Execware LLC v. BJ's Wholesale Club Inc.
1:14-cv-00233
Overview
Case Number
1:14-cv-00233
Filing Date
2014-02-21
Status
Litigation filed
Court
District Court, D. Delaware
Nature of Suit
830 Patent
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, D. Delaware
Presiding Judge
Leonard Philip Stark
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against BJ's Wholesale Club Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1466224.) - filed by Execware LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(cla, ) (Entered: 02/24/2014)
2014-02-21
1
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (cla, ) (Entered: 02/24/2014)
2014-02-21
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,216,139;. (cla, ) (Entered: 02/24/2014)
2014-02-21
1
Summons Issued with Magistrate Consent Notice attached as to BJ's Wholesale Club Inc. on 2/24/2014. 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. (cla, )
2014-02-24
1
No Actions
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:14-cv-00229-LPS through 1:14-cv-00247-LPS (rjb)
2014-02-26
1
No Actions
STIPULATION TO EXTEND TIME to ANSWER Complaint to April 21, 2014 - filed by BJ's Wholesale Club Inc.. (Coletti, Susan) (Entered: 03/04/2014)
2014-03-04
1
AFFIDAVIT of Service for Summons and Complaint served on BJ's Wholesale Club, Inc. on February 25, 2014, filed by Execware LLC. (Attachments: # 1 Exhibit A)(Tiradentes, Vanessa) (Entered: 03/04/2014)
2014-03-04
1
MOTION for Pro Hac Vice Appearance of Attorney Zachariah S. Harrington, Matthew J. Antonelli, Larry D. Thompson, Jr., and Peter J. Corcoran, III - filed by Execware LLC. (Attachments: # 1 Certification of Zachariah S. Harrington, # 2 Certification of Matthew J. Antonelli, # 3 Certification of Larry D. Thompson, Jr., # 4 Certification of Peter J. Corcoran, III)(Brauerman, Stephen) (Entered: 03/05/2014)
2014-03-05
1
SO ORDERED, re 4 STIPULATION TO EXTEND TIME to ANSWER Complaint to April 21, 2014 filed by BJ's Wholesale Club Inc. Signed by Judge Leonard P. Stark on 3/5/14. (ntl)
2014-03-05
1
No Actions
SO ORDERED, re (6 in 1:14-cv-00231-LPS, 7 in 1:14-cv-00229-LPS, 6 in 1:14-cv-00245-LPS, 5 in 1:14-cv-00238-LPS, 5 in 1:14-cv-00239-LPS, 5 in 1:14-cv-00242-LPS, 5 in 1:14-cv-00230-LPS, 5 in 1:14-cv-00235-LPS, 6 in 1:14-cv-00243-LPS, 7 in 1:14-cv-00237-LPS, 6 in 1:14-cv-00233-LPS, 6 in 1:14-cv-00234-LPS, 5 in 1:14-cv-00246-LPS, 5 in 1:14-cv-00241-LPS, 4 in 1:14-cv-00236-LPS, 5 in 1:14-cv-00240-LPS, 4 in 1:14-cv-00232-LPS) MOTION for Pro Hac Vice Appearance of Attorney Zachariah S. Harrington, Matthew J. Antonelli, Larry D. Thompson, Jr., and Peter J. Corcoran, III filed by Execware LLC. Signed by Judge Leonard P. Stark on 3/6/14. Associated Cases: 1:14-cv-00229-LPS et al. (ntl)
2014-03-06
1
No Actions
Pro Hac Vice Attorney Peter J. Corcoran,Zachariah S. Harrington,Larry D. Thompson, Jr,Matthew J. Antonelli for Execware LLC added for electronic noticing. Associated Cases: 1:14-cv-00229-LPS et al.(dmp, )
2014-03-07
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David Conrad, Matthew Colvin, and Theresa M. Dawson - filed by BJ's Wholesale Club Inc.. (Coletti, Susan) (Entered: 04/21/2014)
