Express Mobile, Inc. v. Amazon.Com, Inc.

COMPLAINT against Amazon.Com, Inc. ( Filing fee $ 400, receipt number 0971-15242079.). Filed byExpress Mobile, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

2020-11-25

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Proposed Summons. (Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

2020-11-25

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REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

2020-11-25

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Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/11/2020. (mbcS, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)

2020-11-27

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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/23/2021. Initial Case Management Conference set for 3/2/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)

2020-11-27

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Summons Issued as to Amazon.Com, Inc.. (cv, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)

2020-11-27

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~Util - Case Assigned by Intake

2020-11-27

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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Express Mobile, Inc... (Gross, Stuart) (Filed on 11/30/2020) (Entered: 11/30/2020)

2020-11-30

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CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (pmcS, COURT STAFF) (Filed on 11/30/2020) (Entered: 11/30/2020)

2020-11-30

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NOTICE of Appearance by George Alexander Croton (Croton, George) (Filed on 11/30/2020) (Entered: 11/30/2020)

2020-11-30

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Clerk's Notice of Impending Reassignment - Text Only

2020-11-30

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ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to case. Reassignment Order signed by Clerk on 12/1/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 12/1/2020) (Entered: 12/01/2020)

2020-12-01

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NOTICE of Pendency of Other Action Involving Same Patent by Express Mobile, Inc. (Gross, Stuart) (Filed on 12/3/2020) (Entered: 12/03/2020)

2020-12-03

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SUMMONS Returned Executed by Express Mobile, Inc.. Amazon.Com, Inc. served on 12/4/2020, answer due 12/28/2020. (Gross, Stuart) (Filed on 12/4/2020) (Entered: 12/04/2020)

2020-12-04

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REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 2/16/2021. Initial Case Management Conference set for 2/23/2021, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, February 18, 2021, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knmS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)

2020-12-09

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ORDER, Case Reassigned to Judge Richard Seeborg for all further proceedings. Judge Vince Chhabria no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 12/9/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)

2020-12-09

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~Util - Teleconference Zoom AND Clerk's Notice

2020-12-09

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CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for 3/4/2021 at 10:00 AM to be held telephonic before Judge Richard Seeborg upon reassignment.Case Management Statement due by 2/25/2021. All parties shall appear telephonically and must contact Court Conference at (866) 582-6878 at least one week prior to the Conference to arrange their participation. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 12/10/2020) (Entered: 12/10/2020)

2020-12-10

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Clerk's Notice

2020-12-10

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15308384.) filed by Express Mobile, Inc.. (Grinberg, Leonid) (Filed on 12/11/2020) (Entered: 12/11/2020)

2020-12-11

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15308480.) filed by Express Mobile, Inc.. (Molo, Steven) (Filed on 12/11/2020) (Entered: 12/11/2020)

2020-12-11

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ORDER by Judge Richard Seeborg granting 16 Motion for Pro Hac Vice as to Leonid Grinberg.(clS, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)

2020-12-14

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ORDER by Judge Richard Seeborg granting 17 Motion for Pro Hac Vice as to Steven F. Molo. (clS, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)

2020-12-14

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STIPULATION to Enlarge Time to Move, Answer or Otherwise Respond to Complaint filed by Amazon.Com, Inc.. (Hadden, J.) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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Corporate Disclosure Statement by Amazon.Com, Inc. Certification of Interested Entities or Persons and 7.1 Corporate Disclosure Statement of Amazon.com, Inc. (Hadden, J.) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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NOTICE of Appearance by Saina Sason Shamilov (Shamilov, Saina) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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NOTICE of Appearance by Todd Richard Gregorian (Gregorian, Todd) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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NOTICE of Appearance by Rebecca A.E. Fewkes (Fewkes, Rebecca) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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NOTICE of Appearance by Matthew Conner Hutchisson (Hutchisson, Matthew) (Filed on 12/15/2020) (Entered: 12/15/2020)

2020-12-15

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ANSWER to Complaint with Jury Demand byAmazon.Com, Inc.. (Gregorian, Todd) (Filed on 1/27/2021) (Entered: 01/27/2021)

