Evolutionary Intelligence, LLC v. Twitter, Inc.

6:12-cv-00792

Overview

Case Number 6:12-cv-00792

Filing Date 2012-10-17

Status Terminated

Termination Date 2013-09-10

Court District Court, E.D. Texas (txed)

Presiding Judge Michael H. Schneider

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Mass Relevance, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Dataminr, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Crimson Hexagon, Inc.

Represented By

0 Attorneys Listed

No attorneys available

Miscellaneous

Twitter, Inc.

Represented By

3 Attorneys Listed

Robert Davis Tadlock

Kilpatrick Townsend & Stockton LLP - Menlo Park

Tel: +1 (415) 576-0200

Fax: +1 (415) 576-0300

1080 Marsh Road, Menlo Park, CA 94025

Anne Marie Rogaski

Kilpatrick Townsend & Stockton LLP - Menlo Park

Tel: +1 (650) 326-2400

Fax: +1 (650) 326-2422

1080 Marsh Road, Menlo Park, CA 94025

Michael E Jones

Potter Minton, a Professional Corporation

Tel: +1 (903) 597-8311

Fax: +1 (903) 593-0846

Potter Minton, a Professional Corporation, 110 N College Avenue

Counter Defendant

Evolutionary Intelligence, LLC

Represented By

6 Attorneys Listed

Robert Christopher Bunt

Parker, Bunt & Ainsworth, P.C.

Tel: +1 (903) 531-3535

Fax: +1 (903) 533-9687

100 East Ferguson, Ste. 1114, Tyler, TX 75702

Todd M Kennedy

Gutride Safier LLP

Tel: +1 (415) 789-6390

Fax: +1 (415) 449-6469

835 Douglass Street, San Francisco, CA 94114

Marie Ann McCrary

Gutride Safier LLP

Tel: +1 (415) 529-4995

Fax: +1 (415) 449-6469

100 Pine Street, Suite 1250

Charles Ainsworth

Parker Bunt & Ainsworth

Tel: +1 (903) 531-3535

Fax: +1 (903) 533-9687

Parker Bunt & Ainsworth, 100 E Ferguson

Anthony Jude Patek

Gutride Safier LLP

Tel: +1 (415) 639-9090

Fax: +1 (415) 449-6469

835 Douglass Street, San Francisco, CA 94114

Seth A Safier

Gutride Safier LLP

Tel: +1 (415) 336-6545

Fax: +1 (415) 449-6469

835 Douglass Street, San Francisco, CA 94114

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Michael H. Schneider

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT for Patent Infringement against Twitter, Inc. ( Filing fee $ 350 receipt number 0540-3833988.), filed by Evolutionary Intelligence, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A '536 Patent, # 3 Exhibit B '682 Patent)(Ainsworth, Charles) (Entered: 10/17/2012)

2012-10-17

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 10/17/2012)

2012-10-17

View

CORPORATE DISCLOSURE STATEMENT filed by Evolutionary Intelligence, LLC (Ainsworth, Charles) (Entered: 10/17/2012)

2012-10-17

View

Judge Leonard Davis added. (mll, )

2012-10-17

No Actions

Evolutionary Intelligence, LLC v. Twitter, Inc.

Overview

Parties

Defendant

Mass Relevance, Inc. Follow

Represented By

Dataminr, Inc. Follow

Represented By

Crimson Hexagon, Inc. Follow

Represented By

Miscellaneous

Twitter, Inc. Follow

Represented By

Counter Defendant

Evolutionary Intelligence, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against Twitter, Inc. ( Filing fee $ 350 receipt number 0540-3833988.), filed by Evolutionary Intelligence, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A '536 Patent, # 3 Exhibit B '682 Patent)(Ainsworth, Charles) (Entered: 10/17/2012)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Ainsworth, Charles) (Entered: 10/17/2012)

CORPORATE DISCLOSURE STATEMENT filed by Evolutionary Intelligence, LLC (Ainsworth, Charles) (Entered: 10/17/2012)