2014-04-21
1
MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) - filed by BJ's Wholesale Club Inc.. (Attachments: # 1 Text of Proposed Order)(Battersby, Erin) (Entered: 04/21/2014)
2014-04-21
1
OPENING BRIEF in Support re 8 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) filed by BJ's Wholesale Club Inc..Answering Brief/Response due date per Local Rules is 5/8/2014. (Battersby, Erin) (Entered: 04/21/2014)
2014-04-21
1
SO ORDERED, re 7 MOTION for Pro Hac Vice Appearance of Attorney Neil J. McNabnay, David Conrad, Matthew Colvin, and Theresa M. Dawson filed by BJ's Wholesale Club Inc. Signed by Judge Leonard P. Stark on 4/22/14. (ntl)
2014-04-22
1
No Actions
Pro Hac Vice Attorney Neil J. McNabnay,David Conrad,Matthew C. Colvin,Theresa M. Dawson for Dollar General Corporation added for electronic noticing. Associated Cases: 1:14-cv-00231-LPS, 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS(els)
2014-04-23
1
No Actions
ANSWERING BRIEF in Opposition re 8 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) \Plaintiffs Answering Brief In Opposition to Defendants Motion to Dismiss the Complaint for Failure to Properly Plead Against the Affirmative Defense of Subject Matter Ineligibility filed by Execware LLC.Reply Brief due date per Local Rules is 5/19/2014. (Brauerman, Stephen) (Entered: 05/08/2014)
2014-05-08
1
NOTICE requesting Clerk to remove Peter J. Corcoran, III as co-counsel.. (Brauerman, Stephen) (Entered: 05/19/2014)
2014-05-19
1
MOTION for Pro Hac Vice Appearance of Attorney Califf T. Cooper - filed by Execware LLC. (Attachments: # 1 Certification of Califf T. Cooper)(Brauerman, Stephen) (Entered: 05/19/2014)
2014-05-19
1
REPLY BRIEF re 8 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) filed by BJ's Wholesale Club Inc.. (Coletti, Susan) (Entered: 05/19/2014)
2014-05-19
1
ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Christopher J. Burke: Motion to Dismiss (D.I. 8). ORDERED by Judge Leonard P. Stark on 5/20/14. Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00240-LPS (ntl) (Entered: 05/20/2014)
2014-05-20
1
SO ORDERED, re (11 in 1:14-cv-00239-LPS, 8 in 1:14-cv-00230-LPS, 16 in 1:14-cv-00237-LPS, 12 in 1:14-cv-00233-LPS, 13 in 1:14-cv-00236-LPS, 8 in 1:14-cv-00241-LPS, 9 in 1:14-cv-00238-LPS, 11 in 1:14-cv-00243-LPS, 12 in 1:14-cv-00240-LPS, 13 in 1:14-cv-00234-LPS, 12 in 1:14-cv-00229-LPS, 13 in 1:14-cv-00231-LPS, 10 in 1:14-cv-00246-LPS, 11 in 1:14-cv-00235-LPS, 8 in 1:14-cv-00242-LPS, 15 in 1:14-cv-00245-LPS, 9 in 1:14-cv-00232-LPS) MOTION for Pro Hac Vice Appearance of Attorney Califf T. Cooper filed by Execware LLC. Signed by Judge Leonard P. Stark on 5/20/14. Associated Cases: 1:14-cv-00229-LPS et al. (ntl)
2014-05-20
1
No Actions
Pro Hac Vice Attorney Califf T. Cooper for Execware LLC added for electronic noticing. Associated Cases: 1:14-cv-00230-LPS et al.(dmp, )
2014-05-22
1
No Actions
MOTION for Leave to File / Plaintiff Execware, LLC's Motion to File a Six Page Sur-Reply Opposing Defendants' Motion to Dismiss on Grounds of Subject Matter Ineligibility - filed by Execware LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A, # 4 Text of Proposed Order)(Brauerman, Stephen) (Entered: 05/30/2014)
