IMX, Inc. v. E-Loan, Inc.

1:09-cv-20965

Overview

Case Number 1:09-cv-20965

Filing Date 2009-04-13

Status Terminated

Termination Date 2011-03-18

Court District Court, S.D. Florida (flsd)

Presiding Judge Jose E. Martinez

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1391 Personal Injury

Jury Demand Plaintiff

Parties

Defendant

Banco Popular North America, Inc.

Represented By

4 Attorneys Listed

Christina Danielle DeAngelis

Feldman Gale PA

Tel: +1 (305) 358-5001

Fax: +1 (305) 358-3309

Feldman Gale PA, One Biscayne Tower 30th Floor

James Anthony Gale

Feldman Gale PA

Tel: +1 (305) 358-5001

Feldman Gale PA, One Biscayne Tower 30th Floor

Rafael A. Perez-Pineiro

The Brickell IP Group PLLC

Tel: +1 (305) 728-8831

Fax: +1 (305) 428-2450

1101 Brickell Avenue, South Tower, Suite 800

Samuel Abraham Lewis

Cozen O'Connor

Tel: +1 (305) 397-0799

Fax: +1 (305) 720-2271

Cozen O'Connor, One Biscayne Tower

E-Loan, Inc.

Represented By

7 Attorneys Listed

Ashutosh Bharat Dalvi

Feldman Gale PA

Feldman Gale PA, One Biscayne Tower 30th Floor

Arthur Robert Weaver

Cozen O'Connor

Tel: +1 (305) 358-5001

Fax: +1 (305) 720-2190

Cozen O'Connor, One Biscayne Tower

Christina Danielle DeAngelis

Feldman Gale PA

Tel: +1 (305) 358-5001

Fax: +1 (305) 358-3309

Feldman Gale PA, One Biscayne Tower 30th Floor

Christopher Paul Demetriades

Feldman Gale

Tel: +1 (305) 358-5001

Feldman Gale, One Biscayne Tower, 30th Floor

James Anthony Gale

Feldman Gale PA

Tel: +1 (305) 358-5001

Feldman Gale PA, One Biscayne Tower 30th Floor

Rafael A. Perez-Pineiro

The Brickell IP Group PLLC

Tel: +1 (305) 728-8831

Fax: +1 (305) 428-2450

1101 Brickell Avenue, South Tower, Suite 800

Samuel Abraham Lewis

Cozen O'Connor

Tel: +1 (305) 397-0799

Fax: +1 (305) 720-2271

Cozen O'Connor, One Biscayne Tower

Plaintiff

IMX, Inc.

Represented By

13 Attorneys Listed

Jeremy Todd Elman

Dorsey & Whitney LLP

Tel: +1 (650) 843-2732

Fax: +1 (650) 618-1955

305 Lytton Avenue, Palo Alto, CA 94301

Annette C. Escobar

Sequor Law, PA

Tel: +1 (305) 372-8282

Fax: +1 (305) 372-8202

1001 Brickell Bay Drive, 9th Floor, Miami, FL 33131

Andrew P. Valentine

DLA Piper, LLP

Tel: +1 (650) 833-2000

2000 University Avenue, East Palo Alto, CA 94303

John Allcock

DLA Piper LLP

Tel: +1 (619) 699-2828

401 B Street, Suite 1700

Erik R. Fuehrer

DLA Piper US LLP

Tel: +1 (650) 833-2000

2000 University Avenue, East Palo Alto, CA 94303

Chalon Tamara Allen

American Express, General Counsel's Office

Tel: +1 (954) 704-6010

Fax: +1 (954) 447-5755

1801 NW 66th Ave. Ste. 103, Plantation, FL 33313-4571

Edward Maurice Mullins

Reed Smith LLP

Tel: +1 (786) 747-0200

Fax: +1 (786) 747-0299

1001 Brickell Bay Drive, Suite 900

M. Elizabeth Day

DLA Piper US LLP

Tel: +1 (650) 833-2040

2000 University Avenue, East Palo Alto, CA 94303

Marc C. Belloli

DLA Piper US LLP

Tel: +1 (650) 833-2000

2000 University Avenue, East Palo Alto, CA 94303

Stanley J. Panikowski

DLA Piper LLP

Tel: +1 (619) 699-2643

401 B Street, Suite 1700

David L. Alberti

DLA Piper LLP (US)

Tel: +1 (650) 833-2000

2000 University Avenue, East Palo Alto, CA 94303

William G. Goldman

P.O. Box 2548

Tel: +1 (650) 833-2251

P.O. Box 2548, Menlo Park, CA 94026

Michael R. Casey

Davidson Berquist Jackson & Gowdey LLP

Tel: +1 (703) 894-6406

4300 Wilson Boulevard, 7th Floor

Court & Judges

Court

District Court, S.D. Florida (flsd)

