Markman Hearing is set for 6/15/2018 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. An In-Person Status Conference re: Expert Discovery is set for 2/13/2019 at 04:30 PM in Courtroom 4B before Judge Sue L. Robinson. A Final Pretrial Conference is set for 8/27/2019 at 04:00 PM in Courtroom 4B before Judge Sue L. Robinson. A Jury Trial is set for 9/16/2019 at 09:00 AM in Courtroom 4B before Judge Sue L. Robinson. Signed by Judge Sue L. Robinson on 6/28/2017. Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(nmfn) (Entered: 06/28/2017)

2017-06-28

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Scheduling Conference

2017-06-28

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NOTICE of OF SERVICE of Plaintiff's Default Standard Disclosures and File History by Enhanced Audio Systems, LLC (Devlin, Timothy) (Entered: 07/27/2017)

2017-07-27

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Case Reassigned to Judge Joseph F. Bataillon of the District of Nebraska (in lieu of Vacant Judgeship). Please include the initials of the Judge (JFB) after the case number on all documents filed. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00006-JFB, 1:17-cv-00007-JFB-SRF, 1:17-cv-00008-JFB-SRF (rjb)

2017-08-01

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Case Assigned (in lieu of Vacant Judgeship)

2017-08-01

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ORDER- A Discovery Hearing is set for 10/16/2017 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 8/4/2017. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00007-JFB-SRF, 1:17-cv-00008-JFB-SRF(lih) (Entered: 08/04/2017)

2017-08-04

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ORAL ORDER - Pursuant to the filing of this case, the Court issues the following order: This case shall be immediately referred to Magistrate Judge Sherry R. Fallon. Magistrate Judge Fallon shall issue a scheduling order when appropriate. Magistrate Judge Fallon shall handle all dispositive and nondispositive matters on all issues, including claim construction, except for summary judgments, Daubert motions and pretrial motions in limine. On all dispositive matters, the magistrate judge shall issue a report and recommendation. The parties have the right to file objections to the report and recommendation, or in the case of nondispositive matters, file an appeal of the magistrate judge's order, and the same shall be decided by the undersigned. The magistrate judge shall likewise handle all discovery matters, scheduling, and pretrial conferences. If the parties believe the magistrate judge has a conflict of interest with this case, the parties shall so notify the Court. IT IS SO ORDERED. Signed by Judge Joseph F. Bataillon on 8/9/2017. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00006-JFB, 1:17-cv-00007-JFB-SRF, 1:17-cv-00008-JFB-SRF (Brunswick, Amy) (Entered: 08/09/2017)

2017-08-09

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Oral Order

2017-08-09

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STIPULATION of Dismissal with Prejudice by Enhanced Audio Systems, LLC. (Devlin, Timothy) Modified on 9/15/2017 (lih). (Entered: 09/15/2017)

2017-09-15

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ORDER OF DISMISSAL re 27 Stipulation of Dismissal filed by all parties. All claims against Defendants Toshiba Corporation and Toshiba America Information Systems, Inc. in the above-captioned action are hereby dismissed with prejudice, by agreement of the parties, pursuant to Fed. R. Civ. P. 41(a)(1), with each party to bear its own costs, expenses and attorneys' fees. It is further ordered that pursuant to the joint stipulation of dismissal, the January 19, 2017, voluntary dismissal of Toshiba America Inc., Filing No. 7, is hereby converted from a dismissal without prejudice to a dismissal with prejudice pursuant to Fed. R. Civ. P. 41(a)(1). ***Civil Case Terminated. Signed by Judge Joseph F. Bataillon on 9/18/2017. (fms) (Entered: 09/18/2017)

2017-09-18

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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,374,148 B1. (Attachments: # 1 Order of Dismissal)(fms) (Entered: 09/18/2017)

2017-09-18

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1 - Terminate Hearings AND Oral Order

2017-09-18

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ORAL ORDER- IT IS HEREBY ORDERED that: the discovery review hearing set in this matter for 10/16/2017 is CANCELLED. Ordered by Judge Sherry R. Fallon on 9/17/2017. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00007-JFB-SRF(lih)

2017-09-18

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Overview

Parties

Defendant

Toshiba America Information Systems, Inc. Follow

Represented By

Toshiba America, Inc. Follow

Represented By

Toshiba Corporation Follow

Represented By

Plaintiff

Enhanced Audio Systems, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (ceg) (Entered: 12/30/2016)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,374,148 B1. (ceg) (Entered: 12/30/2016)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 12/30/2016)

Summons Issued

Case Assigned/Reassigned

Case Assigned to Judge Sue L. Robinson. Please include the initials of the Judge (SLR) after the case number on all documents filed. (rjb)

SUMMONS Returned Executed by Enhanced Audio Systems, LLC. Toshiba America, Inc. served on 1/4/2017, answer due 1/25/2017. (Devlin, Timothy) (Entered: 01/05/2017)

SUMMONS Returned Executed by Enhanced Audio Systems, LLC. Toshiba America Information Systems, Inc. served on 1/4/2017, answer due 1/25/2017. (Devlin, Timothy) (Entered: 01/05/2017)

NOTICE of Voluntary Dismissal by Enhanced Audio Systems, LLC as to Defendant Toshiba America, Inc. (Devlin, Timothy) (Entered: 01/19/2017)

