Gemstar Development v. Scientific-Atlanta

COMPLAINT filed and summons issued (complaint filed 12/4/98 in USDC CDCal (Western Div.) 2:98-cv-9781-HLH). (djh) Additional attachment(s) added on 4/11/2007 (kdw). (Entered: 06/01/1999)

1999-05-14

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AMENDED COMPLAINT by plas in 1:99-cv-01242; jury demand (filed on 12/10/98 in USDC CDCal (Western Div.)) (djh) Modified on 06/01/1999 Additional attachment(s) added on 4/11/2007 (kdw). (Entered: 06/01/1999)

1999-05-14

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ANSWER by dft in 1:99-cv-01242 to complaint [2-1] Discovery ends 2/8/00 (filed on 2/8/99 in USDC CDCal (Western Div)). (djh) Modified on 06/01/1999 (Entered: 06/01/1999)

1999-05-14

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ORDER by MDL Panel transferring 2:98-cv-9781-HLH USDC CDCal (Western Div) to 1:99-cv-1242-WBH USDC NDGa (Atlanta Div) (filed on 5/12/99 in USDC CDCal (Western Div)). (djh) Modified on 06/01/1999 (Entered: 06/01/1999)

1999-05-14

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Added attorneys for defendant: Donald A. Daucher, John Vincent DeZee, Joseph R. Bankoff and Christian Stephen Genetski. (llg) Modified on 06/18/1999

1999-05-14

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Added attorneys for plaintiffs: Roderick G. Dorman, Samir B. Armaly, David E. Killough. (llg) Modified on 06/18/1999

1999-05-14

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Original file, certified copy of transfer order and docket sheet received from USDC CDCal (Western Div), Civil Action No. 2:98-cv-9781-HLH. (djh)

1999-05-14

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Added attorneys for plaintiffs: Patrick Lynch, Kenneth R. O'Rourke. (pdw)

1999-06-17

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ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (pdw) (Entered: 06/24/1999)

1999-06-18

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Application for admission of Donald A. Daucher pro hac vice for defendant (to WBH) (djh) Modified on 07/08/1999 (Entered: 07/08/1999)

1999-06-29

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Application for admission of John V. DeZee pro hac vice for defendant (to WBH) (djh) (Entered: 07/09/1999)

1999-06-29

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Payment received $ 100.00 Receipt #: 441108 for appl phv of John V. DeZee (djh)

1999-06-29

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Payment received $ 100.00 Receipt #: 441107 for appl phv of Donald A. Daucher (djh) Modified on 07/08/1999

1999-06-29

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Certificate of interested persons by parties. (to judge) (djh)

1999-07-09

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ENDORSED ORDER on appl phv APPROVING [25-1] pro hac vice applications of David Swenson, Alexander MacKinnon, Robert Krupka, Andrew Paris, Michelle Inouye (apprv'd by CRD) (cc) (djh)

1999-07-12

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ENDORSED ORDER on appl phv APPROVING [31-1] pro hac vice application for John V. DeZee (apprv'd by CRD) (cc) (djh)

1999-07-12

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ENDORSED ORDER on appl phv APPROVING [27-1] pro hac vice application of David E. Killough (apprv'd by CRD) (cc) (djh) Modified on 07/12/1999

1999-07-12

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ENDORSED ORDER on appl phv APPROVING [30-1] pro hac vice application for Donald A. Daucher. (apprv'd by CRD) (cc) (djh)

1999-07-12

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Memo by Scientific-Atlanta in 1:98-cv-03477 re: claim construction hearing [25-1] (response to Court's request re: preparation and disc needed in connection w/Court's construction of patent claims) (djh)

1999-07-13

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Post-hearing memo by Gemstar Development, Gemstar International in 1:98-cv-03477 regarding [25-1] timing of claim construction determination (subject of status conference) (djh)

1999-07-23

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CASE MANAGEMENT ORDER by Judge Willis B. Hunt Jr., pursuant to the order of the Judicial Pannel on MDL dated 4/26/99, cases 1:98-cv-3477, 1:99-cv-1276 (transfered in from 3:98-cv-4561 ND CA), 1:99-cv-1258 (transferred in from 2:98-cv-9630 CD CA), 1:99-cv-1242 (transferred in from 2:98-cv-9781 CD CA) are before this court for pretrial proceedings only until further order of the court. The clerk will maintain a master docket and case file under the style "In re Gemstar Development Corporation Patent Litigation", master file number MDL-1274 w/in case no. 1:98-cv-3477. All pleadings bearing the caption and notation "Related to All cases" shall be filed and docketed only in the master file. Discovery shall open 2/9/00 and proceed in 3 overlapping phases until 5/10/01. See order for specific details. Discovery ends 5/10/01 in 1:98-cv-03477, in 1:99-cv-01242, in 1:99-cv-01258, in 1:99-cv-01276 (cc) (fmm) (Entered: 02/07/2000)

2000-02-02

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Attorney appearance for plaintiff by Ann Grunewald Fort (kt) (Entered: 06/30/2000)

2000-06-29

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Application for admission of Brian K. Brookey pro hac vice for Gemstar Development (to WBH) (kt) (Entered: 07/12/2000)

2000-07-07

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ENDORSED ORDER APPROVING [34-1] pro hac vice application as to Brian K. Brookey (approved by CRD) (cc) (bek)

2000-07-13

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Application for admission of David B. Sandelands Jr. pro hac vice for Gemstar Development Corp. (to WBH) (kt) (Entered: 07/28/2000)

2000-07-25

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ENDORSED ORDER by CRD APPROVING [35-1] pro hac vice application of David B. Sandelands, Jr. (cc) (cc) (kt)

2000-07-31

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Objections by Gemstar Development, Gemstar International, and Index Systems, Inc. to [172-1] hearing exhibits (filed in 98-3477). (kt) Modified on 03/23/2001 (Entered: 03/23/2001)

2001-03-23

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Reply brief to [174-1] objection in 1:98-cv-03477; [36-1] objection in 1:99-cv-01242, [63-1] objection in 1:99-cv-01258 by Gemstar International, Gemstar Development and Index Systems, Inc. 1:98-cv-03477, Gemstar Development and Index Systems, Inc. in 1:99-cv-01242; Gemstar Development and Index Systems, Inc. in 1:99-cv-01258. (kt) (Entered: 04/09/2001)

2001-04-06

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ORDER by Judge Willis B. Hunt Jr. GRANTING [156-1] motion for enforcement of the Court's 8/2/00 order and the Court's PROTO in 1:98-cv-03477, GRANTING [156-2] motion for sanctions in 1:98-cv-03477, GRANTING [134-1] motion for construction of the claims of the '815 and '272 patents in 1:98-cv-03477, GRANTING [133-1] motion for leave to file memorandum of law regarding claim construction in excess of 25 pages in 1:98-cv-03477, GRANTING [145-1] motion for leave to file memo of law regarding claim construction in excess of 25 pages in 1:98-cv-03477, GRANTING [64-3] motion for protective order in 1:99-cv-01258 and 1:98-cv-03477. A Claim Construction Order will be issued at a later date. (cc) (kt) (Entered: 07/19/2001)

2001-07-18

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ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [182-1] motion to modify the protective order; GRANTING IN PART AND DENYING IN PART [182-2] motion to compel the immediate production of License agreements. (cc) (kt) (Entered: 09/28/2001)

2001-09-27

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VACATED PER ORDER FILED 6/7/05MARKMAN ORDER by Judge Willis B. Hunt Jr.; in accordance with the Court's conclusions set forth herein, this Order resolves the disputed issues of claim construction for the '815 and '272 patents. (cc) (kt) Modified on 6/24/2005 (fmm). (Entered: 10/30/2001)

2001-10-29

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ORDER by Judge Willis B. Hunt Jr. the Court invites Scientific-Atlanta to submit its costs and expenses associated with its Motion for Enforcement of the Court's 8/2/00 Order and the Court's Protective Order and for Sanctions 156 by 01/14/02. (cc) (kt) (Entered: 12/13/2001)