2014-05-30
1
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Beacon Holding, Inc., Other Affiliate Leonard Green & Partners, L.P. for BJ's Wholesale Club Inc. filed by BJ's Wholesale Club Inc.. (Coletti, Susan) (Entered: 06/03/2014)
2014-06-03
1
RESPONSE to Motion re 15 MOTION for Leave to File / Plaintiff Execware, LLC's Motion to File a Six Page Sur-Reply Opposing Defendants' Motion to Dismiss on Grounds of Subject Matter Ineligibility filed by BJ's Wholesale Club Inc.. (Anderson, Jeremy) (Entered: 06/16/2014)
2014-06-16
1
NOTICE of Supplemental Authority by BJ's Wholesale Club Inc., Nordstrom Inc., Bed Bath & Beyond Inc., Blue Nile Inc., Dollar General Corporation re (9 in 1:14-cv-00231-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (8 in 1:14-cv-00233-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (8 in 1:14-cv-00240-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (8 in 1:14-cv-00234-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (9 in 1:14-cv-00236-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) (Anderson, Jeremy) (Entered: 06/26/2014)
2014-06-26
1
NOTICE of Appearance by Jeremy Douglas Anderson on behalf of All Defendants (Anderson, Jeremy) (Entered: 06/26/2014)
2014-06-26
1
STATEMENT re (18 in 1:14-cv-00240-LPS) Notice (Other),,,, / PLAINTIFF EXECWARE, LLC'S RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY by Execware LLC. (Brauerman, Stephen) (Entered: 07/02/2014)
2014-07-02
1
NOTICE of Change of Address by Sara E. Bussiere (Bussiere, Sara) (Entered: 09/05/2014)
2014-09-05
1
MOTIONS REFERRED: (15 in 1:14-cv-00240-LPS, 15 in 1:14-cv-00233-LPS, 16 in 1:14-cv-00236-LPS, 16 in 1:14-cv-00234-LPS) Plaintiff Execware, LLC's Motion to File a Six Page Sur-Reply Opposing Defendants' Motion to Dismiss on Grounds of Subject Matter Ineligibility. Motions referred to Judge Christopher J. Burke. Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS (ntl)
2014-10-15
1
No Actions
NOTICE requesting Clerk to remove Erin C.E. Battersby as co-counsel. Reason for request: No longer with the firm. (Anderson, Jeremy) (Entered: 10/16/2014)
2014-10-16
1
ORAL ORDER Setting Hearing on Motions (8 in 1:14-cv-00233-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (8 in 1:14-cv-00234-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (9 in 1:14-cv-00235-LPS) MOTION to Dismiss Based upon Failure to Allege Infringement of a Patentable Claim Under 35 U.S. C. Section 101, (9 in 1:14-cv-00236-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101), (8 in 1:14-cv-00240-LPS) MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) : A Motion Hearing is set for 12/10/2014 at 11:00 AM in Courtroom 2A before Judge Christopher J. Burke. Each side is allocated 45 minutes for argument. Ordered by Judge Christopher J. Burke on 10/21/2014. Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00235-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS(dlk) Modified on 10/21/2014 (dlk).
