FastVDO LLC v. Harmonic Inc.

1:12-cv-01418

Overview

Case Number 1:12-cv-01418

Filing Date 2012-11-09

Status Terminated

Termination Date 2014-01-10

Court District Court, D. Delaware (ded)

Presiding Judge Richard G. Andrews

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Harmonic Inc.

Represented By

6 Attorneys Listed

Herbert H. Finn

Email: finnh@gtlaw.com

E. Patrick Ellisen

Email: ellisenp@gtlaw.com

Daniel T. McCloskey

Email: DTMcCloskey@duanemorris.com

Richard L. Horwitz

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

Gregory Erich Stuhlman

Chipman Brown Cicero & Cole, LLP

Tel: +1 (302) 468-4597

Hercules Plaza, 1313 N. Market Street

Eve H. Ormerod

Smith, Katzenstein, & Jenkins LLP

Tel: +1 (302) 652-8400

Fax: +1 (302) 652-8405

1000 West Street, Suite 1501, Wilmington, DE 19801

Plaintiff

FastVDO LLC

Represented By

6 Attorneys Listed

Marc A. Fenster

Email: mfenster@raklaw.com

Kevin P. Burke

Email: kburke@rmmslegal.com

C. Jay Chung

Email: jchung@raklaw.com

Brian E. Farnan

Farnan LLP

Tel: +1 (302) 777-0300

Fax: +1 (302) 777-0301

919 North Market Street, 12th Floor

Alexander C. D. Giza

UNDELIVERABLE EMAIL

Joseph James Farnan , III

Farnan LLP

Tel: +1 (302) 777-0300

Fax: +1 (302) 777-0301

919 North Market Street, 12th Floor

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Richard G. Andrews

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	USRE40081	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

2012-11-09

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COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

2012-11-09

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COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

2012-11-09

View

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

2012-11-09

View

FastVDO LLC v. Harmonic Inc.

Overview

Parties

Defendant

Harmonic Inc. Follow

Represented By

Plaintiff

FastVDO LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

COMPLAINT filed with Jury Demand against Harmonic Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1170207.) - filed by FastVDO LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(dmp, ) (Entered: 11/13/2012)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) (Entered: 11/13/2012)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US RE40,081 E;. (dmp, ) (Entered: 11/13/2012)

Summons Issued with Magistrate Consent Notice attached as to Harmonic Inc. on 11/13/2012. 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. (dmp, )

Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. Associated Cases: 1:12-cv-01412-RGA through 1:12-cv-01426-RGA and 1:12-cv-01428-RGA through 1:12-cv-01436-RGA (rjb)

STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to January 4, 2013 - filed by Harmonic Inc.. (Horwitz, Richard) (Entered: 11/28/2012)

SO ORDERED, re 4 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to January 4, 2013, filed by Harmonic Inc. (Reset Answer Deadlines: Harmonic Inc. answer due 1/4/2013). Signed by Judge Richard G. Andrews on 11/28/2012. (nms)

SUMMONS Returned Executed by FastVDO LLC. (Farnan, Brian) (Entered: 11/29/2012)

MOTION for Pro Hac Vice Appearance of Attorney Marc A. Fenster, Kevin P. Burke, and Alexander C.D. Giza - filed by FastVDO LLC. (Farnan, Brian) (Entered: 11/30/2012)

Pro Hac Vice Attorney Kevin P. Burke for FastVDO LLC added for electronic noticing. Associated Cases: 1:12-cv-01412-RGA et al.(els)

Pro Hac Vice Attorney Alexander C. D. Giza for FastVDO LLC added for electronic noticing. Associated Cases: 1:12-cv-01412-RGA et al.(els)

Pro Hac Vice Attorney Marc A. Fenster for FastVDO LLC added for electronic noticing. Associated Cases: 1:12-cv-01412-RGA et al.(els)

NOTICE of Appearance by Eve H. Ormerod on behalf of Harmonic Inc. (Ormerod, Eve) (Entered: 12/28/2012)

