Ginko, LLC v. Apple, Inc.

1:24-cv-01279

Overview

Case Number 1:24-cv-01279

Filing Date 2024-10-24

Status Terminated

Termination Date 2025-12-22

Court District Court, W.D. Texas (txwd)

Presiding Judge David A. Ezra

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:100 Patent Infringement

Jury Demand Both

Parties

Defendant

Apple, Inc.

Represented By

8 Attorneys Listed

Stephen Burbank

Scott Douglas & McConnico LLP

Tel: +1 (512) 495-6300

303 Colorado St Ste. 2400, Austin, TX 78701

Robert Pierce Earle

Scott Douglass & McConnico LLP

Tel: +1 (512) 495-6300

Fax: +1 (512) 474-0731

303 Colorado Street, Suite 2400, Austin, TX 78701

Melissa Hotze

Blue Peak Law Group LLP

Tel: +1 (832) 884-0003

3139 W Holcombe Blvd PMB 8160, Houston, TX 77025

Jason Choy

Blue Peak Law Group LLP

Tel: +1 (213) 647-1228

3020 Prospect Avenue, Santa Monica, CA 90405

Anna E. Dwyer

Blue Peak Law Group, LLP

Tel: +1 (772) 631-6460

3139 Holcombe Blvd, Pmb 8160, Houston, TX 77025

Steven J. Wingard

Scott, Douglass & McConnico, L.L.P.

Tel: +1 (512) 495-6300

Fax: +1 (512) 474-0731

Scott, Douglass & McConnico, L.L.P., 303 Colorado Street

John P. Brinkmann

Blue Peak Law Group

Tel: +1 (281) 972-3036

Fax: +1 (281) 972-3036

3139 W Holcombe Blvd, Ste Pmb 816

Garland T. Stephens

Blue Peak Law Group

Tel: +1 (832) 387-7696

Garland Stephens, 3139 West Holcombe Blvd.

Plaintiff

Ginko, LLC

Represented By

5 Attorneys Listed

Rudolph A. Telscher , Jr

Husch Blackwell LLP

Tel: +1 (314) 480-1500

Fax: +1 (314) 480-1505

8001 Forsyth Boulevard, Suite 1500

Jeremiah W. Nixon

The Simon Law Firm, P.C.

Tel: +1 (314) 241-2929

Fax: +1 (314) 241-2029

1001 Highlands Plaza Drive, Suite 300

Jeffer Ali

Husch Blackwell LLP

Tel: +1 (612) 852-2700

Fax: +1 (612) 852-2701

80 South Eighth Street, Suite 4800, Minneapolis, MN 55402

Anthony G. Simon

The Simon Law Firm, P.C.

Tel: +1 (314) 241-2929

1001 Highlands Plaza Drive, Suite 300

Michael Charles Smith

Scheef & Stone, LLP

Tel: +1 (903) 938-8900

113 E. Austin Street, Marshall, TX 75670

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

David A. Ezra

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 405 receipt number ATXWDC-19383659), filed by Ginko, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Smith, Michael) (Entered: 10/24/2024)

2024-10-24

View

REQUEST FOR ISSUANCE OF SUMMONS by Ginko, LLC. (Smith, Michael) (Entered: 10/24/2024)

2024-10-24

View

RULE 7 DISCLOSURE STATEMENT filed by Ginko, LLC. (Smith, Michael) (Entered: 10/24/2024)

2024-10-24

View

DEMAND for Trial by Jury by Ginko, LLC. (kp)

2024-10-24

No Actions

Ginko, LLC v. Apple, Inc.

Overview

Parties

Defendant

Apple, Inc. Follow

Represented By

Plaintiff

Ginko, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 405 receipt number ATXWDC-19383659), filed by Ginko, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(Smith, Michael) (Entered: 10/24/2024)

REQUEST FOR ISSUANCE OF SUMMONS by Ginko, LLC. (Smith, Michael) (Entered: 10/24/2024)

RULE 7 DISCLOSURE STATEMENT filed by Ginko, LLC. (Smith, Michael) (Entered: 10/24/2024)

DEMAND for Trial by Jury by Ginko, LLC. (kp)

Case assigned to Judge Docket II - Austin. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (kp)

If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Mark Lane. (kp)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Smith, Michael) (Entered: 10/28/2024)

Summons Issued as to Apple, Inc.. (kp) (Entered: 10/28/2024)