2014-10-21
1
No Actions
CORRECTING ENTRY: Oral Order entered today is corrected to reflect Oral Argument date is December 10, 2014 at 11:00 a.m. in Courtroom 2A before the Honorable Christopher J. Burke. Associated Cases: 1:14-cv-00235-LPS, 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS(dlk)
2014-10-21
1
No Actions
ORAL ORDER: With regard to the oral argument scheduled for December 10 at 11:00am, the parties are directed to be prepared to address the Federal Circuit's holding in DDR Holdings, LLC v. Hotels.com, L.P., No. 2013-1505, 2014 WL 6845152 (Fed. Cir. Dec. 5, 2014) and its effect on the arguments presented in the parties' briefs. Ordered by Judge Christopher J. Burke on 12/8/2014. Associated Cases: 1:14-cv-00235-LPS, 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS(dlk)
2014-12-08
1
No Actions
Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 12/10/2014 re (8 in 1:14-cv-00233-LPS) (8 in 1:14-cv-00240-LPS) (8 in 1:14-cv-00234-LPS) (9 in 1:14-cv-00235-LPS) (9 in 1:14-cv-00236-LPS) MOTION to Dismiss for Failure to State a Claim (Court Reporter Hawkins Reporting.) Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00235-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS(dlk)
2014-12-10
1
No Actions
Official Transcript of Oral Argument Hearing held on December 10, 2014 before Magistrate Judge Christopher J. Burke. Court Reporter Stacy Ingram of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/29/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/8/2015. (bpg) (Entered: 01/08/2015)
2015-01-08
1
REPORT AND RECOMMENDATIONS recommending Denial of D.I. (8 in 1:14-cv-00233-LPS, 8 in 1:14-cv-00234-LPS, 9 in 1:14-cv-00235-LPS, 9 in 1:14-cv-00236-LPS, 8 in 1:14-cv-00240-LPS) MOTION to Dismiss for Failure to State a Claim filed by Defendants, and De nying D.I. (15 in 1:14-cv-00233-LPS, 16 in 1:14-cv-00234-LPS, 16 in 1:14-cv-00236-LPS, 15 in 1:14-cv-00240-LPS) MOTION for Leave to File a Surreply filed by Execware LLC. Please note that when filing Objections pursuant to Federal Rule of Civil Proce dure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 8/3/2015. Signed by Judge Christopher J. Burke on 7/15/2015. Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00235-LPS, 1:14-cv-00236-LPS, 1:14-cv-00240-LPS (aer)
2015-07-15
1
OBJECTIONS by BJ's Wholesale Club Inc. to 24 REPORT AND RECOMMENDATIONS re (15 in 1:14-cv-00240-LPS, 15 in 1:14-cv-00233-LPS, 16 in 1:14-cv-00236-LPS, 16 in 1:14-cv-00234-LPS) MOTION for Leave to File / Plaintiff Execware, LLC's Motion to File a Six Page Sur-Reply Opposing Defendants&# . (Anderson, Jeremy) (Entered: 08/03/2015)
2015-08-03
1
ANSWERING BRIEF in Opposition re 24 REPORT AND RECOMMENDATIONS re (15 in 1:14-cv-00240-LPS, 15 in 1:14-cv-00233-LPS, 16 in 1:14-cv-00236-LPS, 16 in 1:14-cv-00234-LPS) MOTION for Leave to File / Plaintiff Execware, LLC's Motion to File a Six Page Sur-Reply Opposing Defendants&#, 8 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss for Failure to Allege Infringement of a Patentable Claim Under 35 U.S.C. § 101) /Plaintiff's Response to Defendants' Objections to Magistrate Judge Christopher J. Burke's July 15, 2015 Report and Recommendation Regarding Subject Matter Jurisdiction Under Section 101 filed by Execware LLC.Reply Brief due date per Local Rules is 8/27/2015. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) (Entered: 08/17/2015)
