Freescale Semiconductor Inc v. Promos Technologies

4:06-cv-00491

Overview

Case Number 4:06-cv-00491

Filing Date 2006-12-07

Status Terminated

Termination Date 2008-08-04

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

Presiding Judge Richard A. Schell

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:145 Patent Infringement

Jury Demand Defendant

Parties

Plaintiff

Freescale Semiconductor Inc

Represented By

11 Attorneys Listed

Michael J Newton

Alston & Bird, LLP

Tel: +1 (214) 922-3423

Fax: +1 (214) 922-3863

2200 Ross Ave, Ste 3601

David L. Witcoff

Jones Day - Chicago

Tel: +1 (312) 782-3939

Fax: +1 (312) 782-8585

Jones Day - Chicago, 77 West Wacker Drive

Clyde Moody Siebman

Siebman Reynolds Burg & Phillips LLP

Tel: +1 (903) 870-0070

Fax: +1 (903) 870-0066

300 N Travis St, Sherman, TX 75090-0070

Jason Woodard Cook

Alston & Bird, LLP

Tel: +1 (214) 922-3407

Fax: +1 (214) 922-3899

2200 Ross Ave, Ste 3601

Stacey Garrett White

Alston & Bird, LLP

Tel: +1 (214) 922-3425

Fax: +1 (214) 922-3899

2200 Ross Ave, Ste 3601

Mary B Graham

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 351-9199

Fax: +1 (302) 658-3989

1201 N. Market St, PO Box 1341

Leozino Agozzino

Jones Day Reavis & Pogue

Tel: +1 (216) 586-1236

Fax: +1 (216) 579-0212

Jones Day Reavis & Pogue, 901 Lakeside Ave

Paul Ward Schrier

Jones Day - Dallas

Tel: +1 (214) 969-5014

Fax: +1 (214) 969-5100

Jones Day - Dallas, 2727 North Harwood Street

Kevin Patrick Ferguson

Jones Day - Chicago

Tel: +1 (312) 782-3939

Fax: +1 (312) 782-8585

Jones Day - Chicago, 77 West Wacker Drive

Brent P Ray

Jones Day - New York

Tel: +1 (212) 326-3939

Fax: +1 (212) 782-8585

Jones Day - New York, 222 E 41 Street

Marc S Blackman

Jones Day - Chicago

Tel: +1 (312) 782-3939

Fax: +1 (312) 782-8585

Jones Day - Chicago, 77 West Wacker Drive

Defendant

Promos Technologies

Represented By

5 Attorneys Listed

Steven J Routh

Orrick, Herrington & Sutcliffe LLP - Washington DC

Tel: +1 (202) 339-8400

Fax: +1 (202) 339-8500

Columbia Center, 1152 15th Street, NW

William Carroll Gooding

Gooding & Crittenden

Tel: +1 (903) 794-3125

Fax: +1 (903) 792-4708

Gooding & Crittenden, 2005 Moores Lane

Susan Margaret Cook

Hogan & Hartson - Washington

Tel: +1 (202) 637-6684

Fax: +1 (202) 637-5910

Hogan & Hartson - Washington, 555 Thirteenth St. N.W.

Sten Anker Jensen

Orrick, Herrington & Sutcliffe LLP - Washington DC

Tel: +1 (202) 339-8436

Fax: +1 (202) 339-8500

Columbia Center, 1152 15th Street, NW

William Harrison Wright

Orrick Herrington & Sutcliffe LLP - Los Angeles

Tel: +1 (213) 612-2478

Fax: +1 (213) 612-2499

777 S Figueroa St, Ste 3200

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Richard A. Schell

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

2006-12-07

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COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

2006-12-07

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COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

2006-12-07

View

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

2006-12-07

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Freescale Semiconductor Inc v. Promos Technologies

Overview

Parties

Plaintiff

Freescale Semiconductor Inc Follow

Represented By

Defendant

Promos Technologies Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

COMPLAINT for Patent Infringement against Promos Technologies ( Filing fee $ 350 receipt number 959484.), filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons)(Cook, Jason) CIVIL COVER SHEET added on 12/7/2006 (baf, ). (Entered: 12/07/2006)

Magistrate Consent Form and Notice of Case Assignment e-mailed to Freescale Semiconductor Inc (Attachments: # 1 Notice of Case Assignment) (baf, ) (Entered: 12/07/2006)

E-GOV SEALED SUMMONS Issued as to Promos Technologies. (baf, ) (Entered: 12/07/2006)

Form mailed to Commissioner of Patents and Trademarks. (baf, ) (Entered: 12/07/2006)