Judge Leonard Davis added. (mll, )

SUMMONS Issued as to Twitter, Inc. and emailed to pltf for service. (klb) (Entered: 10/18/2012)

NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Evolutionary Intelligence, LLC (Bunt, Robert) (Entered: 10/24/2012)

Return of Service Executed as to Twitter, Inc. on 10/23/2012, by personal service; answer due: 11/13/2012. (mll, ) (Entered: 11/05/2012)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Twitter, Inc..( Jones, Michael) (Entered: 11/13/2012)

NOTICE of Attorney Appearance by Robert Davis Tadlock on behalf of Twitter, Inc. (Tadlock, Robert) (Entered: 11/16/2012)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint 7 is granted pursuant to Local Rule CV-12 for Twitter, Inc. to 12/13/2012. 30 Days Granted for Deadline Extension.( mll, )

NOTICE of Attorney Appearance by Seth A Safier on behalf of Evolutionary Intelligence, LLC (Safier, Seth) (Entered: 12/10/2012)

MOTION to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6) by Twitter, Inc.. (Attachments: # 1 Affidavit Conner Decl. ISO Twitter's Motion to Dismiss, # 2 Text of Proposed Order)(Tadlock, Robert) (Entered: 12/13/2012)

NOTICE of Attorney Appearance by Anthony Jude Patek on behalf of Evolutionary Intelligence, LLC (Patek, Anthony) (Entered: 12/17/2012)

NOTICE by Evolutionary Intelligence, LLC NOTICE CASE IS READY FOR SCHEDULING CONFERENCE (Ainsworth, Charles) (Entered: 12/20/2012)

MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) by Twitter, Inc.. (Attachments: # 1 Affidavit Axelsen Decl. ISO Motion to Transfer, # 2 Affidavit Connor Decl. ISO Motion to Transfer, # 3 Exhibit Exs. A-T to Connor Decl., # 4 Text of Proposed Order)(Tadlock, Robert) (Entered: 12/21/2012)

CORPORATE DISCLOSURE STATEMENT filed by Twitter, Inc. (Tadlock, Robert) (Entered: 12/21/2012)

Unopposed MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6) by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) (Entered: 01/02/2013)

ORDER granting 15 Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6); Responses due by 1/21/2013. Signed by Judge Leonard Davis on 01/03/13. cc:attys 1-04-13 (mll, ) (Entered: 01/04/2013)

NOTICE of Attorney Appearance by Todd M Kennedy on behalf of Evolutionary Intelligence, LLC (Kennedy, Todd) (Entered: 01/04/2013)

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Kennedy, Todd) (Entered: 01/07/2013)

NOTICE of Attorney Appearance by Anne Marie Rogaski on behalf of Twitter, Inc. (Rogaski, Anne) (Entered: 01/09/2013)

ORDER granting 18 Motion for Extension of Time to File Response/Reply re 13 MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a); Responses due by 1/21/2013. Signed by Judge Leonard Davis on 01/10/13. cc:attys 1-10-13 (mll, ) (Entered: 01/10/2013)

Order reassigning this case to United States District Judge Michael H. Schneider per General Order 13-3. Please see Appendix D: Addendum Regarding Cases Assigned to Judge Schneider. Judge Leonard Davis no longer assigned to the case. (tlh, ) (Entered: 01/15/2013)

MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER by Twitter, Inc.. (Attachments: # 1 Affidavit Tadlock Decl. ISO Twitter's Motion to Stay, # 2 Exhibit A to Tadlock Decl., # 3 Text of Proposed Order)(Tadlock, Robert) (Entered: 01/17/2013)

RESPONSE in Opposition re 10 MOTION to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6) filed by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Kennedy, Todd) (Entered: 01/22/2013)

REPLY to Response to Motion re 10 MOTION to Dismiss for Failure to State a Claim Under Federal Rule of Civil Procedure 12(b)(6) filed by Twitter, Inc.. (Tadlock, Robert) (Entered: 02/01/2013)