2021-01-27

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15531476.) filed by Express Mobile, Inc.. (Quarmby, Benoit) (Filed on 2/3/2021) (Entered: 02/03/2021)

2021-02-03

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ORDER by Judge Richard Seeborg granting 27 Motion for Pro Hac Vice as to Benoit Quarmby. (clS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)

2021-02-04

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ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gross, Stuart) (Filed on 2/8/2021) (Entered: 02/08/2021)

2021-02-08

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NOTICE of Appearance by Albert James Rugo on behalf of Defendant Amazon.com, Inc. (Rugo, Albert) (Filed on 2/10/2021) (Entered: 02/10/2021)

2021-02-10

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NOTICE of Pendency of Other Action Involving Same Patent by Express Mobile, Inc. (Gross, Stuart) (Filed on 2/16/2021) (Entered: 02/16/2021)

2021-02-16

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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15605588.) filed by Express Mobile, Inc.. (Newman, Sarah) (Filed on 2/22/2021) (Entered: 02/22/2021)

2021-02-22

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ORDER by Judge Richard Seeborg granting 32 Motion for Pro Hac Vice as to Sarah J. Newman. (clS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

2021-02-22

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Corporate Disclosure Statement by Express Mobile, Inc. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

2021-02-25

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Certificate of Interested Entities by Express Mobile, Inc. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

2021-02-25

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JOINT CASE MANAGEMENT STATEMENT filed by Express Mobile, Inc.. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

2021-02-25

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Minute Entry for proceedings held before Chief Judge Richard Seeborg: Initial Case Management Conference held telephonic on 3/4/2021.Total Time in Court: 15 minutes.Not Reported or Recorded. Plaintiff Attorney: Stuart Gross, Steven Molo, Sarah Newman, Ben Quarmby - Telephonic. Defendant Attorney: Todd Gregorian, David Hadden, Donna Long - Telephonic. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Date Filed: 3/4/2021) (Entered: 03/04/2021)

2021-03-04

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Case Management Conference - Initial

2021-03-04

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No Actions

ORDER RE COORDINATION OF CLAIM CONSTRUCTION PROCEEDINGS. Signed by Chief Judge Richard Seeborg on 3/9/2021. (clS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)

2021-03-09

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ORDER RE POTENTIAL STAY MOTIONS. Signed by Chief Judge Richard Seeborg on 3/12/2021. (clS, COURT STAFF) (Filed on 3/12/2021) (Entered: 03/12/2021)

2021-03-12

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MOTION to Stay re 39 Order Pending Ex Parte Reexamination of the '397 Patent filed by Amazon.Com, Inc.. Motion Hearing set for 4/29/2021 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 3/29/2021. Replies due by 4/5/2021. (Attachments: # 1 Proposed Order)(Gregorian, Todd) (Filed on 3/15/2021) (Entered: 03/15/2021)

2021-03-15

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MOTION to Stay re 39 Order Pending Ex Parte Reexamination of the '397 Patent filed by Amazon.Com, Inc.. Motion Hearing set for 4/29/2021 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 3/29/2021. Replies due by 4/5/2021. (Attachments: # 1 Proposed Order)(Gregorian, Todd) (Filed on 3/15/2021) (Entered: 03/15/2021)

2021-03-15

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Stipulation and Proposed Order

2021-03-25

1

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Order on Stipulation

2021-03-25

1

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Opposition/Response to Motion

2021-04-01

1

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Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay

2021-04-05

1

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Case Management Statement

2021-04-24

1

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Case Management Statement

2021-04-26

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Order

2021-04-26

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Set/Reset Hearings

2021-04-27

1

No Actions

Stipulation and Proposed Order

2021-06-15

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Order Referring Case to Magistrate Judge for Discovery

2021-06-15

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Case Referred to Magistrate Judge for Discovery

2021-06-16

1

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Order

2021-06-22

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Order on Stipulation

2021-07-14

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Notice (Other)

2021-08-01

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Stipulation and Proposed Order