2001-12-12

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Attorney appearance for Gemstar International in Index Systems, and Gemstar Development in 1:98-cv-03477, Gemstar Development and Index Systems, Inc. in 1:99-cv-01242, Gemstar Development and Index Systems, Inc. in 1:99-cv-01258, Gemstar Development, Index Systems, Inc. and Gemstar Development in 1:99-cv-01276, Gemstar-TV Guide in 1:01-cv-00406, Gemstar-TV Guide in 1:01-cv-00409, Gemstar-TV Guide in 1:01-cv-00411, Gemstar-TV Guide in 1:01-cv-02426, Gemstar Development in 1:01-cv-02426 by Steuart H. Thomsen, Gregory S. Kaufman, Ian Simmons, and Richard J. Parker. (kt) Modified on 01/11/2002 (Entered: 01/11/2002)

2002-01-10

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Applications for admission of Gregory S. Kaufman, and Steuart H. Thomsen pro hac vice for plaintiffs. (to WBH) (kt) (Entered: 01/23/2002)

2002-01-10

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Added attorney for Gemstar International, Gemstar Development, and Index Systems, Inc. 1:98-cv-03477, Gemstar Development, Index Systems, Inc. in 1:99-cv-01242, Gemstar Development, Index Systems, Inc. in 1:99-cv-01258, Gemstar Development, Index Systems, Inc. in 1:99-cv-01276, Gemstar-TV Guide in 1:01-cv-00406, Guide in 1:01-cv-00409, Gemstar-TV Guide in 1:01-cv-00411, Gemstar-TV Guide in 1:01-cv-02426, Gemstar Development in 1:01-cv-02426: Ian Simmons. (kt)

2002-01-10

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Submisson of its costs and expenses by Scientific-Atlanta, in 1:98-cv-03477, 1:99-cv-01242 and 1:99-cv-1258 in response to [203-1] order in 1:98-cv-03477, [41-1] order in 1:99-cv-01242, and [82-1] order in 1:99-cv-01258. (kt) (Entered: 01/15/2002)

2002-01-14

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PROPOSED ORDER by Judge Willis B. Hunt Jr.; the court proposes that all discovery conclude on 1/30/03, this court will consider the parties suggestions, if any, to this proposal within 5 days of the date of this Order before making a final decision. See order for additional details. (cc) (kt) (Entered: 01/16/2002)

2002-01-15

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Added attorney for Gemstar Development in 1:98-cv-03477, Gemstar Internationa in 1:98-cv-03477, Gemstar Internationa in 1:98-cv-03477, Gemstar Development in 1:99-cv-01242, Gemstar Development in 1:99-cv-01258, Gemstar Development in 1:99-cv-01258, Gemstar Development in 1:99-cv-01258, Gemstar Development in 1:99-cv-01276, Gemstar-TV Guide in 1:01-cv-00406, Gemstar-TV Guide in 1:01-cv-00409, Gemstar-TV Guide in 1:01-cv-00411, Gemstar-TV Guide in 1:01-cv-02426, Gemstar Development in 1:01-cv-02426: Gregory S. Kaufman. (kt)

2002-01-15

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ENDORSED ORDER by CRD APPROVING [45-1] pro hac vice applications of Gregory S. Kaufman and Steuart Thomsen (cc) (kt)

2002-01-28

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SCHEDULING ORDER by Judge Willis B. Hunt Jr.; (see order for details) within 10 days of the date of this order, the parties will submit to the Court a revised Case Management Order incorporating the Court's directions herein and making any additional technical changes that may be necessary. (cc) (kt) (Entered: 02/05/2002)

2002-02-04

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ORDER by Judge Willis B. Hunt Jr., imposing sanctions against Gemstar Scientific-Atlanta is entitled to receive costs and expenses incurred in association with its motion in the amount of $41,427.81; Mr. Monroe is disqualified from participating in any of the Gemstar EPG patent cases currently pending before the Court in any capacity for the duration of the litigation; for a period of one year from the date of this order, the firm of Christie Parker and Hale is disqualified from participating in any of the Gemstar EPG patent cases currently pending before the court; Christie Parker should forward any materials in its possession that are covered by the terms of the Protective Order to counsel of Gemstar's choosing within 5 days of the date of this Order. (See order for additional details) (cc) (kt) (Entered: 02/05/2002)

2002-02-04

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ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [213-1] motion for entry of order on cross-designation by Gemstar International, Index Systems, Inc., and Gemstar Development in 1:98-cv-03477. (cc) (kt) (Entered: 02/11/2002)

2002-02-08

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MOTION by plaintiffs to file excess pages limitation (to WBH) (kt) (Entered: 03/04/2002)

2002-03-01

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MOTION by plaintiffs in 1:99-cv-01242, and defendants Gemstar International, Gemstar Development, and Index Systems in 1:98-cv-03477 for partial summary judgment FILED UNDER SEAL are the brief in support, stmt. of undisputed material facts, and appendix Volumes I, II, III. (cc w/ntc. to all counsel) (kt) Modified on 03/04/2002 (Entered: 03/04/2002)

2002-03-01

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Certification of Consent to Substitution of Counsel for defendant Gemstar Internationa in 1:98-cv-03477, defendant Gemstar Development in 1:98-cv-03477, defendant Index Systems, Inc. in 1:98-cv-03477, plaintiff Gemstar Development in 1:99-cv-01242, plaintiff Index Systems, Inc. in 1:99-cv-01242, plaintiff Gemstar Development in 1:99-cv-01258, plaintiff Index Systems, Inc. in 1:99-cv-01258, counter-defendant Gemstar Development in 1:99-cv-01258, counter-defendant Index Systems, Inc. in 1:99-cv-01258, counter-defendant Index Systems, Inc. in 1:99-cv-01258, defendant Gemstar-TV Guide in 1:01-cv-02426, defendant Gemstar Development in 1:01-cv-02426, defendant TV Guide, Inc. in 1:01-cv-02426, defendant Starsight Telecast in 1:01-cv-02426, counter-claimant Starsight Telecast in 1:01-cv-02426. John L. North, Carrie A. Hanlon, Steuart H. Thomsen, Gregory S. Kaufman, Duane H. Mathiowetz, K.T. Cherian, George M. Schwab, Byron W. Cooper, Richard G. Parker, Ian Simmons, Theodore H. Frank, and David A. Applebaum replacing attorney Brian K. Brookey for Gemstar Internationa in 1:98-cv-03477, attorney Ann Grunewald Fort for Gemstar Internationa in 1:98-cv-03477, attorney Robert G. Badal for Gemstar Internationa in 1:98-cv-03477, attorney Julian D. Fleming for Gemstar Internationa in 1:98-cv-03477, attorney Julian D. Fleming for Gemstar Internationa in 1:98-cv-03477, attorney Robert G. Badal for Gemstar Internationa in 1:98-cv-03477, attorney Ann Grunewald Fort for Gemstar Internationa in 1:98-cv-03477, attorney Brian K. Brookey for Gemstar Internationa in 1:98-cv-03477, attorney David A. Dillard for Gemstar Internationa in 1:98-cv-03477, attorney Wesley W. Monroe for Gemstar Internationa in 1:98-cv-03477, attorney James E. Doroshow for Gemstar Internationa in 1:98-cv-03477, attorney Morris Waisbrot for Gemstar Development in 1:98-cv-03477, attorney William F. Haigney for Gemstar Development in 1:98-cv-03477, attorney Ann Grunewald Fort for Gemstar Development in 1:98-cv-03477, attorney David A. Dillard for Gemstar Development in 1:98-cv-03477, attorney Wesley W. Monroe for Gemstar Development in 1:98-cv-03477, attorney James E. Doroshow for Gemstar Development in 1:98-cv-03477, attorney Julian D. Fleming for Gemstar Development in 1:98-cv-03477, attorney Morris Waisbrot for Index Systems, Inc. in 1:98-cv-03477, attorney William F. Haigney for Index Systems, Inc. in 1:98-cv-03477, attorney Ann Grunewald Fort for Index Systems, Inc. in 1:98-cv-03477, attorney David A. Dillard for Index Systems, Inc. in 1:98-cv-03477, attorney Wesley W. Monroe for Index Systems, Inc. in 1:98-cv-03477, attorney James E. Doroshow for Index Systems, Inc. in 1:98-cv-03477, attorney Julian D. Fleming for Index Systems, Inc. in 1:98-cv-03477 . (kt) Modified on 03/14/2002 (Entered: 03/14/2002)