2015-08-17
1
MEMORANDUM ORDER re (26 in 1:14-cv-00240-LPS, 18 in 1:14-cv-00235-LPS, 24 in 1:14-cv-00233-LPS, 25 in 1:14-cv-00234-LPS) REPORT AND RECOMMENDATION is ADOPTED in part and REJECTED in part; (8 in 1:14-cv-00233-LPS) (8 in 1:14-cv-00240-LPS) (8 in 1:14-cv-00234-LPS) (9 in 1:14-cv-00235-LPS) MOTIONS to Dismiss are DENIED without prejudice to renew as summary judgment motions, after claim construction and discovery. Signed by Judge Leonard P. Stark on 9/30/15. Associated Cases: 1:14-cv-00233-LPS, 1:14-cv-00234-LPS, 1:14-cv-00235-LPS, 1:14-cv-00240-LPS (ntl)
2015-09-30
1
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). ORDERED by Judge Leonard P. Stark on 10/2/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 10/02/2015)
2015-10-02
1
Oral Order
2015-10-02
1
No Actions
Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding Proposed Scheduling Order and Checklist Pursuant to the Courts October 2, 2015 Order. (Attachments: # 1 Joint Case Management Checklist)(Brauerman, Stephen) (Entered: 11/02/2015)
2015-11-02
1
PROPOSED ORDER / [Proposed] Scheduling Order by Execware LLC. (Brauerman, Stephen) (Entered: 11/02/2015)
2015-11-02
1
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hold a Case Management Conference in Courtroom 6B on December 4, 2015 at 1:30 p.m. No further submissions are needed. ORDERED by Judge Leonard P. Stark on 11/17/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 11/17/2015)
2015-11-17
1
Order Setting Scheduling Conference
2015-11-17
1
No Actions
Letter to The Honorable Leonard P. Stark from Samantha G. Wilson regarding Defendant BestBuy.com, LLC's request for telephonic participation by pro hac vice counsel in the December 4, 2015 Case Management Conference - re (21 in 1:14-cv-00237-LPS, 17 in 1:14-cv-00230-LPS, 21 in 1:14-cv-00245-LPS, 19 in 1:14-cv-00232-LPS, 34 in 1:14-cv-00240-LPS, 24 in 1:14-cv-00242-LPS, 25 in 1:14-cv-00235-LPS, 22 in 1:14-cv-00246-LPS, 32 in 1:14-cv-00234-LPS, 25 in 1:14-cv-00229-LPS, 18 in 1:14-cv-00239-LPS, 31 in 1:14-cv-00233-LPS, 23 in 1:14-cv-00243-LPS) Order Setting Scheduling Conference,. (Wilson, Samantha) (Entered: 11/25/2015)
2015-11-25
1
ORAL ORDER: Regarding the letter request for various counsel to participate telephonically at the Case Management Conference, IT IS HEREBY ORDERED that the requests are GRANTED. Counsel for Best Buy shall initiate the call to (302) 573-4573. ORDERED by Judge Leonard P. Stark on 11/25/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 11/25/2015)
2015-11-25
1
Oral Order
2015-11-25
1
No Actions
Minute Entry for proceedings held before Judge Leonard P. Stark - Case Management Conference held on 12/4/2015. (Court Reporter B. Gaffigan.) Associated Cases: 1:14-cv-00229-LPS et al. (ntl)
2015-12-04
1
No Actions
Scheduling Conference
2015-12-04
1
No Actions
PROPOSED ORDER / [Proposed] Scheduling Order by Execware LLC. (Tiradentes, Vanessa) (Entered: 12/11/2015)
2015-12-11
1
