EyesMatch Ltd. v. Facebook, Inc.
1:21-cv-00111
Overview
Case Number
1:21-cv-00111
Filing Date
2021-01-28
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
Richard Gibson Andrews
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Facebook, Inc., Instagram, LLC, WhatsApp Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3495198.) - filed by Memomi Labs Inc., EyesMatch Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Civil Cover Sheet)(myr) (Entered: 01/28/2021)
2021-01-28
1
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 01/28/2021)
2021-01-28
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,624,883 B2 ;US 7,948,481 B2 ;US 8,982,109 B2 ;US 8,982,110 B2. (myr) (Entered: 01/28/2021)
2021-01-28
1
No Summons Issued
2021-01-28
1
No Actions
No Summons Issued. (myr)
2021-01-28
1
No Actions
SUMMONS Returned Executed by Memomi Labs Inc., EyesMatch Ltd.. Facebook, Inc. served on 1/29/2021, answer due 2/19/2021; Instagram, LLC served on 1/29/2021, answer due 2/19/2021; WhatsApp Inc. served on 1/29/2021, answer due 2/19/2021. (Farnan, Michael) (Entered: 01/29/2021)
2021-01-29
1
Case Assigned/Reassigned
2021-02-03
1
No Actions
Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
2021-02-03
1
No Actions
STIPULATION TO EXTEND TIME for defendants to respond to the Complaint to March 22, 2021 - filed by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Blumenfeld, Jack) (Entered: 02/17/2021)
2021-02-17
1
~Util - Set/Reset Answer Deadline AND SO ORDERED
2021-02-17
1
No Actions
SO ORDERED, re 5 STIPULATION and Order (*Reset Answer Deadlines: Facebook, Inc. answer due 3/22/2021; Instagram, LLC answer due 3/22/2021; WhatsApp Inc. answer due 3/22/2021). Signed by Judge Richard G. Andrews on 2/17/2021. (nms)
2021-02-17
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Heidi Keefe, Reuben H. Chen, Lowell Mead, and Elizabeth Stameshkin - filed by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Jacobs, Karen) (Entered: 03/22/2021)
2021-03-22
1
MOTION to Dismiss - filed by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Jacobs, Karen) Modified on 3/23/2021 (nms). (Entered: 03/22/2021)
2021-03-22
1
OPENING BRIEF in Support re 7 MOTION to Dismiss, filed by Facebook, Inc., Instagram, LLC, WhatsApp Inc..Answering Brief/Response due date per Local Rules is 4/5/2021. (Jacobs, Karen) Modified on 3/23/2021 (nms). (Entered: 03/22/2021)
2021-03-22
1
DECLARATION of Lowell D. Mead re 8 Opening Brief in Support, by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Attachments: # 1 Exhibits 1-3)(Jacobs, Karen) Modified on 3/23/2021 (nms). (Entered: 03/22/2021)
2021-03-22
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Jacobs, Karen) (Entered: 03/22/2021)
2021-03-22
1
- CORRECTING ENTRY
2021-03-23
1
No Actions
SO ORDERED
2021-03-23
1
No Actions
CORRECTING ENTRY: The So Ordered entry regarding D.I. 7 has been removed as it was filed in error. (nms)
2021-03-23
1
No Actions
SO ORDERED, re 6 MOTION for Pro Hac Vice Appearance of Attorney Heidi Keefe, Reuben H. Chen, Lowell Mead, and Elizabeth Stameshkin, filed by Instagram, LLC, WhatsApp Inc., Facebook, Inc.. Signed by Judge Richard G. Andrews on 3/23/2021. (nms)
2021-03-23
1
No Actions
STIPULATION to Amend Caption by Facebook, Inc., Instagram, LLC, WhatsApp Inc.. (Clark, Cameron) (Entered: 03/29/2021)
2021-03-29
1
SO ORDERED Granting 11 Stipulation to Amend Caption. Signed by Judge Richard G. Andrews on 3/29/2021. (nms) (Entered: 03/29/2021)
2021-03-29
1
Pro Hac Vice Attorney Lowell D. Mead for Facebook, Inc., for Instagram, LLC, for WhatsApp LLC 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. (myr)
2021-03-31
1
No Actions
ANSWERING BRIEF in Opposition re 7 MOTION to Dismiss filed by EyesMatch Ltd., Memomi Labs Inc..Reply Brief due date per Local Rules is 4/12/2021. (Farnan, Brian) (Entered: 04/05/2021)
2021-04-05
1