2002-03-13

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Notice to take the 30(b)(6) depositions of Gemstar Parties by plaintiff in 1:98-cv-03477, and defendant in 1:99-cv-01242. (kt) (Entered: 03/21/2002)

2002-03-20

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ORDER by Judge Willis B. Hunt Jr. in 1:98-cv-03477 DIRECTING the Clerk to terminate 231 motion. (cc) (kt) (Entered: 04/02/2002)

2002-04-01

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MOTION by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 to file excess pages limitation (ldn) (Entered: 04/09/2002)

2002-04-05

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CROSS MOTION by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 for summary judgment of non-infringement of all claims of the '815 and '272 patents (notice sent to counsel) (ldn) (Entered: 04/09/2002)

2002-04-05

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Response by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 in opposition to [225-1] motion for partial summary judgment in 1:98-cv-03477 and [50-1] motion for partial summary judgment in 1:99-cv-01242 and in support of [241-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents in 1:98-cv-03477 and [55-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents in 1:99-cv-01242 w/statment of undisputed material facts (FILED UNDER SEAL) (ldn) Modified on 04/09/2002 (Entered: 04/09/2002)

2002-04-05

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Response by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 to Gemstar's undisputed material facts in support of [225-1] motion for partial summary judgment in 1:98-cv-03477, [50-1] motion for partial summary judgment in 1:99-cv-01242. (FILED UNDER SEAL) (ldn) (Entered: 04/09/2002)

2002-04-05

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Notice of [241-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents by Scientific-Atlanta,, Scientific-Atlanta, filed 4/5/02 in 1:98-cv-03477, [55-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents by Scientific-Atlanta,, Scientific-Atlanta, filed 4/5/02 in 1:99-cv-01242 mailed 4/9/02. (ldn)

2002-04-09

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SUBMITTED to Judge Willis B. Hunt Jr. on [49-1] motion to file excess pages limitation, [50-1] motion for partial summary judgment (fmm)

2002-04-10

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MOTION by defendant in 1:99-cv-01242 to dismiss duplicative Federal litigation with memorandum in support. (ldn) (Entered: 04/19/2002)

2002-04-18

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ORDER by Judge Willis B. Hunt Jr. DENYING [221-1] motion for reconsideration of [214-1] order in 1:98-cv-03477 (cc) (fmm) (Entered: 04/25/2002)

2002-04-22

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Memorandum by GemStar in 1:99-cv-01242 in opposition to Scientific-Atlanta's [58-1] motion dismiss California Infringement Action (ldn) Modified on 05/22/2002 (Entered: 05/03/2002)

2002-05-02

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SUBMITTED to Judge Willis B. Hunt Jr. on [58-1] motion to dismiss duplicative Federal litigation. (file in chambers) (ldn)

2002-05-03

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SUBMITTED to Judge Willis B. Hunt Jr. on [54-1] motion to file excess pages limitation (File in Chambers) (fmm)

2002-05-03

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SUBMITTED to Judge Willis B. Hunt Jr. on [55-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents (response filed under seal in 1:98-cv-3477) (FILE IN CHAMBERS) (ck)

2002-05-09

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MOTION by Gemstar Development in 1:98-cv-03477, 1:99-cv-01242, and in 1:99-cv-01258 relating to expert discovery portion of the "amended case management order" with memorandum in support. (ldn) (Entered: 05/20/2002)

2002-05-13

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Reply brief in support of [58-1] motion to dismiss duplicative Federal litigation by defendant (ldn) (Entered: 05/17/2002)

2002-05-16

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Notice of original declaration of Dr. Philip Faillace by Gemstar International, Gemstar Development and Index Systems in cases no. 1:98-cv-3477, 1:99-cv-1242, and 1:99-cv-1258. (ldn) (Entered: 05/21/2002)

2002-05-17

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining screening mechanisms concerning representation of Gemstar by the firm Sutherland, Asbill & Brennan (see order for specifics) (cc) (fmm) (Entered: 05/24/2002)

2002-05-21

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MOTION by Scientific Atlanta, Inc. to file reply brief in excess of 25 pages with memorandum in support. (to WBH) (ldn) (Entered: 05/28/2002)

2002-05-23

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ORDER by Judge Willis B. Hunt Jr. DENYING [58-1] motion to dismiss duplicative Federal litigation by Scientific-Atlanta (cc) (fmm) (Entered: 05/30/2002)

2002-05-23

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Response by Scientific Atlanta to [260-1] motion to defer briefing & ruling on cross-motions for summary judgment pending completion of additional discovery & the Supreme Court's ruling in Festo pursuant to Fed.R.Civ.P. 16 & 56(f) in 1:98-cv-03477 and 1:99-cv-1242. (FILED UNDER SEAL) (ldn) (Entered: 06/03/2002)

2002-05-23

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Joint MOTION by Scientific-Atlanta, Pioneer Electronic, Pioneer North, and Pioneer New Media to exclude Gemstar's experts for willful violation of the amended case management order (contained within the joint response to Gemstar's motion relating to expert discovery) (ldn) (Entered: 06/04/2002)

2002-05-28

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Terminated submissions. (fmm)

2002-05-30

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REPLY to response to [260-1] motion to defer briefing & ruling on cross-motions for summary judgment pending completion of additional discovery & the Supreme Court's ruling in Festo pursuant to Fed.R.Civ.P. 16 & 56(f) (ldn) (Entered: 06/19/2002)

2002-06-07

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ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART 260 motion to compel filed in 98-cv-3477. (cc) (ldn) (Entered: 06/19/2002)

2002-06-10

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Notice of change of address for counsel by Scientific-Atlanta in 98-cv-3477 and 1:99-cv-01242. (ldn) (Entered: 06/20/2002)

2002-06-13

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SUBMITTED to Judge Willis B. Hunt Jr. on [62-1] motion relating to expert discovery portion of the "amended case management order", [65-1] motion to file reply brief in excess of 25 pages. (FILE IN CHAMBERS) (ldn)

2002-06-18

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Notice of Gemstar parties' Rule 26(e)(1) supplementation by Index Systems, Inc., Gemstar Development, and Gemstar International. (ldn) (Entered: 07/03/2002)

2002-07-01

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ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [62-1] motion relating to expert discovery portion of the "amended case management order" by Gemstar Development, Gemstar Development, Gemstar Development, DENYING [68-1] joint motion to exclude Gemstar's experts for willful violation of the amended case management order by Pioneer New Media, Pioneer North, Pioneer Electronic, Scientific-Atlanta, (cc) (ldn) (Entered: 07/03/2002)

2002-07-02

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ORDER by Judge Willis B. Hunt Jr. assigning briefing schedules for patent groups I and II. Schedules for groups III and IV will be provided at a later date. (see order for details) (cc) (ldn) (Entered: 07/29/2002)

2002-07-19

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ORDER by Judge Willis B. Hunt Jr. appointing Mr. Gale R. Peterson as Special Master to the case (see order for details) (cc) (ldn) (Entered: 08/02/2002)

2002-07-26

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AMENDED MARKMAN BRIEFING SCHEDULE by Special Master Gale R. Peterson (fmm) (Entered: 08/20/2002)