STIPULATION TO EXTEND TIME to answer or otherwise respond to the Complaint to February 4, 2013 - filed by Harmonic Inc.. (Ormerod, Eve) (Entered: 12/28/2012)

SO ORDERED, re 8 STIPULATION TO EXTEND TIME to answer or otherwise respond to the Complaint to February 4, 2013, filed by Harmonic Inc. (Reset Answer Deadlines: Harmonic Inc. answer due 2/4/2013). Signed by Judge Richard G. Andrews on 12/28/2012. (nms)

MOTION for Pro Hac Vice Appearance of Attorney E. Patrick Ellisen, Daniel T. McCloskey, Herbert H. Finn - filed by Harmonic Inc.. (Ormerod, Eve) (Entered: 01/08/2013)

SO ORDERED, re 9 MOTION for Pro Hac Vice Appearance of Attorney E. Patrick Ellisen, Daniel T. McCloskey, Herbert H. Finn filed by Harmonic Inc.. Signed by Judge Richard G. Andrews on 1/8/2013. (nms)

Pro Hac Vice Attorney Herbert H. Finn for Harmonic Inc. added for electronic noticing. (dmp, )

Pro Hac Vice Attorney Daniel T. McCloskey,E. Patrick Ellisen for Harmonic Inc. added for electronic noticing. (dmp, )

ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against FastVDO LLC by Harmonic Inc..(Stuhlman, Gregory) (Entered: 02/04/2013)

Disclosure Statement pursuant to Rule 7.1 filed by Harmonic Inc.. (Stuhlman, Gregory) (Entered: 02/12/2013)

ANSWER to 10 Answer to Complaint, Counterclaim by FastVDO LLC.(Farnan, Brian) (Entered: 02/28/2013)

CORRECTING ENTRY: The transcript filed on 3/24/2013, has been removed from the docket as it was filed in error. Associated Cases: 1:12-cv-01412-RGA et al.(nms)

NOTICE of Withdrawal of all attorneys from the law firm of Potter Anderson & Corroon LLP by Harmonic Inc. (Horwitz, Richard) (Entered: 03/26/2013)

Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 7/12/2013, at 1:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 5/31/2013. (nms) (Entered: 06/03/2013)

NOTICE requesting Clerk to remove Kevin P. Burke as co-counsel. Reason for request: No longer associated with Russ, August & Kabat. (Farnan, Brian) (Entered: 06/19/2013)

PROPOSED ORDER Scheduling Order by FastVDO LLC. (Attachments: # 1 Letter to The Honorable Richard G. Andrews)(Farnan, Brian) (Entered: 07/10/2013)

MOTION for Pro Hac Vice Appearance of Attorney C. Jay Chung - filed by FastVDO LLC. (Farnan, Brian) (Entered: 07/10/2013)

Minute Entry for proceedings held before Judge Richard G. Andrews - Scheduling Conference held on 7/12/2013. Plaintiff's counsel will re-submit final order for Court approval. (Court Reporter Leonard Dibbs.) Associated Cases: 1:12-cv-01412-RGA et al.(nms)

PROPOSED Scheduling Order, by FastVDO LLC. (Attachments: # 1 Letter to The Honorable Richard G. Andrews)(Farnan, Brian) Modified on 7/26/2013 (nms). (Entered: 07/26/2013)

CASE REFERRED to Judge Fallon for Mediation. Associated Cases: 1:12-cv-01412-RGA et al.(lih)

ORDER Setting Teleconference: Plaintiffs counsel shall initiate the call. A Telephone Conference is set for 11/14/2013 at 02:30 PM before Judge Sherry R. Fallon to discuss ADR. Signed by Judge Sherry R. Fallon on 8/7/2013. (lih) (Entered: 08/07/2013)

NOTICE OF SERVICE of Harmonic, Inc.'s Initial Disclosures Pursuant to Fed.R.Civ.P. 26(a) and Disclosure Pursuant to Paragraph 3 of Default Standard by Harmonic Inc..(Stuhlman, Gregory) (Entered: 08/12/2013)