Presiding Judge

Jose E. Martinez

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US5995947	Espacenet Google Patents

Docket Entries

COMPLAINT for Patent Infringement against E-Loan, Inc., Banco Popular North America, Inc. Filing fee $ 350.00. Receipt#: 999040, filed by IMX, Inc..(rb) (Entered: 04/14/2009)

2009-04-13

View

Summons Issued as to E-Loan, Inc., Banco Popular North America, Inc.. (rb) (Entered: 04/14/2009)

2009-04-13

View

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (rb) (Entered: 04/14/2009)

2009-04-13

View

Order Requiring Parties To Meet And File Joint Scheduling Report. Signed by Judge Jose E. Martinez on 4/22/2009. (dq) (Entered: 04/22/2009)

2009-04-22

View

IMX, Inc. v. E-Loan, Inc.

Overview

Parties

Defendant

Banco Popular North America, Inc. Follow

Represented By

E-Loan, Inc. Follow

Represented By

Plaintiff

IMX, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against E-Loan, Inc., Banco Popular North America, Inc. Filing fee $ 350.00. Receipt#: 999040, filed by IMX, Inc..(rb) (Entered: 04/14/2009)

Summons Issued as to E-Loan, Inc., Banco Popular North America, Inc.. (rb) (Entered: 04/14/2009)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (rb) (Entered: 04/14/2009)

Order Requiring Parties To Meet And File Joint Scheduling Report. Signed by Judge Jose E. Martinez on 4/22/2009. (dq) (Entered: 04/22/2009)

WAIVER OF SERVICE Returned Executed by E-Loan, Inc.. E-Loan, Inc. waiver sent on 4/28/2009, answer due 6/29/2009. (Lewis, Samuel) (Entered: 04/28/2009)

WAIVER OF SERVICE Returned Executed by Banco Popular North America, Inc.. Banco Popular North America, Inc. waiver sent on 4/28/2009, answer due 6/29/2009. (Lewis, Samuel) (Entered: 04/28/2009)

CERTIFICATE of Interested Party by IMX, Inc.. (Allen, Chalon) (Entered: 05/07/2009)

Corporate Disclosure Statement by E-Loan, Inc., Banco Popular North America, Inc. identifying Corporate Parent Popular North America, Inc. for Banco Popular North America, Inc.. (Lewis, Samuel) (Entered: 05/12/2009)

Plaintiff IMX's MOTION for the Admission of M. Elizabeth Day, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing, Filing Fee $75.00, Receipt #1002697. (cw) (Entered: 06/11/2009)

Plaintiff IMX's MOTION for the Admission of William G. Goldman, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing, Filing Fee $75.00, Receipt #1002696. (cw) (Entered: 06/11/2009)

Plaintiff IMX's MOTION for the Admission of Erik Fuehrer, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing, Filing Fee $75.00, Receipt #1002695. (cw) (Entered: 06/11/2009)

Joint SCHEDULING REPORT - Rule 26(f) by IMX, Inc., E-Loan, Inc. and Banco Popular North America. (Allen, Chalon) Modified parties on 6/15/2009 (lk). (Entered: 06/12/2009)

ORDER granting 9, 10, 11 Motions for M. Elizabeth Day, William G. Goldman, and Erik Fuehrer to Appear Pro Hac Vice. Signed by Judge Jose E. Martinez on 6/12/2009. (tas) (Entered: 06/15/2009)

ORDER on Discovery - [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 7/6/2009. (dt) (Entered: 07/06/2009)

NOTICE of Attorney Appearance by James Anthony Gale on behalf of E-Loan, Inc., Banco Popular North America, Inc. (Gale, James) (Entered: 07/10/2009)

NOTICE of Attorney Appearance by Rafael A. Perez-Pineiro on behalf of E-Loan, Inc., Banco Popular North America, Inc. (Perez-Pineiro, Rafael) (Entered: 07/10/2009)

First AMENDED COMPLAINT for Patent Infringement, filed by IMX, Inc.. (Attachments: # 1 Exhibit Patent)(Mullins, Edward) (Entered: 07/16/2009)

First AMENDED COMPLAINT for Patent Infringement, filed by IMX, Inc.. (Attachments: # 1 Exhibit Patent)(Mullins, Edward) (Entered: 07/16/2009)

Statement of: Material Facts in Opposition to E-Loan, Inc's and Banco Popular North America's Revised Motion to Dismiss with Prejudice, or in the Alternative, for Summary Judgment by IMX, Inc.. (Allen, Chalon) (Entered: 08/13/2009)

Joint Agreed MOTION to Amend/Correct re 15 Scheduling Order by E-Loan, Inc., Banco Popular North America, Inc.. (Attachments: # 1 Text of Proposed Order)(Lewis, Samuel) Modified on 9/2/2009 (ls). (Entered: 09/01/2009)