2002-08-19

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VACATED PER ORDER FILED 6/7/05ORDER by Judge Willis B. Hunt Jr. DENYING [225-1] motion for partial summary judgment by Index Systems, Inc., Gemstar Development, Gemstar Internationa, Index Systems, Inc., Gemstar Development in 1:98-cv-03477, DENYING [50-1] motion for partial summary judgment by Index Systems, Inc., Gemstar Development, Gemstar Internationa, Index Systems, Inc., Gemstar Development in 1:99-cv-01242, DENYING [99-1] motion for partial summary judgment that Poineer's Voyager BD_V1000 Series Digital Set-Top Box Implemented with Passport Software Literally Infringed Claim 1 of the '815 Patent by Index Systems, Inc. Gemstar Development in 1:99-cv-01258, GRANTING [241-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents in 1:98-cv-03477, GRANTING [55-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents in 1:99-cv-01242, GRANTING [246-1] motion for summary judgment that the BD-V1000 series set-top box does not infringe any claim of the '815 or '272 patents in 1:98-cv-03477, GRANTING [103-1] motion for summary judgment that the BD-V1000 series set-top box does not infringe any claim of the '815 or '272 patents in 1:99-cv-01258, GRANTING [224-1] motion to file excess pages limitation in its supporting mem of its mtn for psumjgm. in 1:98-cv-03477, GRANTING [240-1] motion to file excess pages limitation in 1:98-cv-03477, GRANTING [54-1] motion to file excess pages limitation in 1:99-cv-01242, GRANTING [245-1] motion to file excess pages limitation in 1:98-cv-03477, GRANTING [102-1] motion to file excess pages limitation in 1:99-cv-01258, GRANTING [261-1] motion to file brief in response to motions for summary judgment & partial summary judgment in excess of the page limitation in 1:98-cv-03477, GRANTING [270-1] motion to file reply brief in excess of 25 pages in 1:98-cv-03477, GRANTING [65-1] motion to file reply brief in excess of 25 pages in 1:99-cv-01242, GRANTING [49-1] motion to file excess pages limitation in 1:99-cv-01242, GRANTING [98-1] motion to file excess pages limitation in 1:99-cv-01258, GRANTING [112-1] motion to file excess pages in their reply memorandum in support of their cross-motion for summary judgment in 1:99-cv-01258 (cc) (FILED UNDER SEAL) (fmm) Modified on 6/24/2005 (fmm). (Entered: 08/30/2002)

2002-08-30

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Terminated submissions. (fmm)

2002-08-30

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining screening mechanisms concerning continued representation of Gemstar by the firm Sutherland, Asbill & Brennan due to the employment of Atty Silverio (cc) (fmm) (Entered: 09/10/2002)

2002-09-10

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Oral Argument HEARING HELD on 8/15/02 on pending motions for sum jgm before Judge Willis B. Hunt Jr. (FILED UNDER SEAL) (fmm) (Entered: 09/11/2002)

2002-09-10

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ORDER by Judge Willis B. Hunt Jr. AMENDING the [220-1] Amended Case Management order so that dispositive motions concerning the Reiter '578 Patent and the Hallebeck '211 and '357 Patents must be filed w/in 30 days of the court's issuance of a claim construction order for these three patents. (cc) (fmm) (Entered: 09/26/2002)

2002-09-25

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ORDER by Judge Willis B. Hunt Jr. GRANTING [375-1] motion filed in 1:98-cv-3477 to postpone the deadline for motions for sum jgm relating to the invalidity and unenforceability of the '815 and '272 patents. The sum jgm motions must be filed w/in 30 days of the following, whichever occurs first: the court grants Gemstar's pending motion for reconsideration re: the '815 and '272 patents, the court denies any additional motions for sumjgm re: the remaining products involving the '815 and '272 patents or the USCA for the Fed Circuit reverses the court's sum jgm orders and remands for further proceedings. (cc) (fmm) (Entered: 09/26/2002)

2002-09-25

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ORDER by Judge Willis B. Hunt Jr. DENYING [359-1] motion for reconsideration of [350-1] order filed in 1:98-cv-03477 (cc) (fmm) (Entered: 09/27/2002)

2002-09-26

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MOTION by Scientific-Atlanta for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents with brief in support and statement of material facts. (BRIEF AND STATEMENT OF MATERIAL FACTS FILED UNDER SEAL) (notice sent to counsel) (fmm) (Entered: 10/01/2002)

2002-09-30

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ORDER by Judge Willis B. Hunt Jr. DIRECTING Gemstar to respond to [395-1] motion for summary judgment in 1:98-cv-03477, [83-1] motion for summary judgment in 1:99-cv-01242, [396-1] motion for summary judgment in 1:98-cv-03477 and [146-1] motion for summary judgment in 1:99-cv-01258 by 10/15/02 and Scientific-Atlanta and Pioneer to file any reply briefs by 10/21/02. [395-1] motion, [396-1] motion, [83-1] motion and [146-1] motion to be submitted on 10/16/02 (cc) (fmm) (Entered: 10/02/2002)

2002-10-02

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ORDER by Judge Willis B. Hunt Jr. GRANTING [379-1] joint motion to amend [220-1] order in 1:98-cv-03477. Although the firm deadlines remain in full force and effect for filing dispositive motions concerning all issues other than patent issues, the parties are free to move the expert witness deadlines as requested. (cc) (fmm) (Entered: 10/02/2002)

2002-10-02

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Response by Gemstar Internationa, Gemstar Development and Index Systems, Inc. in opposition to [395-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:98-cv-03477 and in opposition to [83-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:99-cv-01242, w/statement of facts in response to statement of material facts and declaration of Dr. Philip Faillace (FILED UNDER SEAL) (fmm) Modified on 10/21/2002 (Entered: 10/21/2002)

2002-10-18

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Reply brief to [395-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:98-cv-03477, [83-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:99-cv-01242 by Scientific-Atlanta (FILED UNDER SEAL) (fmm) (Entered: 10/24/2002)

2002-10-22

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SUBMITTED to Judge Willis B. Hunt Jr. on [83-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents (File in Chambers) (fmm)

2002-10-22

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No Actions

VACATED PER ORDER FILED 6/7/05ORDER by Judge Willis B. Hunt Jr. GRANTING [395-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:98-cv-03477, GRANTING [83-1] motion for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents in 1:99-cv-01242, GRANTING [396-1] motion for summary judgment that the BD-V3000, BA-V2000 and BA-V1000 series set-top boxes do not infringe any claim of the '815 or '272 patents in 1:98-cv-03477, GRANTING [146-1] motion for summary judgment that the BD-V3000, BA-V2000 and BA-V1000 series set-top boxes do not infringe any claim of the '815 or '272 patents in 1:99-cv-01258, GRANTING [418-1] motion to extend time thru 10/18/02 to respond to [395-1] motion for summary judgment and [396-1] motion for summary judgment in 1:98-cv-03477 in 1:99-cv-01258 (cc) (fmm) Modified on 6/24/2005 (fmm). (Entered: 11/04/2002)

2002-11-01

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Terminated submissions. (fmm)

2002-11-01

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SCHEDULING ORDER by Judge Willis B. Hunt Jr. ORDERING that the current schedule set forth in the Amended Case Management order shall be maintained as to all the MDL cases other than Pegasus Development v. DIRECTV. With respect to Thomsons claims, the deadlines are as follows: counterclaim dfts must respond to Thomson's Second Amended Counterclaim and Amended 3d Party Complaint by 1/6/03, deadline for initial disclosure of experts is 2/18/03, expert reports are due 3/17/03, rebuttal expert reports are due 4/14/03, expert depos will take place from 5/5/03-5/23/03, all discovery must be completed by 6/6/03, dispositive motions are due 7/3/03. Futher, w/in 10 days of this order, parties shall submit a revised Amended Case Management Order incorporating the court's directions and any additional technical changes that may be necessary. (cc) (fmm) (Entered: 12/18/2002)

2002-12-18

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ORDER by Judge Willis B. Hunt Jr. GRANTING [530-1] motion to clarify two deadlines, GRANTING [530-2] motion for reconsideration of two deadlines. The deadline for filing sum jgm motions re: the non-Thomson antitrust and misuse claims is 3/14/03. Discovery on damages arising out of the Thomson claims shall be postponed until after the court resolves the dispositive motions. The dispostive motions in the Pegasus action must be filed by 7/3/03. (cc) (fmm) (Entered: 01/27/2003)