MOTION for Pro Hac Vice Appearance of Attorney Matthew D. Powers, William P. Nelson, Natasha M. Saputo, and Gina Cremona - filed by EyesMatch Ltd., Memomi Labs Inc.. (Farnan, Brian) (Entered: 04/07/2021)
2021-04-07
1
SO ORDERED
2021-04-07
1
No Actions
SO ORDERED, re 14 MOTION for Pro Hac Vice Appearance of Attorney Matthew D. Powers, William P. Nelson, Natasha M. Saputo, and Gina Cremona, filed by EyesMatch Ltd., Memomi Labs Inc.. Signed by Judge Richard G. Andrews on 4/7/2021. (nms)
2021-04-07
1
No Actions
Add Attorneys - PHV only
2021-04-08
1
No Actions
Pro Hac Vice Attorneys Matthew D. Powers, William P Nelson, Natasha M. Saputo, Gina Cremona for EyesMatch Ltd. and Memomi Labs Inc. 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. (kmd)
2021-04-08
1
No Actions
REPLY BRIEF re 7 MOTION to Dismiss filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC. (Clark, Cameron) (Entered: 04/12/2021)
2021-04-12
1
Letter to The Honorable Richard G. Andrews, from Brian E. Farnan, regarding request for Rule 16 Conference. (Farnan, Brian) Modified on 4/27/2021 (nms). (Entered: 04/26/2021)
2021-04-26
1
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 5/28/2021, at 10:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 4/28/2021. (nms) (Entered: 04/28/2021)
2021-04-28
1
Letter to The Honorable Richard G. Andrews, from Brian E. Farnan, regarding dial in for May 28, 2021, Scheduling Conference. (Farnan, Brian) Modified on 4/29/2021 (nms). (Entered: 04/28/2021)
2021-04-28
1
NOTICE OF SERVICE of (i) EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production to Facebook, Inc., (Nos. 1-63); (ii) EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production to Instagram, LLC (Nos. 1-48); and (iii) EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production to WhatsApp LLC (Nos. 1-37) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 05/07/2021)
2021-05-07
1
PROPOSED Scheduling Order, by EyesMatch Ltd., Memomi Labs Inc.. (Attachments: # 1 Letter)(Farnan, Brian) Modified on 5/26/2021 (nms). (Entered: 05/26/2021)
2021-05-26
1
Telephone Conference
2021-05-28
1
No Actions
Minute Entry for proceedings held before Judge Richard G. Andrews - Rule 16(b) Telephone Scheduling Conference held on 5/28/2021. Counsel for Plaintiffs: B. Farnan. Counsel for Defendants: K. Jacobs. A Jury Trial is scheduled to begin on 10/2/2023 at 9:30 A.M. A Pretrial Conference will be held on 9/22/2023 at 8:30 A.M. (Court Reporter Heather Triozzi.) (lak)
2021-05-28
1
No Actions
NOTICE OF SERVICE of (1) Defendants' First Request for Production of Documents and Things to Plaintiffs (Set One, Nos. 1-11); and (2) Defendants' First Set of Interrogatories to Plaintiffs (Nos. 1-4) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Jacobs, Karen) (Entered: 06/02/2021)
2021-06-02
1
Add Attorneys - PHV only
2021-06-03
1
No Actions
Pro Hac Vice Attorney Reuben H. Chen for Facebook, Inc., for Instagram, LLC, for WhatsApp LLC 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. (myr)
2021-06-03
1
No Actions
PROPOSED Scheduling Order, by EyesMatch Ltd., Memomi Labs Inc.. (Attachments: # 1 Letter)(Farnan, Brian) Modified on 6/4/2021 (nms). (Entered: 06/04/2021)
2021-06-04
1
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 10/9/2021. Amended Pleadings due by 10/9/2021. Fact Discovery completed by 10/28/2022. Dispositive Motions due by 5/5/2023. Joint Claim Construction Brief due by 3/18/2022. A Pretrial Conference is set for 9/22/2023, at 8:30 AM in Courtroom 6A. A 5 day Jury Trial is set to start 10/2/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 6/4/2021. (nms) (Entered: 06/04/2021)
2021-06-04
1
ORAL ORDER: The case is now REFERRED to Magistrate Judge Jennifer L. Hall for all purposes through the case dispositive motion deadline. Ordered by Judge Richard G. Andrews on 6/4/2021. Motions referred to Jennifer L. Hall.(nms) (Entered: 06/04/2021)
2021-06-04
1
Pro Hac Vice Attorney Heidi L. Keefe for Facebook, Inc., Instagram, LLC, and for WhatsApp LLC 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. (sam)