RESPONSE in Opposition re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Kennedy, Todd) (Entered: 02/04/2013)

ORDER REFERRING CASE to Magistrate Judge Caroline Craven for all pretrial proceedings. Signed by Judge Michael H. Schneider on 02/06/13. cc:attys 2-07-13(mll, ) (Entered: 02/07/2013)

***FILED IN ERROR. SEE ENTRY 31 FOR CORRECTED FILING.*** RESPONSE in Support re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Twitter, Inc.. (Tadlock, Robert) Modified on 2/15/2013 (gsg). (Entered: 02/14/2013)

RESPONSE in Support re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Twitter, Inc.. (Tadlock, Robert) (Entered: 02/14/2013)

***DUPLICATE ENTRY. DISREGARD.*** REPLY to Response to Motion re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Twitter, Inc.. (Tadlock, Robert) Modified on 2/15/2013 (gsg). (Entered: 02/15/2013)

Opposed MOTION to Amend/Correct 1 Complaint, by Evolutionary Intelligence, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Kennedy, Todd) (Entered: 03/25/2013)

***WITHDRAWN PER ORDER #62 DENYING MOTION FOR LEAVE***AMENDED COMPLAINT against Twitter, Inc., Crimson Hexagon, Inc., Dataminr, Inc., Mass Relevance, Inc., filed by Evolutionary Intelligence, LLC.(Kennedy, Todd) Modified on 9/10/2013 (sm, ). (Entered: 03/25/2013)

RESPONSE to Motion re 35 Opposed MOTION to Amend/Correct 1 Complaint, filed by Twitter, Inc.. (Attachments: # 1 Affidavit Tadlock Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Tadlock, Robert) (Entered: 04/11/2013)

Additional Attachments to Main Document (Certificate of service): 37 Response to Motion,.. (Tadlock, Robert) Modified on 4/12/2013 (sm, ). (Entered: 04/12/2013)

REPLY to Response to Motion re 35 Opposed MOTION to Amend/Correct 1 Complaint, filed by Evolutionary Intelligence, LLC. (Kennedy, Todd) (Entered: 04/22/2013)

Unopposed MOTION for Leave to File Excess Pages by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Kennedy, Todd) (Entered: 04/22/2013)

ORDER granting 40 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Caroline Craven on 4/23/13. (bas, ) (Entered: 04/23/2013)

NOTICE by Evolutionary Intelligence, LLC of Readiness for Scheduling Conference (Kennedy, Todd) (Entered: 04/26/2013)

ORDER TO MEET, REPORT AND APPEAR AT SCHEDULING CONFERENCE, ( Scheduling Conference set for 6/5/2013 10:00 AM in (Tyler) before Magistrate Judge Caroline Craven.). Signed by Magistrate Judge Caroline Craven on 4/29/2013. (sm, ) (Entered: 04/29/2013)

ORDER regarding issues to be discussed at scheduling conference. Signed by Magistrate Judge Caroline Craven on 4/29/13. (bas, ) (Entered: 04/29/2013)

SUR-REPLY to Reply to Response to Motion re 35 Opposed MOTION to Amend/Correct 1 Complaint, filed by Twitter, Inc.. (Tadlock, Robert) (Entered: 05/02/2013)

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) by Twitter, Inc.. (Attachments: # 1 Text of Proposed Order)(Tadlock, Robert) (Entered: 05/02/2013)

ORDER granting 47 Motion for Extension of Time to File Response/Reply re 13 MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) Replies due by 5/15/2013.. Signed by Magistrate Judge Caroline Craven on 5/3/2013. (sm, ) (Entered: 05/03/2013)

CORPORATE DISCLOSURE STATEMENT filed by Twitter, Inc. (Tadlock, Robert) (Entered: 05/13/2013)

NOTICE by Evolutionary Intelligence, LLC CERTIFICATE OF INTERESTED PARTIES (Patek, Anthony) (Entered: 05/14/2013)