E-GOV SEALED SUMMONS Returned Executed by Freescale Semiconductor Inc. Promos Technologies served on 12/8/2006, answer due 12/28/2006. (baf, ) (Entered: 12/19/2006)

MOTION for Extension of Time to File Answer by Promos Technologies. (Attachments: # 1 Text of Proposed Order Order)(Gooding, William) Additional attachment(s) added on 12/29/2006 (fal, ). (Entered: 12/28/2006)

ORDER GRANTING 7 Motion for Extension of Time to Answer. It is ORDERED that dft ProMOS Technologies shall have until 1/8/2007 to respond to the Complaint in this action. Signed by Judge Richard A. Schell on 12/29/2006. (baf, ) (Entered: 12/29/2006)

ANSWER to Complaint Answer and Affirmative Defenses by Promos Technologies.(Gooding, William) (Entered: 01/08/2007)

Magistrate Consent Form Mailed to Promos Technologies (fal, ) (Entered: 01/08/2007)

ORDER TO CONDUCT RULE 26(f) CONFERENCE - Management Conference set for 3/27/2007 at 9:00 AM in Ctrm A01 (Sherman) before Judge Richard A. Schell. Rule 26 Meeting Joint Written Report due by 3/22/2007. Signed by Judge Richard A. Schell on 2/26/2007. (baf, ) (Entered: 02/26/2007)

***DEFICIENT DOCUMENT. ATTORNEY MUST REFILE*** MOTION to Withdraw as Attorney by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order)(Newton, Michael) Modified on 2/27/2007 (baf, ). (Entered: 02/27/2007)

***CORRECTED DOCUMENT REPLACES DOCUMENT #12 WHICH WAS FILED IN ERROR***MOTION to Withdraw as Attorney by Freescale Semiconductor Inc. (Attachments: ? # 1 Text of Proposed Order)(Newton, Michael) Modified on 3/1/2007 (baf, ). (Entered: 02/28/2007)

ORDER granting 13 Motion to Withdraw as Attorney. Attorney Michael J Newton terminated . Signed by Judge Richard A. Schell on 3/2/07. (ttm, ) (Entered: 03/02/2007)

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Ferguson, Kevin) (Entered: 03/22/2007)

Minute Entry for proceedings held before Judge Richard A. Schell: Scheduling Conference held by telephone on 3/27/2007. Dates were agreed to by counsel, and an order will be submitted to the court (Court Reporter Jerry Kelley.) (dlp, ) (Entered: 03/27/2007)

NOTICE of Disclosure by Freescale Semiconductor Inc Of P.R. 3-1 and 3-2 Disclosures (Ferguson, Kevin) (Entered: 04/09/2007)

ORDER - NOTICE OF SETTLEMENT CONFERENCE - The settlement conference has been scheduled for Friday, 6/8/2007 at 9:30 a.m.. The Conference will be held at the US BAnkruptcy Court, Plano, Texas. Signed by Judge Don D. Bush on 4/17/2007. (baf, ) (Entered: 04/17/2007)

NOTICE of Disclosure by Promos Technologies Defendant's Notice of Rule 26 Disclosures (Gooding, William) (Entered: 04/26/2007)

NOTICE of Disclosure by Freescale Semiconductor Inc Plaintiff's Notice of Rule 26 Disclosures (White, Stacey) (Entered: 04/26/2007)

Joint MOTION for Extension of Time to File Joint Motion for Extension of Time for Both Parties to Submit Information regarding Technical Advisors by Freescale Semiconductor Inc, Promos Technologies. (Attachments: # 1 Text of Proposed Order)(Gooding, William) (Entered: 05/29/2007)

NOTICE by Promos Technologies Defendant Promos Technologies, Inc.'s List of Proposed Technical Advisors (Attachments: # 1 Exhibit A-curriculum vitae)(Gooding, William) (Entered: 06/05/2007)

NOTICE by Freescale Semiconductor Inc Of Proposed Technical Advisors (Attachments: # 1 Exhibit A - D. Weaver CV# 2 Exhibit B - G. Methvin CV)(Ferguson, Kevin) (Entered: 06/05/2007)

MOTION for Extension of Time to Amend Pleadings and Join Additional Parties by Freescale Semiconductor Inc. (Ferguson, Kevin) Additional attachment(s) added on 6/8/2007 (baf, ). (Entered: 06/07/2007)

ORDER granting 27 Motion for Extension of Time to Amend Pleadings and to Join Additional Parties. It is ORDERED that the parties shall have unitl 6/22/2007 to amend their pleadings and to join additional parties. Signed by Judge Richard A. Schell on 6/8/2007. (baf, ) (Entered: 06/11/2007)

MOTION to Withdraw as Attorney by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order)(Cook, Jason) (Entered: 06/11/2007)