2021-06-04
1
No Actions
Add Attorneys - PHV only
2021-06-04
1
No Actions
Order Referring Case to Magistrate Judge
2021-06-04
1
No Actions
Pro Hac Vice Attorney Elizabeth Stameshkin for Facebook, Inc., for Instagram, LLC,for WhatsApp LLC 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. (myr)
2021-06-04
1
No Actions
CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
2021-06-04
1
No Actions
Case Referred to Mediation - Magistrate Judge only
2021-06-04
1
No Actions
NOTICE OF SERVICE of (1) Facebook, Inc.'s Objections and Responses to EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production (Nos. 1-63), (2) Instagram, LLC's Objections and Responses to EyeMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production (Nos. 1-48), and (3) WhatsApp LLC's Objections and Responses to EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Requests for Production (Nos. 1-37) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 06/07/2021)
2021-06-07
1
ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 6/16/2021. (Taylor, Daniel)
2021-06-16
1
No Actions
Oral Order
2021-06-16
1
No Actions
Official Transcript of Teleconference held on 5/28/21 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/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 7/19/2021. Redacted Transcript Deadline set for 7/29/2021. Release of Transcript Restriction set for 9/27/2021. (Triozzi, Heather) (Entered: 06/28/2021)
2021-06-28
1
PROPOSED Stipulated Protective Order, by EyesMatch Ltd., Memomi Labs Inc.. (Farnan, Brian) Modified on 6/30/2021 (nms). (Entered: 06/29/2021)
2021-06-29
1
PROPOSED Stipulated Federal Rules of Evidence 502(d) Clawback Order, by EyesMatch Ltd., Memomi Labs Inc.. (Farnan, Brian) Modified on 6/30/2021 (nms). (Entered: 06/29/2021)
2021-06-29
1
NOTICE OF SERVICE of (i) Plaintiffs EyesMatch Ltd.'s and Memomi Labs Inc.'s Initial Disclosures; (ii) Plaintiffs EyesMatch Ltd.'s and Memomi Labs Inc.'s Initial Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for Discovery; and (iii) Plaintiffs EyesMatch Ltd.'s and Memomi Labs Inc.'s Identification of Accused Products filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 06/30/2021)
2021-06-30
1
NOTICE OF SERVICE of (1) Defendants' Initial Disclosures and (2) Defendants' ESI Related Initial Disclosures filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 06/30/2021)
2021-06-30
1
NOTICE OF SERVICE of (i) EyesMatch Ltd.'s and Memomi Labs Inc.'s Objections and Responses to Defendants' First Set of Requests for Production (Nos. 1-11) and (ii) EyesMatch Ltd.'s and Memomi Labs Inc.'s Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-4) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 07/02/2021)
2021-07-02
1
SO ORDERED, 27 Stipulated Protective Order. Signed by Judge Jennifer L. Hall on 7/8/2021. (ceg) (Entered: 07/08/2021)
2021-07-08
1
SO ORDERED, 28 Stipulated Federal Rules of Evidence 502(d) Clawback Order. Signed by Judge Jennifer L. Hall on 7/8/2021. (ceg) (Entered: 07/08/2021)
2021-07-08
1
NOTICE OF SERVICE of EyesMatch Ltd. and Memomi Labs Inc.'s Second Set of Requests for Production to Facebook, Inc. (Nos. 64-70) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 08/06/2021)
2021-08-06
1
STIPULATION Regarding Discovery, Including Electronically Stored Information by EyesMatch Ltd.. (Farnan, Brian) (Entered: 08/11/2021)
2021-08-11
1
ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion to Dismiss (D.I. 7 ) is scheduled for September 21, 2021 at 1:00 PM via video conference before Judge Jennifer L. Hall. The parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing the following information regarding oral argument on or before September 17, 2021: (1) a video conference link with instructions on how to join the conference; (2) a separate audio-only dial-in; and (3) a list of attendees for each party, specifying who will be presenting argument. Any video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall also be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than September 20, 2021. Slide presentations or demonstratives may be presented by the parties on the video conference screen or referred to by the parties at the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 8/20/2021. (ceg) (Entered: 08/20/2021)