2003-01-24

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ORDER by Judge Willis B. Hunt Jr. DENYING AS MOOT [483-1] motion to compel Scientific-Atlanta to designate a witness in response to Gemstar's 10/11/02 notice of taking depo pursuant to FRCP 30(b)(6) in 1:98-cv-03477, GRANTING [484-1] motion to compel testimony of Scientific-Atlanta corporate representatives in 1:98-cv-03477, GRANTING [502-1] motion to compel depo of Jonathan Orlick in 1:98-cv-03477, DENYING [507-1] motion for protective order re: depo of Jonathan Orlick by Gemstar Internationa in 1:98-cv-03477 (cc) (fmm) (Entered: 01/30/2003)

2003-01-29

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REPLY by Scientific-Atlanta to Gemstar's opposition to [466-1] motion for summary judgment of non-infringement of all claims of the '357 Patent and Claim 1 of the '211 Patent in 1:98-cv-03477 (FILED UNDER SEAL) (fmm) (Entered: 01/30/2003)

2003-01-29

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Reply brief to [465-1] motion for summary judgment of non-infringement of all claims of the '578 patent in 1:98-cv-03477 by Scientific-Atlanta (FILED UNDER SEAL) (fmm) (Entered: 01/30/2003)

2003-01-29

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining the screening mechanisms to be implemented so that the firm Rogers & Hardin, LLP may employ Atty Hill and continue its represenation of Pioneer in the Gemstar Litigation. (cc) (fmm) (Entered: 03/06/2003)

2003-03-05

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining the screening mechanisms to be implemented so that the firm King & Spalding may employ Atty Pavento and continue its represetation of Scientific-Atlanta in the Gemstar Litigation (cc) (fmm) (Entered: 03/17/2003)

2003-03-17

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining the screening mechanisms to be implemented so that the firm Sutherland Asbill & Brennan may employ Mr. Sherman and continue its reprsentation of Gemstar in the Gemstar Litigation. (cc) (fmm) (Entered: 03/27/2003)

2003-03-27

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Notice of withdrawal of atty Erinn C. Kelly as counsel for Gemstar Internationa, Gemstar Development, Index Systems, Inc., TV Guide, Inc. and Starsight Telecast (fmm) (Entered: 04/14/2003)

2003-04-11

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Notice of substitution, withdrawal and clarification of counsel for Gemstar International, Gemstar Development, Index Systems, TV Guide and StarSight Telecast. Current counsel of record is John North, Jeffrey Toney, Ann Fort, George M. Schwab, Byron Cooper, Richard Parker, Ian Simmons, Theodore Frank, David Applebaum, Morris Waisbrot, William Haigney, David Kikel, Sten Jensen, James L. Quarles, James E. Doroshow. Withdrawn counsel is Erinn Kelly, Carrie Hanlon, David Dillard, Wesley Monroe, Brian Brookey, David Sandelands, Patrick Schoenburg, Robert Badal, George Matava, Brian Carpenter. (fmm) (Entered: 05/12/2003)

2003-05-09

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ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [523-1] motion for protective order re: requests for admission more properly addressed during the pretrial phases of the cases, DENYING [539-1] motion to compel Gemstar to respond to Pioneer's fouth set of Phase II requests for admission (nos. 243-535) in 1:98-cv-3477, DENYING [157-1] motion to compel Gemstar to respond to Pioneer's fouth set of Phase II requests for admission (nos. 243-535) in 1:99-cv-01258, DENYING [556-1] motion to compel Gemstar to respond to Pioneer's fifth set of Phase II requests for admission (nos. 536-1561), sixth set of Phase II requests for admission (nos. 1562-2213), and seventh set of Phase II requests for admission (nos. 2214-2569) in 1:98-cv-03477, DENYING [160-1] motion to compel Gemstar to respond to Pioneer's fifth set of Phase II requests for admission (nos. 536-1561), sixth set of Phase II requests for admission (nos. 1562-2213), and seventh set of Phase II requests for admission (nos. 2214-2569) in 1:99-cv-01258, DENYING [549-1] motion to compel the production of documents and responses to requests for admission from Gemstar in 1:98-cv-03477, DENYING [210-1] motion to compel the production of documents and responses to requests for admission from Gemstar in 1:01-cv-02426 (cc) (fmm) (Entered: 07/21/2003)

2003-07-21

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ORDER by Judge Willis B. Hunt Jr. GRANTING [532-1] motion to compel Pioneer to produce documents that have been improperly withheld on the grounds of third-party confidentiality pursuant to FRCP 37 in 1:98-cv-03477 (cc) (fmm) (Entered: 07/23/2003)

2003-07-23

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ORDER by Judge Willis B. Hunt Jr. GRANTING [576-1] motion to compel S-A to designate a witness in response to Gemstar's depo notice of 1/8/03 in 1:98-cv-03477 (cc) (ck) (Entered: 07/30/2003)

2003-07-28

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Notice of withdrawal of atty James E. Doroshow, David Dillard, Wesley Monroe, Brian Brookey and David Sandelands as counsel for by Gemstar Internationa, Gemstar Development, Index Systems, Inc., TV Guide and StarSight Telecast (fmm) (Entered: 10/02/2003)

2003-09-29

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ORDER by Judge Willis B. Hunt Jr. DENYING [712-1] motion for reconsideration of [701-1] order by Index Systems, Inc., Gemstar Development, Gemstar Internationa in 1:98-cv-03477, DENYING [712-2] motion for clarification of the [701-1] order granting sum jgm on non-infringement re: the Reiter '578 patent by Index Systems, Inc., Gemstar Development, Gemstar Internationa in 1:98-cv-03477 (cc) (fmm) (Entered: 01/15/2004)

2004-01-14

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ORDER by Judge Willis B. Hunt Jr. GRANTING [718-1] motion to compel the testimony of Jonathan Orlick in 1:98-cv-03477, GRANTING IN PART AND DENYING IN PART [748-1] motion for protective order by Jonathan Orlick in 1:98-cv-03477, DENYING [733-1] motion for oral hearing on S-A's further motion to compel the testimony of Jonathan Orlick by Index Systems, Inc., Gemstar Development, Gemstar Internationa in 1:98-cv-03477 (cc) (fmm) (Entered: 01/16/2004)

2004-01-16

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ORDER by Judge Willis B. Hunt Jr. DENYING [743-1] motion for contempt redressing S-A's violation of this court's /28/03 order to provide 30(b)(6) disocvery by Gemstar Internationa in 1:98-cv-03477, DENYING [743-2] motion for an order scheduling a depo of Greg Durden and a round of supplementary expert discovery by Gemstar Internationa in 1:98-cv-03477. Gemstar's responses to S-A's pending motions for sum jgm are due 2/6/04. (cc) (fmm) (Entered: 01/22/2004)

2004-01-22

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining the screening mechanisms to be implemented so that the firm Sutherland Asbill & Brennan may employ Mr. Vo and continue its representation of Gemstar in the Gemstar Litigation. (cc) (fmm) (Entered: 02/05/2004)

2004-02-04

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Added attorney Maria K. Vento for Gemstar Development, Gemstart International, Index Systems, TV Guide and StarSight Telecast (fmm)

2004-02-17

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Added attorney Mark G. Matuschak, Richard W. O'Neill and John Golden for Gemstar International Group, Gemstar Development Corp, Index Systems, TV Guide and StarSight Telecast (fmm)

2004-02-20

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No Actions

ORDER by Judge Willis B. Hunt Jr. GRANTING [609-1] motion for partial summary judgment dismissing plas' sham litigation claims in 1:98-cv-03477 (cc) (fmm) (Entered: 03/15/2004)

2004-03-12

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ORDER by Judge Willis B. Hunt Jr. GRANTING [608-1] motion for partial summary judgment dismissing plas' advertising tying claims in 1:98-cv-03477, GRANTING [607-1] motion for partial summary judgment dismissing plas' claims re: an alleged patent-product tie in 1:98-cv-03477 (cc) (fmm) (Entered: 03/24/2004)