NOTICE of Attorney Appearance by Paul Ward Schrier on behalf of Freescale Semiconductor Inc (Schrier, Paul) (Entered: 06/12/2007)

ORDER granting 29 Motion to Withdraw as Attorney. Attorney Jason Woodard Cook terminated. Signed by Judge Richard A. Schell on 6/13/2007. (baf, ) (Entered: 06/13/2007)

Joint MOTION for Hearing on Protective Order by Freescale Semiconductor Inc, Promos Technologies. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order# 2 Text of Proposed Order Order)(Ferguson, Kevin) (Entered: 06/21/2007)

AMENDED ANSWER to First Amended Answer, Affirmative Defenses and Counterclaims of Defendant Promos Technologies, Inc., COUNTERCLAIM against Freescale Semiconductor Inc by Promos Technologies. (Gooding, William) (Entered: 06/22/2007)

ORDER - NOTICE OF SECOND SETTLEMENT CONFERENCE - SECOND Settlement Conference set for 8/17/2007 at 8:30 AM in Ctrm Bnkrptcy (Plano) before Magistrate Judge Don D. Bush. Signed by Judge Don D. Bush on 6/25/2007. (baf, ) (Entered: 06/25/2007)

STIPULATED PROTECTIVE ORDER. Signed by Judge Richard A. Schell on 6/26/07. (ttm, ) (Entered: 06/27/2007)

ANSWER to Counterclaim by Freescale Semiconductor Inc.(Ferguson, Kevin) (Entered: 07/12/2007)

ORDER APPOINTING TECHNICAL ADVISOR - The Court hereby appoints David B Weaver to serve as the technical advisor for the court in this case. Signed by Judge Richard A. Schell on 7/11/2007. (baf, ) (Entered: 07/12/2007)

NOTICE of Attorney Appearance by John Jesse Kendrick, Jr on behalf of Freescale Semiconductor Inc (Kendrick, John) (Entered: 07/20/2007)

NOTICE by Freescale Semiconductor Inc, Promos Technologies Joint Claim Construction and Prehearing Statement (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ferguson, Kevin) (Entered: 07/23/2007)

Consent MOTION (EXPEDITED) to Modify Page Limits for P.R. 4-5 Claim Construction Briefing by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order)(Siebman, Clyde) (Entered: 08/23/2007)

ORDER granting 41 Consent Expedited Motion to Modify Page Limits for P.R. 4-5 Claim Construction Briefing . Signed by Judge Richard A. Schell on 8/23/2007. (pad, ) (Entered: 08/23/2007)

NOTICE of Attorney Appearance by Brent P Ray on behalf of Freescale Semiconductor Inc (Ray, Brent) (Entered: 08/24/2007)

APPLICATION to Appear Pro Hac Vice by Mary B. Graham (FEE PAID). (baf, ) (Entered: 08/29/2007)

NOTICE of Hearing:Second Settlement Conference RESET for Friday 10/12/2007 09:00 AM in Ctrm Bnkrptcy (Plano) before Magistrate Judge Don D. Bush. (tls, ) (Entered: 08/31/2007)

***DISREGARD FILED IN ERROR, ATTORNEY WILL REFILE SEALED MOTION by Freescale Semiconductor Inc, Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order)(White, Stacey) Modified on 9/5/2007 (lhj, ). (Entered: 09/04/2007)

***DISREGARD ATTORNEY WILL REFILE***Sealed Appendix to Docket #48. (White, Stacey) Modified on 9/5/2007 (lhj, ). (Entered: 09/04/2007)

SEALED MOTION by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order # 2 Appendix)(White, Stacey) (Entered: 09/05/2007)

NOTICE of Attorney Appearance by Marc S Blackman on behalf of Freescale Semiconductor Inc (Blackman, Marc) (Entered: 09/07/2007)

***PLEASE IGNORE THIS DOCUMENT - ATTORNEY FILED IN ERROR***NOTICE of Attorney Appearance by William Carroll Gooding on behalf of Promos Technologies, Promos Technologies (Gooding, William) Modified on 9/10/2007 (baf, ). (Entered: 09/10/2007)

RESPONSE to Motion re 50 SEALED MOTION Defendant Promos Technologies, Inc.'s Response to Freescale's Motion for Issuance of Letters Rogatory filed by Promos Technologies. (Gooding, William) (Entered: 09/20/2007)

REPLY to Response to Motion re 50 SEALED MOTION filed by Freescale Semiconductor Inc. (White, Stacey) (Entered: 09/21/2007)

JOINT CLAIM CONSTRUCTION CHART (P.R. 4-5(d)) filed by Freescale Semiconductor Inc, Promos Technologies. (White, Stacey) Modified on 9/27/2007 (dm, ). (Entered: 09/27/2007)