2021-08-20
1
SO ORDERED, 35 Stipulation Regarding Discovery, Including Electronically Stored Information. Signed by Judge Jennifer L. Hall on 8/20/2021. (ceg) (Main Document 37 replaced on 8/20/2021) (ceg). (Entered: 08/20/2021)
2021-08-20
1
Order Setting Hearing on Motion
2021-08-20
1
No Actions
NOTICE of Supplemental Authority in Support of Their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Facebook, Inc., Instagram, LLC, WhatsApp LLC re 7 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Cameron) (Entered: 08/24/2021)
2021-08-24
1
NOTICE of Supplemental Authority in Support of Their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Facebook, Inc., Instagram, LLC, WhatsApp LLC re 7 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Cameron) (Entered: 08/24/2021)
2021-08-24
2
NOTICE of Supplemental Authority in Support of Their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Facebook, Inc., Instagram, LLC, WhatsApp LLC re 7 MOTION to Dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Clark, Cameron) (Entered: 08/24/2021)
2021-08-24
2
NOTICE of Subsequent Authority by EyesMatch Ltd., Memomi Labs Inc. (Attachments: # 1 Exhibit A)(Farnan, Brian) (Entered: 08/24/2021)
2021-08-24
1
NOTICE of Supplemental Authority in Support of Their Motion to Dismiss (D.I. 7 ), by Facebook, Inc., Instagram, LLC, WhatsApp LLC. (Attachments: # 1 Exhibit A)(Clark, Cameron) Modified on 8/30/2021 (nms). (Entered: 08/27/2021)
2021-08-27
1
NOTICE of Subpoena on Microsoft Corporation by Facebook, Inc., Instagram, LLC, WhatsApp LLC (Attachments: # 1 Exhibit A)(Jacobs, Karen) (Entered: 08/27/2021)
2021-08-27
1
NOTICE OF SERVICE of Initial Infringement Contentions of Plaintiffs EyesMatch Ltd. and Memomi Labs Inc. filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 08/27/2021)
2021-08-27
1
NOTICE OF SERVICE of Facebook, Inc.'s Objections and Responses to EyesMatch Ltd. and Memomi Labs Inc.'s Second Set of Requests for Production (Nos. 64-70) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 09/07/2021)
2021-09-07
1
NOTICE OF SERVICE of EyesMatch Ltd.'s and Memomi Labs Inc.'s First Supplemental Objections and Responses to Defendants' First Set of Interrogatories (Nos. 1-4) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 09/08/2021)
2021-09-08
1
NOTICE of Supplemental Authority in Support of Their Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Facebook, Inc., Instagram, LLC, WhatsApp LLC re 7 MOTION to Dismiss (Attachments: # 1 Exhibit A)(Clark, Cameron) (Entered: 09/20/2021)
2021-09-20
1
ORAL ORDER: IT IS HEREBY ORDERED that the transcript of the September 21, 2021 motion hearing by video conference shall serve as the Report and Recommendation of the Court. For the reasons stated at the hearing, I recommend that the Court GRANT in part and DENY in part Defendants' motion to dismiss (D.I. 7 ). The time to file any objections will begin once the Court has entered the written version of the Report and Recommendation. ORDERED by Judge Jennifer L. Hall on 9/21/2021. (ceg) (Entered: 09/21/2021)
2021-09-21
1
Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held by video conference on 9/21/2021 re 7 Motion to Dismiss filed by WhatsApp LLC, Instagram, LLC, Facebook, Inc. (*Court Reporter Jennifer Guy.) (ceg)
2021-09-21
1
No Actions
Motion Hearing
2021-09-21
1
No Actions
Oral Order
2021-09-21
1
No Actions