Notice of Supplemental Authority by IMX, Inc. (Attachments: # 1 Exhibit Supplemental Authority)(Allen, Chalon) (Entered: 09/02/2009)

ORDER granting in part and denying in part 34 Motion to Modify the Scheduling Order. Signed by Judge Jose E. Martinez on 9/2/2009. (tas) (Entered: 09/03/2009)

NOTICE of Attorney Appearance by Christina Danielle DeAngelis on behalf of E-Loan, Inc., Banco Popular North America, Inc. (DeAngelis, Christina) (Entered: 09/11/2009)

Plaintiff IMX's MOTION for the Admission of Marc C. Belloli, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing. Filing Fee $75. Receipt # 1008548. (cw) (Entered: 09/20/2009)

NOTICE by IMX, Inc. of Filing Plaintiff's Opening Brief on Claim Construction (Attachments: # 1 Exhibit Opening Brief on Claim Construction)(Allen, Chalon) (Entered: 09/21/2009)

NOTICE by E-Loan, Inc., Banco Popular North America, Inc. of Filing Defendants' Initial Markman Brief (Attachments: # 1 Defendants' Initial Markman Brief, # 2 Exhibit A to Markman Brief, # 3 Exhibit B to Markman Brief)(Lewis, Samuel) (Entered: 09/21/2009)

Joint MOTION for Protective Order (stipulated) by IMX, Inc.. (Attachments: # 1 Text of Proposed Order (Stipulated Protective Order))(Allen, Chalon) (Entered: 09/23/2009)

Plaintiff IMX, Inc.'s MOTION for the Admission of Stanley J. Panikowski, Esq., to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing. Filing Fee $75. Receipt # 1008948. (cw) (Entered: 09/27/2009)

ORDER granting 40 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Jose E. Martinez on 9/24/2009. (tb) (Entered: 09/25/2009)

STIPULATED PROTECTIVE ORDER, ORDER granting 44 Motion for Protective Order (see order for details). Signed by Ch. Magistrate Judge Stephen T. Brown on 9/29/2009. (Attachments: # 1 Order cont'd) (cqs) (Entered: 09/29/2009)

ORDER granting 46 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings as to Stanley J. Panikowski. Signed by Judge Jose E. Martinez on 9/30/2009. (cqs) (Entered: 09/30/2009)

ORDER Resetting Hearing, ( Markman Hearing set for 11/17/2009 09:30 AM to 12:00 PM,in Miami Division before Judge Jose E. Martinez.). Signed by Judge Jose E. Martinez on 9/30/2009. (cqs) (Entered: 10/01/2009)

Witness List by IMX, Inc... (Allen, Chalon) (Entered: 10/08/2009)

Witness List by E-Loan, Inc... (Lewis, Samuel) (Entered: 10/08/2009)

Witness List by Banco Popular North America, Inc... (Lewis, Samuel) (Entered: 10/08/2009)

Defendant's MOTION to Bifurcate Action Into Liability And Damage Phases by E-Loan, Inc., Banco Popular North America, Inc.. Responses due by 10/29/2009 (Attachments: # 1 Text of Proposed Order)(Lewis, Samuel) (Entered: 10/09/2009)

Defendant's MOTION to Compel Production of Documents by E-Loan, Inc., Banco Popular North America, Inc.. Responses due by 10/29/2009 (Attachments: # 1 Text of Proposed Order)(Lewis, Samuel) (Entered: 10/09/2009)

(SEALED PER ORDER DE#66) SEALED DOCUMENT, Text Modified on 10/27/2009 (cqs). (Entered: 10/21/2009)

AFFIDAVIT in Support re 56 MOTION to Compel Defendants to Search for and Produce CE Documents Concerning Accused Acts of Infringement and Accompanying Memorandum of Law filed by IMX, Inc.. (Attachments: # 1, # 2, # 3, # 4, # 5, # 6, # 7, # 8, # 9)(Mullins, Edward) (Entered: 10/21/2009)

Plaintiff's MOTION to Expedite and Request for Hearing and Expedited Consideration of Motion to Compel the Production of Documents Concerning Accused Acts of Infringement by IMX, Inc.. (Attachments: # 1)(Mullins, Edward) (Entered: 10/21/2009)

MOTION/Request for Hearing re 56 MOTION to Compel Defendants to Search for and Produce CE Documents Concerning Accused Acts of Infringement and Accompanying Memorandum of Law by IMX, Inc. See image DE 58 (lk) (Entered: 10/22/2009)

Sealed Document (asl) (Entered: 10/22/2009)

NOTICE by IMX, Inc. of Filing Rebuttal Brief on Claim Construction (Attachments: # 1 Exhibit A)(Allen, Chalon) (Entered: 10/23/2009)