Case Assigned/Reassigned

To be Referred to AU Mag Judge

Jury Demand

SUMMONS Returned Executed by Ginko, LLC. Apple, Inc. served on 11/8/2024, answer due 11/29/2024. (Smith, Michael) (Entered: 11/19/2024)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint or Otherwise Respond by Apple, Inc.. (Wingard, Steven) (Entered: 11/21/2024)

Order on Motion for Extension of Time to Answer

Reset Answer Deadline: Apple, Inc. answer due 1/13/2025. (cc3)

Set/Reset Answer Deadline

***DOCUMENT HAS BEEN STRICKEN PURSUANT TO THE ORDER DATED 11/27/2024*** Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Apple, Inc.. (Wingard, Steven) Modified on 12/3/2024 (cc3). (Entered: 11/27/2024)

Order on Motion for Extension of Time to Answer

Reset Answer Deadline: Apple, Inc. answer due 1/20/2025. (cc3)

ORDER STRIKING 8 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint filed by Apple, Inc., and VACATING TEXT ORDER on 12/2/2024. Signed by Judge Robert Pitman. (cc3) (Entered: 12/03/2024)

Set/Reset Answer Deadline

MOTION to Appear Pro Hac Vice by Michael Charles Smith on behalf of Anthony G. Simon ( Filing fee $ 100 receipt number ATXWDC-19547779) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/05/2024)

MOTION to Appear Pro Hac Vice by Michael Charles Smith on behalf of Jeremiah W. Nixon ( Filing fee $ 100 receipt number ATXWDC-19547844) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/05/2024)

MOTION to Appear Pro Hac Vice by Michael Charles Smith for Jeffer Ali ( Filing fee $ 100 receipt number ATXWDC-19579709) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/13/2024)

MOTION to Appear Pro Hac Vice by Michael Charles Smith for Rudolph A. Telscher, Jr. ( Filing fee $ 100 receipt number ATXWDC-19579725) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/13/2024)

Deficiency Notice

MOTION to Appear Pro Hac Vice by Michael Charles Smith for Jeffer Ali ( Filing fee $ 100 receipt number ATXWDC-19587823) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/17/2024)

MOTION to Appear Pro Hac Vice by Michael Charles Smith for Rudolph A. Telscher, Jr. ( Filing fee $ 100 receipt number ATXWDC-19587898) by on behalf of Ginko, LLC. (Attachments: # 1 Proposed Order)(Smith, Michael) (Entered: 12/17/2024)

NOTICE of Attorney Appearance by Steven J. Wingard on behalf of Apple, Inc. (Wingard, Steven) (Entered: 01/13/2025)

NOTICE of Attorney Appearance by Steven J. Wingard on behalf of Apple, Inc. (Wingard, Steven) (Entered: 01/13/2025)

Opposed MOTION to Dismiss (Partially) Plaintiff's Complaint by Apple, Inc.. (Wingard, Steven) (Entered: 01/13/2025)

MOTION to Appear Pro Hac Vice by Steven J. Wingard for Anna Dwyer ( Filing fee $ 100 receipt number ATXWDC-19667879) by on behalf of Apple, Inc.. (Attachments: # 1 Proposed Order)(Wingard, Steven) (Entered: 01/14/2025)

MOTION to Appear Pro Hac Vice by Steven J. Wingard for Jason Choy ( Filing fee $ 100 receipt number ATXWDC-19667900) by on behalf of Apple, Inc.. (Attachments: # 1 Proposed Order)(Wingard, Steven) (Entered: 01/14/2025)

RULE 7 DISCLOSURE STATEMENT filed by Apple, Inc.. (Wingard, Steven) (Entered: 01/14/2025)

RESPONSE to Motion, filed by Ginko, LLC, re 22 Opposed MOTION to Dismiss (Partially) Plaintiff's Complaint filed by Defendant Apple, Inc. (Smith, Michael) (Entered: 01/27/2025)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Apple, Inc. amending, filed by Ginko, LLC. (Attachments: # 1 Exhibit 1)(Smith, Michael) (Entered: 02/03/2025)

ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (bot1) (Entered: 02/05/2025)

Text Order MOOTING 22 Motion to Dismiss entered by Judge Robert Pitman. In light of the amended complaint, (Dkt. 29), the motion is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (qtlc)