NOTICE OF SERVICE of (i) EyesMatch Ltd. and Memomi Labs Inc.'s First Set of Interrogatories to Defendants (Nos. 1-2) and (ii) EyesMatch Ltd. and Memomi Labs Inc.'s Third Set of Requests for Production to Defendants (Nos. 71-86) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 09/30/2021)
2021-09-30
1
REPORT AND RECOMMENDATION re 7 Motion to Dismiss filed by WhatsApp LLC, Instagram, LLC, Facebook, Inc. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objecti ons (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 10/15/2021). Signed by Judge Jennifer L. Hall on 10/1/2021. (ceg)
2021-10-01
1
NOTICE OF SERVICE of Defendants' Initial Invalidity Contentions filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 10/04/2021)
2021-10-04
1
ORDER: The Report and Recommendation (D.I. 48 ) is ADOPTED. Defendants' motion to dismiss (D.I. 7 ) is GRANTED-IN-PART and DENEID-IN-PART. Plaintiffs pre-suit indirect infringement claims are DISMISSED, and Defendants motion in all other respects is DENIED. Signed by Judge Richard G. Andrews on 10/19/2021. (nms) (Entered: 10/19/2021)
2021-10-19
1
NOTICE OF SERVICE of Defendants' Preliminary Disclosure of Proposed Claim Constructions and Identification of Intrinsic Evidence filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 11/01/2021)
2021-11-01
1
NOTICE OF SERVICE of (1) Defendants' Objections and Responses to EyesMatch Ltd. and Memomi Labs Inc.'s Third Set of Requests for Production (Nos. 71-86) and (2) Defendants' Objections and Responses to EyesMatch Ltd. and Memomi Lab, Inc.'s First Set of Interrogatories (Nos. 1-2) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 11/01/2021)
2021-11-01
1
ANSWER and Defenses to 1 Complaint, with Jury Demand, by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) Modified on 11/2/2021 (nms). (Entered: 11/02/2021)
2021-11-02
1
ORAL ORDER: The Markman hearing is scheduled for April 27, 2022 at 10:00 a.m. and will be conducted via video conference. The parties shall notify the Court, by joint letter submission, no later than the date on which their joint claim construction brief is filed (i) whether they request leave to present testimony at the hearing; and (ii) the amount of time they are requesting be allocated to them for the hearing. No later than 48 hours prior to the hearing, the parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing (1) a video conference link and/or instructions on how to join the conference; (2) a list of attendees for each side; and (3) a separate audio-only dial-in number. The video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 11/5/2021. (ceg) (Entered: 11/05/2021)
2021-11-05
1
~Util - Set Hearings AND Order
2021-11-05
1
No Actions
STIPULATION TO EXTEND TIME for the parties to submit the Joint Claim Construction Chart to 11/16/2021 - filed by EyesMatch Ltd., Memomi Labs Inc.. (Farnan, Michael) (Entered: 11/11/2021)
2021-11-11
1
SO ORDERED, 55 Stipulation to Extend Time for the parties to submit the Joint Claim Construction Chart to 11/16/2021. ORDERED by Judge Jennifer L. Hall on 11/12/2021. (ceg) (Entered: 11/12/2021)
2021-11-12
1
SO ORDERED
2021-11-12
1
No Actions
JOINT CLAIM Construction Chart by EyesMatch Ltd., Memomi Labs Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Farnan, Brian) Modified on 11/16/2021 (ceg). (Entered: 11/16/2021)
2021-11-16
1
NOTICE to Take Deposition of Facebook, Inc., Instagram, LLC, and WhatsApp LLC on 12/14/2021 filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 11/19/2021)
2021-11-19
1
NOTICE OF SERVICE of EyesMatch Ltd. and Memomi Labs Inc.'s Fourth Set of Requests for Production to Defendants (Nos. 87-89) filed by EyesMatch Ltd., Memomi Labs Inc..(Farnan, Brian) (Entered: 01/27/2022)
2022-01-27
1
NOTICE OF SERVICE of (1) Defendants' Responsive Claim Construction Brief, (2) Declaration of Lowell D. Mead in Support of Defendants' Responsive Claim Construction Brief, and (3) Declaration of Joseph P. Havlicek, Ph.D in Support of Defendants' Responsive Claim Construction Brief filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 01/28/2022)