Official Transcript of Case Management Conference held on December 4, 2015 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 1/5/2016. Redacted Transcript Deadline set for 1/15/2016. Release of Transcript Restriction set for 3/14/2016.(bpg) (Entered: 12/15/2015)
2015-12-15
1
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Discovery due by 3/16/2017. Status Report due by 12/14/2016. Dispositive Motions due by 7/31/2017. An Oral Argument is set for 9/26/2017 at 01:00 PM in Courtroom 6B before Judge Leonard P. Stark. A Status and Trial Scheduling Teleconference is set for 10/27/2017 at 01:30 PM before Judge Leonard P. Stark. Claim Construction Opening Brief due by 9/12/2016. Claim Construction Answering Brief due by 10/3/2016. A Markman Hearing is set for 10/31/2016 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A Final Pretrial Conference is set for 12/8/2017 at 11:30 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 11/28/2017. A 5-day Jury Trial is set for 1/8/2018 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 12/15/15. Associated Cases: 1:14-cv-00229-LPS et al. (ntl) (Entered: 12/16/2015)
2015-12-16
1
NOTICE OF SERVICE of (1) Execware, LLC's Disclosures Pursuant to Section 8(a); and (2) this Notice of Service filed by Execware LLC.(Bussiere, Sara) (Entered: 01/05/2016)
2016-01-05
1
ORAL ORDER: On or before January 20, 2016, each party or each party group shallemail to Chief Magistrate Judge Thynge, with a copy to her Judicial Administrator, Cathleen Kennedy, the information requested in the attached Order. Ordered by Judge Thynge on 1/6/16. (Attachments: # 1 Order Requesting Information re: ADR) Associated Cases: 1:14-cv-00229-LPS et al.(cak) (Entered: 01/06/2016)
2016-01-06
1
NOTICE OF SERVICE of (1) EXECWARE, LLC'S AMENDED DISCLOSURES PURSUANT TO SECTION 8(a); and (2) this NOTICE OF SERVICE filed by Execware LLC.(Tiradentes, Vanessa) (Entered: 01/06/2016)
2016-01-06
1
CASE REFERRED to Judge Thynge for Mediation. Associated Cases: 1:14-cv-00229-LPS et al.(cak)
2016-01-06
1
No Actions
Case Referred to Mediation - Magistrate Judge only
2016-01-06
1
No Actions
STIPULATION TO EXTEND TIME for the parties to submit a joint proposal regarding the scope and schedule of production of ESI to January 21, 2016 - filed by OfficeMax North America Inc.. (Lydon, Tiffany) (Entered: 01/14/2016)
2016-01-14
1
ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Execware LLC by BJ's Wholesale Club Inc..(Anderson, Jeremy) (Entered: 01/15/2016)
2016-01-15
1
CORRECTING ENTRY: D.I. 41 deleted per counsel's request on 1/15/16. Counsel to re-file document. (rpg)
2016-01-15
1
No Actions
- CORRECTING ENTRY
2016-01-15
1
No Actions
ANSWER to 41 Answer to Complaint, Counterclaim / PLAINTIFF EXECWARE, LLC'S ANSWER TO DEFENDANT BJS WHOLESALE CLUB, INC.'S COUNTERCLAIMS by Execware LLC.(Tiradentes, Vanessa) (Entered: 01/19/2016)
2016-01-19
1
SO ORDERED, re (45 in 1:14-cv-00240-LPS, 30 in 1:14-cv-00245-LPS, 30 in 1:14-cv-00237-LPS, 27 in 1:14-cv-00239-LPS, 26 in 1:14-cv-00232-LPS, 41 in 1:14-cv-00234-LPS, 33 in 1:14-cv-00242-LPS, 34 in 1:14-cv-00229-LPS, 26 in 1:14-cv-00230-LPS, 31 in 1:14-cv-00246-LPS, 40 in 1:14-cv-00233-LPS) STIPULATION TO EXTEND TIME for the parties to submit a joint proposal regarding the scope and schedule of production of ESI to January 21, 2016 filed by OfficeMax North America Inc. Signed by Judge Leonard P. Stark on 1/15/16. Associated Cases: 1:14-cv-00229-LPS et al. (ntl)