2021-08-31

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Order on Stipulation AND Order on Stipulation AND Order on Stipulation AND Order on Stipulation

2021-08-31

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Opposition/Response to Motion

2021-09-04

1

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~Util - Terminate Motions AND Order

2021-09-09

1

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Claim Construction Statement

2021-09-18

1

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Brief

2021-10-23

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Brief

2021-11-13

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Brief

2021-11-23

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Pro Hac Vice

2021-12-03

1

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Pro Hac Vice

2021-12-03

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Order on Motion for Pro Hac Vice

2021-12-03

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Order on Motion for Pro Hac Vice

2021-12-03

1

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Clerk's Notice Setting Zoom Hearing

2021-12-03

1

No Actions

Claims Construction / Markman Hearing

2021-12-08

1

No Actions

Transcript Order

2021-12-10

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Transcript

2021-12-19

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Notice (Other)

2021-12-30

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Notice of Appearance

2022-01-29

1

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Notice of Appearance

2022-01-29

1

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Notice (Other)

2022-03-07

1

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Order

2022-03-29

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Joinder

2022-04-26

1

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Response ( Non Motion )

2022-05-11

1

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Notice (Other)

2022-06-01

1

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Notice (Other)

2022-06-03

1

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Clerk's Notice

2022-06-04

1

No Actions

Clerk's Notice

2022-06-16

1

No Actions

Notice (Other)

2022-07-12

1

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~Util - Terminate Motions AND Order

2022-07-15

1

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Notice (Other)

2022-07-26

1

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Order

2022-07-27

1

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Notice (Other)

2023-01-05

1

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Notice (Other)

2023-07-07

1

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Order

2024-08-01

1

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Notice (Other)

2025-05-05

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Order

2026-02-24

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Overview

Parties

Defendant

Amazon.Com, Inc. Follow

Represented By

Plaintiff

Express Mobile, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Amazon.Com, Inc. ( Filing fee $ 400, receipt number 0971-15242079.). Filed byExpress Mobile, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

Proposed Summons. (Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (Gross, Stuart) (Filed on 11/25/2020) (Entered: 11/25/2020)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/23/2021. Initial Case Management Conference set for 3/2/2021 01:30 PM in San Jose, Courtroom 2, 5th Floor. (cv, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)

Summons Issued as to Amazon.Com, Inc.. (cv, COURT STAFF) (Filed on 11/27/2020) (Entered: 11/27/2020)

~Util - Case Assigned by Intake

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Express Mobile, Inc... (Gross, Stuart) (Filed on 11/30/2020) (Entered: 11/30/2020)

NOTICE of Appearance by George Alexander Croton (Croton, George) (Filed on 11/30/2020) (Entered: 11/30/2020)

Clerk's Notice of Impending Reassignment - Text Only

NOTICE of Pendency of Other Action Involving Same Patent by Express Mobile, Inc. (Gross, Stuart) (Filed on 12/3/2020) (Entered: 12/03/2020)

SUMMONS Returned Executed by Express Mobile, Inc.. Amazon.Com, Inc. served on 12/4/2020, answer due 12/28/2020. (Gross, Stuart) (Filed on 12/4/2020) (Entered: 12/04/2020)

~Util - Teleconference Zoom AND Clerk's Notice

Clerk's Notice

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15308384.) filed by Express Mobile, Inc.. (Grinberg, Leonid) (Filed on 12/11/2020) (Entered: 12/11/2020)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15308480.) filed by Express Mobile, Inc.. (Molo, Steven) (Filed on 12/11/2020) (Entered: 12/11/2020)

ORDER by Judge Richard Seeborg granting 16 Motion for Pro Hac Vice as to Leonid Grinberg.(clS, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)

ORDER by Judge Richard Seeborg granting 17 Motion for Pro Hac Vice as to Steven F. Molo. (clS, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/14/2020)

STIPULATION to Enlarge Time to Move, Answer or Otherwise Respond to Complaint filed by Amazon.Com, Inc.. (Hadden, J.) (Filed on 12/15/2020) (Entered: 12/15/2020)