RESPONSE to 59 Order, Joint Response to the Court's September 27 Order to Confer Regarding Claim Construction by Freescale Semiconductor Inc, Promos Technologies, Promos Technologies, Freescale Semiconductor Inc. (Schrier, Paul) (Entered: 10/01/2007)

NOTICE of Attorney Appearance by Susan Margaret Cook on behalf of Promos Technologies (Cook, Susan) (Entered: 10/01/2007)

RESPONSE to 60 Response to Non-Motion Regarding the Court's September 27, 2007 Order by Freescale Semiconductor Inc. (Siebman, Clyde) (Entered: 10/01/2007)

NOTICE of Attorney Appearance by William Harrison Wright on behalf of Promos Technologies, Promos Technologies (Wright, William) (Entered: 10/01/2007)

NOTICE of Attorney Appearance by Steven J Routh on behalf of Promos Technologies (Routh, Steven) (Entered: 10/02/2007)

NOTICE of Attorney Appearance by Sten Anker Jensen on behalf of Promos Technologies (Jensen, Sten) (Entered: 10/02/2007)

Minute Entry for proceedings held before Judge Richard A. Schell: Markman Hearing held on 10/3/2007. (Court Reporter Jerry Kelley.) (dm, ) (Entered: 10/04/2007)

ORDER granting 50 Sealed Motion. Signed by Judge Richard A. Schell on 10/11/2007. (baf, ) (Entered: 10/12/2007)

SEALED MOTION to Compel by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order # 2 Appendix Exs. A-R# 3 Appendix Exs. S-V# 4 Appendix Exs. W-BB# 5 Appendix Ex. CC# 6 Appendix Ex. DD# 7 Appendix Exs. EE-KK)(White, Stacey) (Entered: 10/22/2007)

MOTION for Protective Order by Promos Technologies. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Text of Proposed Order)(Gooding, William) (Entered: 10/31/2007)

RESPONSE in Opposition re 69 MOTION for Protective Order filed by Freescale Semiconductor Inc. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit)(Schrier, Paul) (Entered: 11/05/2007)

NOTICE of Hearing on Motion 69 MOTION for Protective Order: Motion Hearing set for Tuesday 11/6/2007 03:00 PM in Ctrm 208 (Sherman Federal Courthouse) before Magistrate Judge Don D. Bush. (tls, ) (Entered: 11/05/2007)

Minute Entry for proceedings held before Judge Don D. Bush : Motion Hearing held on 11/6/2007 re 69 MOTION for Protective Order filed by Promos Technologies. (Court Reporter Bryn & Associates.) (ttm, ) (Entered: 03/19/2008)

NOTICE of Attorney Appearance by Leozino Agozzino on behalf of Freescale Semiconductor Inc (Agozzino, Leozino) (Entered: 11/07/2007)

ORDER GRANTING IN PART DENYING AS IN PART 69 Motion for Protective Order. The parties are directed to agree upon suitable dates for all depositions contemplated by this order on or before 11/12/2007. Signed by Judge Don D. Bush on 11/8/2007. (baf, ) (Entered: 11/08/2007)

Freescale Semiconductor Inc

Promos Technologies

DEFICIENT DOCUMENT. ATTORNEY MUST REFILE MOTION to Withdraw as Attorney by Freescale Semiconductor Inc. (Attachments: # 1 Text of Proposed Order)(Newton, Michael) Modified on 2/27/2007 (baf, ). (Entered: 02/27/2007)

CORRECTED DOCUMENT REPLACES DOCUMENT #12 WHICH WAS FILED IN ERRORMOTION to Withdraw as Attorney by Freescale Semiconductor Inc. (Attachments: ? # 1 Text of Proposed Order)(Newton, Michael) Modified on 3/1/2007 (baf, ). (Entered: 02/28/2007)

DISREGARD ATTORNEY WILL REFILESealed Appendix to Docket #48. (White, Stacey) Modified on 9/5/2007 (lhj, ). (Entered: 09/04/2007)

PLEASE IGNORE THIS DOCUMENT - ATTORNEY FILED IN ERRORNOTICE of Attorney Appearance by William Carroll Gooding on behalf of Promos Technologies, Promos Technologies (Gooding, William) Modified on 9/10/2007 (baf, ). (Entered: 09/10/2007)

DEFICIENT DOCUMENT - ATTORNEY MUST REFILESTATUS REPORT Defendant Promos Technologies, Inc.'s Report, Pursuant to the January 30 Order, and Proposed Amended Scheduling Order by Promos Technologies. (Gooding, William) Modified on 2/11/2008 (baf, ). (Entered: 02/08/2008)