2004-03-24

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Respones and Objections by Scientific-Atlanta to Gemstar's first damages phase notice of taking depo of S-A pursuant to FRCP 30(b)(6) (fmm) (Entered: 05/17/2004)

2004-05-14

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SCHEDULING ORDER by Judge Willis B. Hunt Jr. that S-A must submit its initial expert damages report by 7/30/04; damages discovery will conclude on 11/15/04; Gemstar must submit its expert report by 12/10/04; expert deps must be completed by 1/15/05; and dispositive motions must be filed by 3/4/05. (cc) (fmm) (Entered: 05/18/2004)

2004-05-17

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CONSENT ORDER by Judge Willis B. Hunt Jr. outlining the screening mechanisms to be implemented so that the firm King & Spalding may employ Mr. Kaplan and continue its representation of Scientific-Atlanta in the Gemstar Litigation. (cc) (fmm) (Entered: 06/04/2004)

2004-06-04

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Certificate of service by Scientific-Atlanta re: service of supplemental responses to Gemstar's first set of damages phase interrogatories (fmm) (Entered: 07/02/2004)

2004-07-01

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ORDER by Judge Willis B. Hunt Jr. inviting S-A to re-urge its motion to dismiss case number 1:99-cv-1242 and asks the parties to address in their briefs the question re: trail location in GA or CA. (cc) (fmm) (Entered: 07/06/2004)

2004-07-06

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ORDER DENYING Gemstar's Motion for Judgment pursuant to FRCP 54(b) for separate entry of final jgm on Counts 1-5 of Gemstar's counterclaim to S-A's third amended complaint filed in 1:98-cv-3477. Signed by Judge Willis B. Hunt Jr. on 7/16/04. (fmm) (Entered: 07/17/2004)

2004-07-16

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RESPONSE to 113 Order filed by Scientific-Atlanta, Inc. (fmm) (Entered: 07/28/2004)

2004-07-23

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CONSENT ORDER amending the 5/17/04 order. The scheduled is motified as follows: S-A must submit initial expert damages report by 8/16/04; damages discovery will conclude on 12/15/04; Gemstar must submit its expert report by 1/10/05; expert depos must be completed by 2/15/05; and dispositive motions, if any, must be filed and served by 4/4/05. Signed by Judge Willis B. Hunt Jr. on 7/30/04. (fmm) (Entered: 07/31/2004)

2004-07-30

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RESPONSE to 113 Order filed by Gemstar Development Corporation. (fmm) (Entered: 08/12/2004)

2004-08-06

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MOTION to Dismiss by Gemstar Development Corporation. (contained w/in response at docu #117) (fmm) (Entered: 08/12/2004)

2004-08-06

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CONSENT ORDER outlining the screening mechanisms to be implemented so that the firm SAB may employ Ms. Carla Foster and continue its representation of Gemstar in the Gemstar Litigation. Signed by Judge Willis B. Hunt Jr. on 8/9/04. (fmm) (Entered: 08/12/2004)

2004-08-09

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NOTICE Of Filing original signature page by Gemstar Development Corporation (fmm) (Entered: 08/13/2004)

2004-08-11

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REPLY to Gemstar's response to 113 order and RESPONSE to 118 MOTION to Dismiss filed by Scientific-Atlanta, Inc. (Attachments: # 1 Exhibit A)(fmm) (Entered: 09/07/2004)

2004-08-20

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REPLY BRIEF to 118 MOTION to Dismiss filed by Gemstar Development Corporation. (fmm) (Entered: 09/09/2004)

2004-09-03

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Submission of 118 MOTION to Dismiss, 113 Order, submitted to District Judge Willis B. Hunt Jr.. (fmm)

2004-09-07

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No Actions

NOTICE Of Filing original signature page by Gemstar Development Corporation (fmm) (Entered: 09/13/2004)

2004-09-09

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ORDER granting 118 Motion to Dismiss. Clerk is DIRECTED to enter jgm in favor of S-A and against Gemstar in Case No. 1:99-cv-1242 and close this case. Signed by Judge Willis B. Hunt Jr. on 10/12/04. (fmm) (Entered: 10/15/2004)

2004-10-12

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VACATED PER ORDER FILED 6/7/05CLERK'S JUDGMENT ENTERED in favor of Scientific-Atlanta, Inc. against Gemstar Development, et al for costs of action. (fmm) Modified on 6/24/2005 (fmm). (Entered: 10/15/2004)

2004-10-12

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Civil Case Terminated. (fmm)

2004-10-12

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CERTIFICATE OF SERVICE (FILED UNDER SEAL) (jdb) (Entered: 10/20/2004)

2004-10-14

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NOTICE OF APPEAL as to 124 Order and 125 Clerk's Judgment by Gemstar Development Corporation and Index Systems, Inc. Transcript Order Form due on 11/24/2004 (TOF/IFP forms and appeal fee letter sent to counsel for plaintiffs) (cc: USCA Federal Circuit) (kac) (Signature Page 130 ) (Entered: 11/15/2004)

2004-11-09

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NOTICE Of Filing Signature Page by Gemstar Development Corporation and Index Systems, Inc. re: 129 Notice of Appeal. (Attachments: # 1 Signature Page)(kac) (Entered: 11/16/2004)

2004-11-10

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BILL OF COSTS by Scientific-Atlanta, Inc. (Attachments: # 1 Tab A# 2 Tab B - Part 1# 3 Tab B - Part 2# 4 Tab C# 5 Tab D# 6 Tab E# 7 Tab F# 8 Memorandum in Support# 9 Exhibit A to Memorandum)(fmm) (Entered: 11/15/2004)

2004-11-12

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Costs Taxed in amount of $ 54,670.01 against Gemstar Development Corporation for Scientific-Atlanta, Inc. (fmm) (Entered: 11/15/2004)

2004-11-15

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Transmission of Notice of Appeal, Judgment, Order and Docket Sheet to the Federal Circuit US Court of Appeals re: 129 Notice of Appeal. (kac)

2004-11-15

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USCA - Federal Circuit Appeal Fees received $255.00; Receipt Number 529839 re: 129 Notice of Appeal filed by Gemstar Development Corporation and Index Systems, Inc. Case Appealed to USCA - Federal Circuit Case Number 00-00000-00. (kac) (Entered: 11/19/2004)

2004-11-17

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Forwarded certified copy of docket sheets reflecting payment of appeal filing and docketing fees to the USCA - Federal Circuit re: 129 Notice of Appeal filed by Gemstar Development Corporation and Index Systems, Inc. Case Appealed to USCA - Federal Circuit Case Number 00-00000-00. (kac)

2004-11-19

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NOTICE Of Filing Completed Transcript Purchase Order by Gemstar Development Corporation and Index Systems, Inc. re: 129 Notice of Appeal. (Attachments: # 1 Exhibit A# 2 Exhibit B)(kac) (Entered: 11/29/2004)

2004-11-24

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TRANSCRIPT of Proceedings held on March 20, 2001 before Judge Willis B. Hunt, Jr. Court Reporter: Nancy Smith-Wells. (kac) (Entered: 12/01/2004)

2004-11-26

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TRANSCRIPT of Proceedings held on March 21, 2001 before Judge Willis B. Hunt, Jr. Court Reporter: Nancy Smith-Wells. (kac) (Entered: 12/01/2004)

2004-11-26

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TRANSCRIPT of Proceedings held on March 22, 2001 before Judge Willis B. Hunt, Jr. Court Reporter: Nancy Smith-Wells. (kac) (Entered: 12/01/2004)

2004-11-26

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TRANSCRIPT of Proceedings held on March 23, 2001 before Judge Willis B. Hunt, Jr. Court Reporter: Nancy Smith-Wells. Certificate of Readiness due on 12/10/2004 (kac) (Entered: 12/01/2004)