Unopposed MOTION to Seal Document UNOPPOSED MOTION TO SEAL EX. 2 TO DECLARATION OF ROBERT D. TADLOCK ISO REPLY RE MOTION TO TRANSFER by Twitter, Inc.. (Attachments: # 1 Text of Proposed Order)(Tadlock, Robert) (Entered: 05/15/2013)

Unopposed MOTION for Leave to File Excess Pages by Twitter, Inc.. (Attachments: # 1 Text of Proposed Order)(Tadlock, Robert) (Entered: 05/15/2013)

REPLY to Response to Motion re 13 MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) MOTION TRANSFER UNDER 28 U.S.C. SECTION 1404(a) filed by Twitter, Inc.. (Tadlock, Robert) (Entered: 05/15/2013)

SEALED ADDITIONAL ATTACHMENTS to Main Document: 53 Reply to Response to Motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tadlock, Robert) (Entered: 05/15/2013)

ORDER granting 51 Motion to Seal Document. Signed by Magistrate Judge Caroline Craven on 5/16/13. (bas, ) (Entered: 05/16/2013)

ORDER granting 52 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Caroline Craven on 5/16/13. (bas, ) (Entered: 05/16/2013)

NOTICE of Attorney Appearance by Marie Ann McCrary on behalf of Evolutionary Intelligence, LLC (McCrary, Marie) (Entered: 05/17/2013)

REPORT of Rule 26(f) Planning Meeting. (Safier, Seth) (Entered: 05/22/2013)

NOTICE by Evolutionary Intelligence, LLC of Disclosure of Asserted Claims and Infringement Contentions P.R. 3-1 and 3-2 (Ainsworth, Charles) (Entered: 05/23/2013)

Unopposed MOTION for Leave to File Excess Pages by Evolutionary Intelligence, LLC. (Attachments: # 1 Text of Proposed Order)(Kennedy, Todd) (Entered: 05/28/2013)

ORDER denying 35 Motion to Amend. Signed by Magistrate Judge Caroline Craven on 5/28/13. (bas, ) (Entered: 05/28/2013)

ORDER granting 61 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Caroline Craven on 5/29/13. (bas, ) (Entered: 05/29/2013)

Minute Entry for proceedings held before Magistrate Judge Caroline Craven: Scheduling Conference held on 6/5/2013. (Court Reporter Jill McFadden.) (lfs, ) (Entered: 06/05/2013)

MOTION PRACTICE ORDER. Signed by Magistrate Judge Caroline Craven on 6/5/2013. (sm, ) (Entered: 06/05/2013)

SCHEDULING AND DISCOVERY ORDER:Markman Hearing set for 4/22/2013 10:00 AM in (Tyler) before Magistrate Judge Caroline Craven.. Signed by Magistrate Judge Caroline Craven on 6/5/2013. (sm, ) (Entered: 06/05/2013)

Mass Relevance, Inc.

Dataminr, Inc.

Crimson Hexagon, Inc.

Twitter, Inc.

Evolutionary Intelligence, LLC

FILED IN ERROR. SEE ENTRY 31 FOR CORRECTED FILING. RESPONSE in Support re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Twitter, Inc.. (Tadlock, Robert) Modified on 2/15/2013 (gsg). (Entered: 02/14/2013)

DUPLICATE ENTRY. DISREGARD. REPLY to Response to Motion re 22 MOTION to Stay PROCEEDINGS PENDING RESOLUTION OF TWITTER'S MOTION TO TRANSFER filed by Twitter, Inc.. (Tadlock, Robert) Modified on 2/15/2013 (gsg). (Entered: 02/15/2013)

WITHDRAWN PER ORDER #62 DENYING MOTION FOR LEAVEAMENDED COMPLAINT against Twitter, Inc., Crimson Hexagon, Inc., Dataminr, Inc., Mass Relevance, Inc., filed by Evolutionary Intelligence, LLC.(Kennedy, Todd) Modified on 9/10/2013 (sm, ). (Entered: 03/25/2013)