Corporate Disclosure Statement by Amazon.Com, Inc. Certification of Interested Entities or Persons and 7.1 Corporate Disclosure Statement of Amazon.com, Inc. (Hadden, J.) (Filed on 12/15/2020) (Entered: 12/15/2020)

NOTICE of Appearance by Saina Sason Shamilov (Shamilov, Saina) (Filed on 12/15/2020) (Entered: 12/15/2020)

NOTICE of Appearance by Todd Richard Gregorian (Gregorian, Todd) (Filed on 12/15/2020) (Entered: 12/15/2020)

NOTICE of Appearance by Rebecca A.E. Fewkes (Fewkes, Rebecca) (Filed on 12/15/2020) (Entered: 12/15/2020)

NOTICE of Appearance by Matthew Conner Hutchisson (Hutchisson, Matthew) (Filed on 12/15/2020) (Entered: 12/15/2020)

ANSWER to Complaint with Jury Demand byAmazon.Com, Inc.. (Gregorian, Todd) (Filed on 1/27/2021) (Entered: 01/27/2021)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15531476.) filed by Express Mobile, Inc.. (Quarmby, Benoit) (Filed on 2/3/2021) (Entered: 02/03/2021)

ORDER by Judge Richard Seeborg granting 27 Motion for Pro Hac Vice as to Benoit Quarmby. (clS, COURT STAFF) (Filed on 2/4/2021) (Entered: 02/04/2021)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Gross, Stuart) (Filed on 2/8/2021) (Entered: 02/08/2021)

NOTICE of Appearance by Albert James Rugo on behalf of Defendant Amazon.com, Inc. (Rugo, Albert) (Filed on 2/10/2021) (Entered: 02/10/2021)

NOTICE of Pendency of Other Action Involving Same Patent by Express Mobile, Inc. (Gross, Stuart) (Filed on 2/16/2021) (Entered: 02/16/2021)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15605588.) filed by Express Mobile, Inc.. (Newman, Sarah) (Filed on 2/22/2021) (Entered: 02/22/2021)

ORDER by Judge Richard Seeborg granting 32 Motion for Pro Hac Vice as to Sarah J. Newman. (clS, COURT STAFF) (Filed on 2/22/2021) (Entered: 02/22/2021)

Corporate Disclosure Statement by Express Mobile, Inc. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

Certificate of Interested Entities by Express Mobile, Inc. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

JOINT CASE MANAGEMENT STATEMENT filed by Express Mobile, Inc.. (Molo, Steven) (Filed on 2/25/2021) (Entered: 02/25/2021)

Case Management Conference - Initial

ORDER RE COORDINATION OF CLAIM CONSTRUCTION PROCEEDINGS. Signed by Chief Judge Richard Seeborg on 3/9/2021. (clS, COURT STAFF) (Filed on 3/9/2021) (Entered: 03/09/2021)

ORDER RE POTENTIAL STAY MOTIONS. Signed by Chief Judge Richard Seeborg on 3/12/2021. (clS, COURT STAFF) (Filed on 3/12/2021) (Entered: 03/12/2021)

Stipulation and Proposed Order

Order on Stipulation

Opposition/Response to Motion

Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay AND Order on Motion to Stay

Case Management Statement

Case Management Statement

Order

Set/Reset Hearings

Stipulation and Proposed Order

Order Referring Case to Magistrate Judge for Discovery

Case Referred to Magistrate Judge for Discovery

Order

Order on Stipulation

Notice (Other)

Stipulation and Proposed Order

Order on Stipulation AND Order on Stipulation AND Order on Stipulation AND Order on Stipulation

Opposition/Response to Motion

~Util - Terminate Motions AND Order

Claim Construction Statement

Brief

Brief

Brief

Pro Hac Vice

Pro Hac Vice

Order on Motion for Pro Hac Vice

Order on Motion for Pro Hac Vice

Clerk's Notice Setting Zoom Hearing

Claims Construction / Markman Hearing

Transcript Order

Transcript

Notice (Other)

Amazon.Com, Inc.

Express Mobile, Inc.