2004-11-26

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Acknowledgment by U.S. Court of Appeals for the Federal Circuit for 129 Notice of Appeal, Case Appealed to The Federal Circuit Case Number 05-1102 (ckd) (Entered: 12/20/2004)

2004-12-17

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ORDER granting S-A's motion in 1:98-cv-3477 to file surreply brief. Signed by Judge Willis B. Hunt Jr. on 1/13/05. (fmm) (Entered: 01/14/2005)

2005-01-13

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CONSENT ORDER extending time through 4/15/05 for submission of consent scheduling order. Signed by Judge Willis B. Hunt Jr. on 2/14/05. (fmm) (Entered: 02/16/2005)

2005-02-14

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STIPULATION of Dismissal with prejudice pursuant to FRCP 41(a)(1)(ii) by all parties and aprvd by deputy clerk. (fmm) (Entered: 06/06/2005)

2005-06-02

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JOINT MOTION to Vacate the summary judgments of non-infringement and the underlying Markman orders in 1:98-cv-3477 and 1:99-cv-2142 and the judgment in 1:99-cv-1242 by Gemstar Development Corporation, Index Systems, Inc., Scientific-Atlanta, Inc. (Attachments: # 1 Memorandum in Support)(fmm) (Entered: 06/06/2005)

2005-06-02

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ORDER granting 141 Motion to Vacate the summary judgments of non-infringement and the underlying markman orders in 1:98-cv-3477 and 1:99-cv-1242 and the judgment in 1:99-cv-1242. The orders that are vacated are: Markman claim construction order of October 29, 2001, Markman claim construction orders of October 25, 2002 and and June 18, 2003, orders of June 30, 2003, July 18, 2003, March 26, 2004, and March 30, 2004, orders of August 30, 2002, and November 1, 2002, the judgment entered on October 15, 2004. Signed by Judge Willis B. Hunt Jr. on 6/7/05. (fmm) (Entered: 06/09/2005)

2005-06-07

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Certified copy of ORDER of USCA for the Federal Circuit GRANTING Appellant's Motion to Voluntarily Dismiss 129 Notice of Appeal filed by Gemstar Development Corporation and Index Systems, Inc. Case Appealed to USCA - Federal Circuit Case Number 05-1102. (kac) (Entered: 07/01/2005)

2005-06-30

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Overview

Parties

Defendant

Scientific-Atlanta, Inc. Follow

Represented By

Plaintiff

Index Systems, Inc. Follow

Represented By

Gemstar Development Corporation Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed and summons issued (complaint filed 12/4/98 in USDC CDCal (Western Div.) 2:98-cv-9781-HLH). (djh) Additional attachment(s) added on 4/11/2007 (kdw). (Entered: 06/01/1999)

AMENDED COMPLAINT by plas in 1:99-cv-01242; jury demand (filed on 12/10/98 in USDC CDCal (Western Div.)) (djh) Modified on 06/01/1999 Additional attachment(s) added on 4/11/2007 (kdw). (Entered: 06/01/1999)

ANSWER by dft in 1:99-cv-01242 to complaint [2-1] Discovery ends 2/8/00 (filed on 2/8/99 in USDC CDCal (Western Div)). (djh) Modified on 06/01/1999 (Entered: 06/01/1999)

ORDER by MDL Panel transferring 2:98-cv-9781-HLH USDC CDCal (Western Div) to 1:99-cv-1242-WBH USDC NDGa (Atlanta Div) (filed on 5/12/99 in USDC CDCal (Western Div)). (djh) Modified on 06/01/1999 (Entered: 06/01/1999)

Added attorneys for defendant: Donald A. Daucher, John Vincent DeZee, Joseph R. Bankoff and Christian Stephen Genetski. (llg) Modified on 06/18/1999

Added attorneys for plaintiffs: Roderick G. Dorman, Samir B. Armaly, David E. Killough. (llg) Modified on 06/18/1999

Original file, certified copy of transfer order and docket sheet received from USDC CDCal (Western Div), Civil Action No. 2:98-cv-9781-HLH. (djh)

Added attorneys for plaintiffs: Patrick Lynch, Kenneth R. O'Rourke. (pdw)

ANSWERS TO MANDATORY DISCLOSURES by plaintiffs (pdw) (Entered: 06/24/1999)

Application for admission of Donald A. Daucher pro hac vice for defendant (to WBH) (djh) Modified on 07/08/1999 (Entered: 07/08/1999)

Application for admission of John V. DeZee pro hac vice for defendant (to WBH) (djh) (Entered: 07/09/1999)

Payment received $ 100.00 Receipt #: 441108 for appl phv of John V. DeZee (djh)

Payment received $ 100.00 Receipt #: 441107 for appl phv of Donald A. Daucher (djh) Modified on 07/08/1999

Certificate of interested persons by parties. (to judge) (djh)

ENDORSED ORDER on appl phv APPROVING [25-1] pro hac vice applications of David Swenson, Alexander MacKinnon, Robert Krupka, Andrew Paris, Michelle Inouye (apprv'd by CRD) (cc) (djh)

ENDORSED ORDER on appl phv APPROVING [31-1] pro hac vice application for John V. DeZee (apprv'd by CRD) (cc) (djh)

ENDORSED ORDER on appl phv APPROVING [27-1] pro hac vice application of David E. Killough (apprv'd by CRD) (cc) (djh) Modified on 07/12/1999

ENDORSED ORDER on appl phv APPROVING [30-1] pro hac vice application for Donald A. Daucher. (apprv'd by CRD) (cc) (djh)

Memo by Scientific-Atlanta in 1:98-cv-03477 re: claim construction hearing [25-1] (response to Court's request re: preparation and disc needed in connection w/Court's construction of patent claims) (djh)

Post-hearing memo by Gemstar Development, Gemstar International in 1:98-cv-03477 regarding [25-1] timing of claim construction determination (subject of status conference) (djh)

Attorney appearance for plaintiff by Ann Grunewald Fort (kt) (Entered: 06/30/2000)

Application for admission of Brian K. Brookey pro hac vice for Gemstar Development (to WBH) (kt) (Entered: 07/12/2000)

ENDORSED ORDER APPROVING [34-1] pro hac vice application as to Brian K. Brookey (approved by CRD) (cc) (bek)

Application for admission of David B. Sandelands Jr. pro hac vice for Gemstar Development Corp. (to WBH) (kt) (Entered: 07/28/2000)

ENDORSED ORDER by CRD APPROVING [35-1] pro hac vice application of David B. Sandelands, Jr. (cc) (cc) (kt)

Objections by Gemstar Development, Gemstar International, and Index Systems, Inc. to [172-1] hearing exhibits (filed in 98-3477). (kt) Modified on 03/23/2001 (Entered: 03/23/2001)

ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [182-1] motion to modify the protective order; GRANTING IN PART AND DENYING IN PART [182-2] motion to compel the immediate production of License agreements. (cc) (kt) (Entered: 09/28/2001)

VACATED PER ORDER FILED 6/7/05MARKMAN ORDER by Judge Willis B. Hunt Jr.; in accordance with the Court's conclusions set forth herein, this Order resolves the disputed issues of claim construction for the '815 and '272 patents. (cc) (kt) Modified on 6/24/2005 (fmm). (Entered: 10/30/2001)

ORDER by Judge Willis B. Hunt Jr. the Court invites Scientific-Atlanta to submit its costs and expenses associated with its Motion for Enforcement of the Court's 8/2/00 Order and the Court's Protective Order and for Sanctions 156 by 01/14/02. (cc) (kt) (Entered: 12/13/2001)

Applications for admission of Gregory S. Kaufman, and Steuart H. Thomsen pro hac vice for plaintiffs. (to WBH) (kt) (Entered: 01/23/2002)

Submisson of its costs and expenses by Scientific-Atlanta, in 1:98-cv-03477, 1:99-cv-01242 and 1:99-cv-1258 in response to [203-1] order in 1:98-cv-03477, [41-1] order in 1:99-cv-01242, and [82-1] order in 1:99-cv-01258. (kt) (Entered: 01/15/2002)