Order on Motion to Dismiss

BRIEF IN SUPPORT OF APPLE'S MOTION TO PARTIALLY DISMISS PLAINTIFF'S AMENDED COMPLAINT regarding 29 Amended Complaint by Apple, Inc. (Wingard, Steven) Modified on 2/19/2025 to add gavel per chambers (cc3). (Entered: 02/18/2025)

Notice of Correction

Response in Opposition to Motion, filed by Ginko, LLC, re 22 Opposed MOTION to Dismiss (Partially) Plaintiff's Complaint filed by Defendant Apple, Inc. (Smith, Michael) (Entered: 03/04/2025)

RESPONSE in Support, filed by Apple, Inc., re 31 MOTION filed by Defendant Apple, Inc. (Wingard, Steven) (Entered: 03/11/2025)

Joint MOTION for Extension of Time to File Rule 26 Report and Proposed Scheduling Order by Apple, Inc.. (Wingard, Steven) (Entered: 04/18/2025)

Set/Reset Deadlines

Order on Motion for Extension of Time to File

Reset Deadline: Proposed Scheduling Order due on 4/29/2025 (cc3)

MOTION to Appear Pro Hac Vice by Steven J. Wingard for Melissa Hotze ( Filing fee $ 100 receipt number ATXWDC-20079381) by on behalf of Apple, Inc.. (Attachments: # 1 Proposed Order)(Wingard, Steven) (Entered: 04/22/2025)

Rule 26(f) Discovery Report/Case Management Plan by Apple, Inc.. (Wingard, Steven) (Entered: 04/29/2025)

Joint MOTION for Entry of Scheduling Order Deadlines Joint Motion for Entry of Agreed Scheduling Order by Apple, Inc.. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Wingard, Steven) (Entered: 04/29/2025)

Joint MOTION for Entry of Scheduling Order Deadlines Joint Motion for Entry of Agreed Scheduling Order by Apple, Inc.. (Attachments: # 1 Proposed Order Proposed Scheduling Order)(Wingard, Steven) (Entered: 04/29/2025)

SCHEDULING ORDER: Mediation Completed by 8/21/2026. Signed by Judge David A. Ezra. (cc3) (Entered: 05/14/2025)

Joint MOTION FOR ENTRY OF ESI ORDER re 37 Rule 26(f) Discovery Report/Case Management Plan by Apple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wingard, Steven) (Entered: 06/30/2025)

Text Order REFERRING 40 Motion to United States Magistrate Judge Lane. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mmlc)

MOTION REFERRED: referred 40 Joint MOTION FOR ENTRY OF ESI ORDER re 37 Rule 26(f) Discovery Report/Case Management Plan. Referral Judge: Mark Lane. (cc3)

Order on Motion for Miscellaneous Relief

Motions Referred

Motion for leave to File Sealed Document (Attachments: # 1 Sealed Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Wingard, Steven) (Entered: 07/07/2025)

Opposed MOTION to Transfer Venue by Apple Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (cc3) (Entered: 07/17/2025)

Order on Motion for Leave to File Sealed Document

Opposed MOTION FOR LEAVE TO CONDUCT VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO TRANSFER by Ginko, LLC. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Smith, Michael) (Entered: 07/30/2025)

Opposed MOTION FOR LEAVE TO CONDUCT VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO TRANSFER by Ginko, LLC. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Smith, Michael) (Entered: 07/30/2025)

Opposed MOTION FOR LEAVE TO CONDUCT VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO TRANSFER by Ginko, LLC. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Smith, Michael) (Entered: 07/30/2025)

Text Order REFERRING 43 Motion to United States Magistrate Judge Lane. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mmlc)

MOTION REFERRED: referred 43 Opposed MOTION FOR LEAVE TO CONDUCT VENUE DISCOVERY AND EXTENSION OF TIME TO RESPOND TO DEFENDANTS MOTION TO TRANSFER. Referral Judge: Mark Lane. (cc3)

Motions Referred

Order on Motion for Miscellaneous Relief

ESI ORDER. Signed by Judge Mark Lane. (cc3) (Entered: 08/04/2025)

Apple, Inc.

Ginko, LLC

DOCUMENT HAS BEEN STRICKEN PURSUANT TO THE ORDER DATED 11/27/2024 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Apple, Inc.. (Wingard, Steven) Modified on 12/3/2024 (cc3). (Entered: 11/27/2024)