2016-01-19
1
No Actions
SO ORDERED
2016-01-19
1
No Actions
PROPOSED ORDER REGARDING DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) by Execware LLC. (Tiradentes, Vanessa) (Entered: 01/21/2016)
2016-01-21
1
SO ORDERED
2016-01-22
1
No Actions
SO ORDERED, re (43 in 1:14-cv-00233-LPS, 34 in 1:14-cv-00235-LPS, 28 in 1:14-cv-00239-LPS, 46 in 1:14-cv-00240-LPS, 43 in 1:14-cv-00234-LPS, 35 in 1:14-cv-00229-LPS, 31 in 1:14-cv-00245-LPS, 27 in 1:14-cv-00230-LPS, 34 in 1:14-cv-00242-LPS, 31 in 1:14-cv-00237-LPS, 27 in 1:14-cv-00232-LPS, 32 in 1:14-cv-00246-LPS) ORDER REGARDING DISCOVERY, INCLUDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION ("ESI"). Signed by Judge Leonard P. Stark on 1/22/16. Associated Cases: 1:14-cv-00229-LPS et al. (ntl)
2016-01-22
1
No Actions
NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLC'S INITIAL DISCLOSURES; and (2) this NOTICE OF SERVICE filed by Execware LLC.(Bussiere, Sara) (Entered: 01/26/2016)
2016-01-26
1
NOTICE OF SERVICE of BJ's Wholesale Club, Inc.'s Initial Disclosures and Blue Nile, Inc.'s Initial Disclosures filed by BJ's Wholesale Club Inc., Blue Nile Inc..(Anderson, Jeremy) (Entered: 01/27/2016)
2016-01-27
1
NOTICE requesting Clerk to remove Califf Cooper as co-counsel.. (Brauerman, Stephen) (Entered: 02/10/2016)
2016-02-10
1
STIPULATION TO EXTEND TIME to submit a joint proposed protective order to February 23, 2016 - filed by OfficeMax North America Inc.. (Lydon, Tiffany) (Entered: 02/12/2016)
2016-02-12
1
NOTICE OF SERVICE of (i) Defendants' First Set of Common Requests for Production to Plaintiff Execware, LLC (Nos. 1-75) and (ii) Defendants' First Set of Common Interrogatories to Plaintiff (Nos. 1-8) filed by OfficeMax North America Inc..(Lydon, Tiffany) (Entered: 02/18/2016)
2016-02-18
1
SO ORDERED, re (38 in 1:14-cv-00242-LPS, 47 in 1:14-cv-00233-LPS, 50 in 1:14-cv-00240-LPS, 35 in 1:14-cv-00237-LPS, 31 in 1:14-cv-00230-LPS, 32 in 1:14-cv-00232-LPS, 32 in 1:14-cv-00239-LPS, 47 in 1:14-cv-00234-LPS, 36 in 1:14-cv-00246-LPS, 35 in 1:14-cv-00245-LPS) STIPULATION TO EXTEND TIME to submit a joint proposed protective order to February 23, 2016 filed by OfficeMax North America Inc. Signed by Judge Leonard P. Stark on 2/18/16. Associated Cases: 1:14-cv-00230-LPS et al. (ntl)
2016-02-18
1
No Actions
SO ORDERED
2016-02-18
1
No Actions
Joint Letter to The Honorable Leonard P. Stark from Defendants' counsel regarding request for discovery teleconference re PO. (Anderson, Jeremy) (Entered: 02/23/2016)
2016-02-23
1
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for March 11, 2016 at 11:00 a.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than March 2, 2016, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than March 4, 2016, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 2/26/16. Associated Cases: 1:14-cv-00230-LPS et al. (ntl) (Entered: 02/26/2016)
2016-02-26
1
Order Setting Teleconference
2016-02-26
1
No Actions
Letter to The Honorable Leonard P. Stark from Jeremy D. Anderson on behalf of all defense counsel regarding Protective Order Dispute. (Attachments: # 1 Exhibit A-G)(Anderson, Jeremy) (Entered: 03/02/2016)