RESPONSE in Opposition re 53 Defendant's MOTION to Bifurcate Action Into Liability And Damage Phases filed by IMX, Inc.. (Attachments: # 1 Exhibit Declaration)(Mullins, Edward) (Entered: 10/26/2009)

ORDER Granting IMX, Inc.'s Motion for Leave to File Document Under Seal. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/26/2009. (cqs) (Entered: 10/27/2009)

Joint MOTION to Amend/Correct 47 Order on Motion for Protective Order by IMX, Inc.. Responses due by 11/16/2009 (Attachments: # 1 Exhibit "A" - Proposed Amendment to Stipulated Protective Order)(Allen, Chalon) (Entered: 10/28/2009)

Plaintiff IMX's MOTION for the Admission of Michael R. Casey, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing. Filing Fee $75. Receipt # 1010924. (cw) (Entered: 11/02/2009)

AMENDMENT TO STIPULATED PROTECTIVE ORDER/ORDER granting 67 Motion to Amend/Correct. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/29/2009. (cqs) (Entered: 10/29/2009)

RESPONSE in Opposition re 54 Defendant's MOTION to Compel Production of Documents filed by IMX, Inc.. (Allen, Chalon) (Entered: 10/29/2009)

RESPONSE in Opposition re 55 Plaintiff's MOTION to Produce Documents filed by Banco Popular North America, Inc., E-Loan, Inc.. (Attachments: # 1 Exhibit Composite Exhibit "A")(Lewis, Samuel) (Entered: 10/29/2009)

ORDER granting 73 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings as to Michael R. Casey,. Signed by Judge Jose E. Martinez on 11/2/2009. (cqs) (Entered: 11/03/2009)

REPLY to Response to Motion re 55 Plaintiff's MOTION to Produce Documents filed by IMX, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Allen, Chalon) . (Entered: 11/03/2009)

Sealed Document (rgs) (Entered: 11/04/2009)

NOTICE by IMX, Inc. of Docketing Error (Allen, Chalon) (Entered: 11/04/2009)

REPLY to Response to Motion re 53 Defendant's MOTION to Bifurcate Action Into Liability And Damage Phases filed by Banco Popular North America, Inc., E-Loan, Inc.. (Attachments: # 1 Exhibit A - Streamserve slip copy, # 2 Exhibit B - Bosch slip copy)(Lewis, Samuel) (Entered: 11/05/2009)

Plaintiff IMX's MOTION for the Admission of John Allcock, Esquire, to Appear Pro Hac Vice and Request to Receive Electronic Notices of Filing. Filing Fee $75. Receipt # 1011396. (cw) (Entered: 11/08/2009)

*ORDER granting Motion for Leave to File Documents under Seal 77 . Signed by Ch. Magistrate Judge Stephen T. Brown on 11/9/2009. (sly) (Entered: 11/09/2009)

REPLY to Response to Motion re 54 Defendant's MOTION to Compel Production of Documents filed by Banco Popular North America, Inc., E-Loan, Inc.. (Attachments: # 1 Exhibit Composite Exhibit "A")(Lewis, Samuel) (Entered: 11/09/2009)

ORDER granting 80 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings as to John Allcock. Signed by Judge Jose E. Martinez on 11/9/2009. (cqs) (Entered: 11/09/2009)

REPLY to Response to Motion re 55 Plaintiff's MOTION to Produce Documents Relevent to Damages filed by IMX, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A to Declaration)(Escobar, Annette) (Entered: 11/09/2009)

NOTICE by IMX, Inc. re 86 MOTION for Protective Order to Preclude Deposition of IMX's Trial Counsel and Accompanying Memorandum of Law of Filing Declaration of William Goldman in Support (Attachments: # 1 Affidavit William Goldman)(Mullins, Edward) (Entered: 11/13/2009)

NOTICE by Banco Popular North America, Inc., E-Loan, Inc. of Service of Expert Disclosures (Lewis, Samuel) (Entered: 11/13/2009)

NOTICE of Compliance of Service of Expert Disclosures by IMX, Inc. (Mullins, Edward) (Entered: 11/13/2009)

NOTICE of Compliance with service of expert disclosures by Banco Popular North America, Inc. re 37 Order on Motion to Amend/Correct. See image DE 89 (lk) (Entered: 11/16/2009)

Clerks Notice to Filer re 89 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 91] Notice of compliance. It is not necessary to refile this document. (lk) (Entered: 11/16/2009)

Minute Order: for proceedings held before Judge Jose E. Martinez: Markman Hearing held on 11/17/2009. Court Reporter: Dawn Whitmarsh, Phone: 305-523-5598 (wh) (Entered: 11/17/2009)

Banco Popular North America, Inc.

E-Loan, Inc.

IMX, Inc.