ENDORSED ORDER by CRD APPROVING [45-1] pro hac vice applications of Gregory S. Kaufman and Steuart Thomsen (cc) (kt)

ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART [213-1] motion for entry of order on cross-designation by Gemstar International, Index Systems, Inc., and Gemstar Development in 1:98-cv-03477. (cc) (kt) (Entered: 02/11/2002)

MOTION by plaintiffs to file excess pages limitation (to WBH) (kt) (Entered: 03/04/2002)

Notice to take the 30(b)(6) depositions of Gemstar Parties by plaintiff in 1:98-cv-03477, and defendant in 1:99-cv-01242. (kt) (Entered: 03/21/2002)

ORDER by Judge Willis B. Hunt Jr. in 1:98-cv-03477 DIRECTING the Clerk to terminate 231 motion. (cc) (kt) (Entered: 04/02/2002)

MOTION by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 to file excess pages limitation (ldn) (Entered: 04/09/2002)

CROSS MOTION by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 for summary judgment of non-infringement of all claims of the '815 and '272 patents (notice sent to counsel) (ldn) (Entered: 04/09/2002)

Response by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 to Gemstar's undisputed material facts in support of [225-1] motion for partial summary judgment in 1:98-cv-03477, [50-1] motion for partial summary judgment in 1:99-cv-01242. (***FILED UNDER SEAL***) (ldn) (Entered: 04/09/2002)

SUBMITTED to Judge Willis B. Hunt Jr. on [49-1] motion to file excess pages limitation, [50-1] motion for partial summary judgment (fmm)

MOTION by defendant in 1:99-cv-01242 to dismiss duplicative Federal litigation with memorandum in support. (ldn) (Entered: 04/19/2002)

ORDER by Judge Willis B. Hunt Jr. DENYING [221-1] motion for reconsideration of [214-1] order in 1:98-cv-03477 (cc) (fmm) (Entered: 04/25/2002)

Memorandum by GemStar in 1:99-cv-01242 in opposition to Scientific-Atlanta's [58-1] motion dismiss California Infringement Action (ldn) Modified on 05/22/2002 (Entered: 05/03/2002)

SUBMITTED to Judge Willis B. Hunt Jr. on [58-1] motion to dismiss duplicative Federal litigation. (file in chambers) (ldn)

SUBMITTED to Judge Willis B. Hunt Jr. on [54-1] motion to file excess pages limitation (File in Chambers) (fmm)

SUBMITTED to Judge Willis B. Hunt Jr. on [55-1] motion for summary judgment of non-infringement of all claims of the '815 and '272 patents (response filed under seal in 1:98-cv-3477) (FILE IN CHAMBERS) (ck)

MOTION by Gemstar Development in 1:98-cv-03477, 1:99-cv-01242, and in 1:99-cv-01258 relating to expert discovery portion of the "amended case management order" with memorandum in support. (ldn) (Entered: 05/20/2002)

Reply brief in support of [58-1] motion to dismiss duplicative Federal litigation by defendant (ldn) (Entered: 05/17/2002)

Notice of original declaration of Dr. Philip Faillace by Gemstar International, Gemstar Development and Index Systems in cases no. 1:98-cv-3477, 1:99-cv-1242, and 1:99-cv-1258. (ldn) (Entered: 05/21/2002)

CONSENT ORDER by Judge Willis B. Hunt Jr. outlining screening mechanisms concerning representation of Gemstar by the firm Sutherland, Asbill & Brennan (see order for specifics) (cc) (fmm) (Entered: 05/24/2002)

MOTION by Scientific Atlanta, Inc. to file reply brief in excess of 25 pages with memorandum in support. (to WBH) (ldn) (Entered: 05/28/2002)

ORDER by Judge Willis B. Hunt Jr. DENYING [58-1] motion to dismiss duplicative Federal litigation by Scientific-Atlanta (cc) (fmm) (Entered: 05/30/2002)

Joint MOTION by Scientific-Atlanta, Pioneer Electronic, Pioneer North, and Pioneer New Media to exclude Gemstar's experts for willful violation of the amended case management order (contained within the joint response to Gemstar's motion relating to expert discovery) (ldn) (Entered: 06/04/2002)

Terminated submissions. (fmm)

REPLY to response to [260-1] motion to defer briefing & ruling on cross-motions for summary judgment pending completion of additional discovery & the Supreme Court's ruling in Festo pursuant to Fed.R.Civ.P. 16 & 56(f) (ldn) (Entered: 06/19/2002)

ORDER by Judge Willis B. Hunt Jr. GRANTING IN PART AND DENYING IN PART 260 motion to compel filed in 98-cv-3477. (cc) (ldn) (Entered: 06/19/2002)

Notice of change of address for counsel by Scientific-Atlanta in 98-cv-3477 and 1:99-cv-01242. (ldn) (Entered: 06/20/2002)

SUBMITTED to Judge Willis B. Hunt Jr. on [62-1] motion relating to expert discovery portion of the "amended case management order", [65-1] motion to file reply brief in excess of 25 pages. (FILE IN CHAMBERS) (ldn)

Notice of Gemstar parties' Rule 26(e)(1) supplementation by Index Systems, Inc., Gemstar Development, and Gemstar International. (ldn) (Entered: 07/03/2002)

ORDER by Judge Willis B. Hunt Jr. assigning briefing schedules for patent groups I and II. Schedules for groups III and IV will be provided at a later date. (see order for details) (cc) (ldn) (Entered: 07/29/2002)

ORDER by Judge Willis B. Hunt Jr. appointing Mr. Gale R. Peterson as Special Master to the case (see order for details) (cc) (ldn) (Entered: 08/02/2002)

AMENDED MARKMAN BRIEFING SCHEDULE by Special Master Gale R. Peterson (fmm) (Entered: 08/20/2002)

Terminated submissions. (fmm)

CONSENT ORDER by Judge Willis B. Hunt Jr. outlining screening mechanisms concerning continued representation of Gemstar by the firm Sutherland, Asbill & Brennan due to the employment of Atty Silverio (cc) (fmm) (Entered: 09/10/2002)

Oral Argument HEARING HELD on 8/15/02 on pending motions for sum jgm before Judge Willis B. Hunt Jr. (***FILED UNDER SEAL***) (fmm) (Entered: 09/11/2002)

ORDER by Judge Willis B. Hunt Jr. DENYING [359-1] motion for reconsideration of [350-1] order filed in 1:98-cv-03477 (cc) (fmm) (Entered: 09/27/2002)

Scientific-Atlanta, Inc.

Index Systems, Inc.

Gemstar Development Corporation

Response by Scientific-Atlanta in 1:98-cv-03477, in 1:99-cv-01242 to Gemstar's undisputed material facts in support of [225-1] motion for partial summary judgment in 1:98-cv-03477, [50-1] motion for partial summary judgment in 1:99-cv-01242. (FILED UNDER SEAL) (ldn) (Entered: 04/09/2002)

Oral Argument HEARING HELD on 8/15/02 on pending motions for sum jgm before Judge Willis B. Hunt Jr. (FILED UNDER SEAL) (fmm) (Entered: 09/11/2002)

MOTION by Scientific-Atlanta for summary judgment that the remaining products at issue do not infringe the '815 and '272 patents with brief in support and statement of material facts. (BRIEF AND STATEMENT OF MATERIAL FACTS FILED UNDER SEAL) (notice sent to counsel) (fmm) (Entered: 10/01/2002)

REPLY by Scientific-Atlanta to Gemstar's opposition to [466-1] motion for summary judgment of non-infringement of all claims of the '357 Patent and Claim 1 of the '211 Patent in 1:98-cv-03477 (FILED UNDER SEAL) (fmm) (Entered: 01/30/2003)

Reply brief to [465-1] motion for summary judgment of non-infringement of all claims of the '578 patent in 1:98-cv-03477 by Scientific-Atlanta (FILED UNDER SEAL) (fmm) (Entered: 01/30/2003)

CERTIFICATE OF SERVICE (FILED UNDER SEAL) (jdb) (Entered: 10/20/2004)