2022-01-28
1
STIPULATION and [Proposed] Order Postponing Markman Hearing by Facebook, Inc., Instagram, LLC, WhatsApp LLC. (Clark, Cameron) (Entered: 02/23/2022)
2022-02-23
1
SO ORDERED, 61 Stipulation and Order Postponing Markman Hearing. The Markman Hearing has been rescheduled to October 4, 2022 at 01:00 PM before Judge Jennifer L. Hall. The parties agree to complete the pending claim construction briefing in accordance with the existing schedule. Signed by Judge Jennifer L. Hall on 2/24/2022. (ceg) (Entered: 02/24/2022)
2022-02-24
1
NOTICE OF SERVICE of Defendants' Objections and Responses to Eyesmatch Ltd. and Memomi Labs Inc.'s Fourth Set of Requests for Production (Nos. 87-89) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 02/28/2022)
2022-02-28
1
NOTICE OF SERVICE of (1) Defendants' Surreply Claim Construction Brief; (2) Declaration of Lowell D. Mead in Support of Defendants' Surreply Claim Construction Brief; and (3) Reply Declaration of Joseph P. Havlicek, Ph.D. in Support of Defendants' Surreply Claim Construction Brief filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 03/11/2022)
2022-03-11
1
JOINT Motion for Claim Construction - filed by EyesMatch Ltd., Memomi Labs Inc.. Motions referred to Jennifer L. Hall.(Farnan, Michael) Modified on 3/18/2022 (nms). (Entered: 03/18/2022)
2022-03-18
1
JOINT Claim Construction Brief, filed by Memomi Labs Inc., EyesMatch Ltd.. (Farnan, Michael) Modified on 3/18/2022 (nms). (Entered: 03/18/2022)
2022-03-18
1
APPENDIX re 66 Joint Claim Construction Brief by EyesMatch Ltd., Memomi Labs Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Farnan, Michael) (Entered: 03/18/2022)
2022-03-18
1
APPENDIX re 66 Joint Claim Construction Brief by EyesMatch Ltd., Memomi Labs Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Farnan, Michael) (Entered: 03/18/2022)
2022-03-18
2
Case No Longer Referred to Mediation - Magistrate Judge only
2022-04-04
1
No Actions
CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel)
2022-04-04
1
No Actions
CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. ยง 652(b). (Taylor, Daniel)
2022-04-04
1
No Actions
ORAL ORDER: The Markman hearing scheduled for October 4, 2022 at 1:00 p.m. will be conducted via video conference. Each side shall be allocated 90 minutes for its presentation (i.e., the total allocation of time for the hearing will be 3 hours). No later than 48 hours prior to the hearing, the parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing (1) a video conference link and/or instructions on how to join the conference; (2) a list of attendees for each side; and (3) a separate audio-only dial-in number. The video conference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than 24 hours prior to the hearing. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the video conference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 4/18/2022. (ceg) (Entered: 04/18/2022)
2022-04-18
1
Order
2022-04-18
1
No Actions
NOTICE OF SERVICE of EyesMatch Ltd. and Memomi Labs Inc.'s Fifth Set of Requests for Production to Defendants (Nos. 90-100) filed by EyesMatch Ltd..(Farnan, Brian) (Entered: 05/18/2022)
2022-05-18
1
NOTICE OF SERVICE of (1) Defendants' Objections and Responses to EyesMatch Ltd. and Memomi Labs Inc.'s Fifth Set of Requests for Production (Nos. 90-100) filed by Facebook, Inc., Instagram, LLC, WhatsApp LLC.(Clark, Cameron) (Entered: 06/17/2022)
2022-06-17
1
STIPULATION of Dismissal by EyesMatch Ltd., Memomi Labs Inc.. (Farnan, Michael) (Entered: 06/28/2022)
2022-06-28
1
SO ORDERED Granting 71 Stipulation of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 6/28/2022. (nms) (Entered: 06/28/2022)
2022-06-28
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 8,624,883 B2; US 7,948,481 B2; US 8,982,109 B2; US 8,982,110 B2. (Attachments: # 1 Order)(nms) (Entered: 06/28/2022)
2022-06-28
1