WAIVER OF SERVICE returned executed by Enhanced Audio Systems, LLC: For Toshiba Corporation waiver sent on 1/19/2017, answer due 4/19/2017. (Devlin, Timothy) (Entered: 01/23/2017)

STIPULATION TO EXTEND TIME to Answer the Complaint to April 19, 2017 - filed by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 01/23/2017)

~Util - Set/Reset Answer Deadline AND SO ORDERED

SO ORDERED, re 9 STIPULATION TO EXTEND TIME to Answer the Complaint to April 19, 2017 filed by Enhanced Audio Systems, LLC, Set/Reset Answer Deadlines: Toshiba Corporation, Toshiba America Information Systems, Inc. answer due 4/19/2017. Signed by Judge Sue L. Robinson on 1/24/2017. (nmfn)

MOTION for Pro Hac Vice Appearance of Attorney Douglas F. Stewart, David J. Ball, Jared D. Schuettenhelm and Patrick J. Connolly - filed by Toshiba America Information Systems, Inc., Toshiba America, Inc., Toshiba Corporation. (Mowery, Katharine) (Entered: 01/30/2017)

SO ORDERED

Add Attorneys - PHV only

Add Attorneys - PHV only

Pro Hac Vice Attorney Jared D. Schuettenhelm for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

Pro Hac Vice Attorney Patrick J. Connolly for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)

SO ORDERED, re 10 MOTION for Pro Hac Vice Appearance of Attorney Douglas F. Stewart, David J. Ball, Jared D. Schuettenhelm and Patrick J. Connolly filed by Toshiba America, Inc., Toshiba Corporation, Toshiba America Information Systems, Inc. Signed by Judge Sue L. Robinson on 1/31/2017. (fms)

Add Attorneys - PHV only

Pro Hac Vice Attorney David Ball for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

Add Attorneys - PHV only

Pro Hac Vice Attorney Douglas F. Stewart for Toshiba Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)

ANSWER to 1 Complaint, with Jury Demand by Toshiba America Information Systems, Inc..(Mowery, Katharine) (Entered: 04/19/2017)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Toshiba America Inc. for Toshiba America Information Systems, Inc. filed by Toshiba America Information Systems, Inc.. (Mowery, Katharine) (Entered: 04/19/2017)

ANSWER to 1 Complaint, with Jury Demand by Toshiba Corporation.(Mowery, Katharine) (Entered: 04/19/2017)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Toshiba Corporation. (Mowery, Katharine) (Entered: 04/19/2017)

NOTICE of Appearance by Frederick L. Cottrell, III on behalf of Toshiba America Information Systems, Inc., Toshiba Corporation (Cottrell, Frederick) (Entered: 04/21/2017)

Letter to Honorable Sue Robinson from Timothy Devlin regarding Coordination of Cases for Discovery and Date for Joint Scheduling Conference. (Devlin, Timothy) (Entered: 05/05/2017)

Joint PROPOSED ORDER Patent Case Scheduling Order by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 06/23/2017)

NOTICE OF SERVICE of Defendant's Initial Disclosures filed by Toshiba America Information Systems, Inc., Toshiba Corporation.(Mowery, Katharine) (Entered: 06/23/2017)

NOTICE OF SERVICE of Plaintiff Enhanced Audio Systems, LLC's Rule 26(A)(1) Initial Disclosures filed by Enhanced Audio Systems, LLC.(Devlin, Timothy) (Entered: 06/23/2017)

Set/Reset Hearings

Reset Hearings: The In-Person Scheduling Conference set for 6/26/2017 is now scheduled as a Telephone Conference on 6/26/2017 at 02:00 PM before Judge Sue L. Robinson Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(fms)

Minute Entry for proceedings held before Judge Sue L. Robinson - Telephonic Scheduling Conference held on 6/26/2017. (Court Reporter V. Gunning.) Associated Cases: 1:16-cv-01329-SLR, 1:17-cv-00007-SLR, 1:17-cv-00008-SLR(nmfn)

Joint PROPOSED ORDER Revised Patent Case Scheduling Order by Enhanced Audio Systems, LLC. (Devlin, Timothy) (Entered: 06/27/2017)

Scheduling Conference

NOTICE of OF SERVICE of Plaintiff's Default Standard Disclosures and File History by Enhanced Audio Systems, LLC (Devlin, Timothy) (Entered: 07/27/2017)

Case Assigned (in lieu of Vacant Judgeship)

ORDER- A Discovery Hearing is set for 10/16/2017 at 03:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Signed by Judge Sherry R. Fallon on 8/4/2017. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00007-JFB-SRF, 1:17-cv-00008-JFB-SRF(lih) (Entered: 08/04/2017)

Oral Order

STIPULATION of Dismissal with Prejudice by Enhanced Audio Systems, LLC. (Devlin, Timothy) Modified on 9/15/2017 (lih). (Entered: 09/15/2017)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,374,148 B1. (Attachments: # 1 Order of Dismissal)(fms) (Entered: 09/18/2017)

1 - Terminate Hearings AND Oral Order

ORAL ORDER- IT IS HEREBY ORDERED that: the discovery review hearing set in this matter for 10/16/2017 is CANCELLED. Ordered by Judge Sherry R. Fallon on 9/17/2017. Associated Cases: 1:16-cv-01329-JFB-SRF, 1:17-cv-00007-JFB-SRF(lih)

Track Case Updates

Toshiba America Information Systems, Inc.

Toshiba America, Inc.

Toshiba Corporation

Enhanced Audio Systems, LLC