NOTICE OF SERVICE of Plaintiff's Disclosures Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, and Delaware Default Standard for Discovery Paragraphs 3 and 4(a) by FastVDO LLC.(Farnan, Brian) (Entered: 08/12/2013)

Pro Hac Vice Attorney Jay C. Chung for FastVDO LLC added for electronic noticing. Associated Cases: 1:12-cv-01436-RGA et al.(dmp, )

PROPOSED Protective Order, by FastVDO LLC. (Farnan, Brian) Modified on 8/27/2013 (nms). (Entered: 08/26/2013)

NOTICE OF SERVICE of Plaintiff FastVDO LLC's Disclosures under Section 4(c) of the Delaware Default Standard for Discovery of Electronically Stored Information by FastVDO LLC.(Farnan, Brian) (Entered: 10/11/2013)

STIPULATION TO EXTEND TIME to EXTEND the Deadline for Defendant to disclose its Paragraph 4(d) Disclosures under the Default Standard to 11/25/2013 - filed by FastVDO LLC. (Farnan, Brian) (Entered: 11/01/2013)

SO ORDERED, re 27 STIPULATION TO EXTEND TIME to EXTEND the Deadline for Defendant to disclose its Paragraph 4(d) Disclosures under the Default Standard to 11/25/2013, filed by FastVDO LLC. Signed by Judge Richard G. Andrews on 11/4/2013. (nms)

ORAL ORDER re 21 Order Setting Teleconference - IT IS HEREBY ORDERED that the teleconference originally scheduled for November 14, 2013 at 2:30 p.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 11/13/13. (Polito, Rebecca)

STIPULATION TO EXTEND TIME for Defendant to Serve Invalidity Contentions to December 9, 2013 - filed by Harmonic Inc.. (Stuhlman, Gregory) Modified on 11/25/2013 (nms). (Entered: 11/22/2013)

SO ORDERED, re 28 STIPULATION TO EXTEND TIME for Defendant to Serve Invalidity Contentions to December 9, 2013, filed by Harmonic Inc.. Signed by Judge Richard G. Andrews on 11/25/2013. (nms)

STIPULATION TO EXTEND TIME for Defendant Harmonic Inc. to Serve Invalidity Contentions to December 23, 2013 - filed by Harmonic Inc.. (Stuhlman, Gregory) (Entered: 12/09/2013)

SO ORDERED, re 30 STIPULATION TO EXTEND TIME for Defendant Harmonic Inc. to Serve Invalidity Contentions to December 23, 2013, filed by Harmonic Inc.. Signed by Judge Richard G. Andrews on 12/9/2013. (nms)

Letter to The Honorable Richard G. Andrews from John G. Day regarding request for leave to file early summary judgment motion. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Day, John) (Entered: 12/11/2013)

CORRECTING ENTRY: Pursuant to Counsel's request, D.I. 29 has been deleted and will be re-filed. (ksr, )

Letter to The Honorable Richard G. Andrews from Brian E. Farnan regarding Response to Defendants' December 6, 2013 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Farnan, Brian) (Entered: 12/13/2013)

ORDER Granting Defendants' request for leave to file an early summary judgment motion (see Order for further details). Signed by Judge Richard G. Andrews on 12/30/2013. Associated Cases: 1:12-cv-01412-RGA et al.(nms) (Entered: 12/30/2013)

Agreed Motion To Dismiss With Prejudice - filed by FastVDO LLC, Harmonic Inc.. (Stuhlman, Gregory) Modified on 1/10/2014 (nms). (Entered: 01/10/2014)

ORDER re 34 Agreed Motion To Dismiss With Prejudice, filed by Harmonic Inc., FastVDO LLC (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 1/10/2013. (nms) (Entered: 01/10/2014)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US RE40,081 E. (Attachments: # 1 Order)(nms) (Entered: 01/10/2014)

Track Case Updates

Harmonic Inc.

FastVDO LLC