2016-03-02
1
Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman, Esquire regarding the Protective Order Disputes - re (39 in 1:14-cv-00246-LPS, 34 in 1:14-cv-00230-LPS, 35 in 1:14-cv-00239-LPS, 38 in 1:14-cv-00245-LPS, 38 in 1:14-cv-00237-LPS, 50 in 1:14-cv-00233-LPS, 41 in 1:14-cv-00242-LPS, 50 in 1:14-cv-00234-LPS, 53 in 1:14-cv-00240-LPS, 35 in 1:14-cv-00232-LPS) Order Setting Teleconference,,,,. (Attachments: # 1 Exhibit 1)(Brauerman, Stephen) (Entered: 03/04/2016)
2016-03-04
1
Minute Entry for proceedings held before Judge Leonard P. Stark - Discovery Teleconference held on 3/11/2016. (Court Reporter B. Gaffigan.) Associated Cases: 1:14-cv-00230-LPS et al. (ntl)
2016-03-11
1
No Actions
Discovery Conference
2016-03-11
1
No Actions
NOTICE OF SERVICE of Defendants' Notices of Subpoenas to Adapt IP Ventures LLC, Randy French, Merrily Powell, David Martin, ICAP Patent Brokerage, LLC, IP Navigation Group, LLC, Empire IP LLC, Dominion Harbor Group, LLC and Ocean Tomo, LLC filed by OfficeMax North America Inc..(Lydon, Tiffany) (Entered: 03/15/2016)
2016-03-15
1
PROPOSED ORDER Stipulated Protective Order by BJ's Wholesale Club Inc., Blue Nile Inc.. (Anderson, Jeremy) (Entered: 03/16/2016)
2016-03-16
1
Official Transcript of Telephone Conference held on March 11, 2016 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/7/2016. Redacted Transcript Deadline set for 4/18/2016. Release of Transcript Restriction set for 6/15/2016.(bpg) (Entered: 03/17/2016)
2016-03-17
1
NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLC'S FIRST SET OF COMMON INTERROGATORIES TO ALL DEFENDANTS (NOS. 16); (2) PLAINTIFF EXECWARE, LLC'S FIRST SET OF INDIVIDUAL INTERROGATORIES TO DEFENDANT BJS WHOLESALE CLUB, INC. (NOS. 111); and (3) this NOTICE OF SERVICE filed by Execware LLC.(Tiradentes, Vanessa) (Entered: 03/17/2016)
2016-03-17
1
NOTICE OF SERVICE of (1) PLAINTIFF EXECWARE, LLC'S OBJECTIONS AND RESPONSES TO FIRST SET OF COMMON INTERROGATORIES SERVED BY DEFENDANTS (NOS. 18); (2) PLAINTIFF EXECWARE, LLC'S OBJECTIONS AND RESPONSES TO FIRST SET OF COMMON REQUESTS FOR PRODUCTION SERVED BY DEFENDANTS (NOS. 175); and (3) this NOTICE OF SERVICE filed by Execware LLC.(Tiradentes, Vanessa) (Entered: 03/24/2016)
2016-03-24
1
SO ORDERED, re (38 in 1:14-cv-00230-LPS, 57 in 1:14-cv-00240-LPS, 38 in 1:14-cv-00239-LPS, 45 in 1:14-cv-00242-LPS, 43 in 1:14-cv-00237-LPS, 54 in 1:14-cv-00233-LPS, 54 in 1:14-cv-00234-LPS, 39 in 1:14-cv-00232-LPS) STIPULATED PROTECTIVE ORDER. Signed by Judge Leonard P. Stark on 3/24/16. Associated Cases: 1:14-cv-00230-LPS et al. (ntl)
2016-03-24
1
No Actions
SO ORDERED
2016-03-24
1
No Actions
NOTICE OF SERVICE of Notice of Subpoena filed by OfficeMax North America Inc..(Lydon, Tiffany) (Entered: 03/28/2016)
2016-03-28
1
STIPULATION of Dismissal by Execware LLC. (Brauerman, Stephen) (Entered: 04/14/2016)
2016-04-14
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,216,139. (ntl) (Entered: 04/15/2016)
2016-04-15
1
SO ORDERED, re 59 Stipulation of Dismissal filed by Execware LLC, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 4/15/16. (ntl)
2016-04-15
1
No Actions
~Util - Terminate Civil Case AND SO ORDERED
2016-04-15
1
No Actions