Lupercal LLC v. CitiBank, N.A.

6:19-cv-00201

Overview

Case Number 6:19-cv-00201

Filing Date 2019-03-11

Status Terminated

Termination Date 2020-03-06

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

Presiding Judge Alan D. Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Consol Defendant

Plains Capital Bank

Represented By

6 Attorneys Listed

Shawn S. Chang

Finnegan, Henderson, Farabow, Garrett & Dunner LLP

Tel: +1 (404) 653-6455

Fax: +1 (404) 653-6444

271 17th St Nw Suite 1400, Atlanta, GA 30363-6209

Mackenzie Marie Martin

Baker & Mackenzie LLP

Tel: +1 (214) 978-3048

Fax: +1 (214) 978-3099

1900 North Pearl Street, Suite 1500

Kevin D. Rodkey

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Tel: +1 (404) 653-6400

Fax: +1 (404) 653-6444

271 17th St. NW, Suite 1400, Atlanta, GA 30363-6209

John G. Flaim

Baker & McKenzie LLP

Tel: +1 (214) 978-3000

Fax: +1 (214) 978-3099

1900 North Pearl Street, Suite 1500

Jency J. Mathew

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Tel: +1 (571) 203-2419

Fax: +1 (202) 408-4400

11955 Freedom Square, Reston, VA 20190

Jeffrey A. Berkowitz

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Tel: +1 (571) 203-2710

Fax: +1 (202) 408-4400

Two Freedom Square, 11955 Freedom Drive, Reston, VA 20190-5675

Plaintiff

Lupercal LLC

Represented By

1 Attorneys Listed

Raymond W Mort , III

The Mort Law Firm, PLLC

Tel: +1 (512) 865-7950

Fax: +1 (512) 865-7950

100 Congress Ave, Suite 2000, Austin, TX 78701

Counter Plaintiff

CitiBank, N.A.

Represented By

3 Attorneys Listed

Spencer D. Hamilton

Dentons US LLP

Tel: +1 (214) 259-0900

Fax: +1 (214) 259-0910

2000 McKinney Ave., Suite 1900, Dallas, TX 75201

Laura Gibson

Dentons US LLP

Tel: +1 (713) 658-4635

Fax: +1 (713) 739-0834

1221 McKinney Street, Suite 1900, Houston, TX 77010

Glenn A. Ballard , Jr.

Dentons US LLP

Tel: +1 (713) 658-4633

1221 McKinney Street, Suite 1900, LyondellBassell Tower

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D. Albright

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

2019-03-11

Download

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

2019-03-11

Download

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

2019-03-11

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REQUEST FOR ISSUANCE OF SUMMONS by Lupercal LLC. (Mort, Raymond) (Entered: 03/11/2019)

2019-03-11

View

Lupercal LLC v. CitiBank, N.A.

Overview

Parties

Consol Defendant

Plains Capital Bank Follow

Represented By

Plaintiff

Lupercal LLC Follow

Represented By

Counter Plaintiff

CitiBank, N.A. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

COMPLAINT ( Filing fee $ 400 receipt number 0542-11864650), filed by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Mort, Raymond) (Entered: 03/11/2019)

REQUEST FOR ISSUANCE OF SUMMONS by Lupercal LLC. (Mort, Raymond) (Entered: 03/11/2019)

RULE 7 DISCLOSURE STATEMENT filed by Lupercal LLC. (Mort, Raymond) (Entered: 03/11/2019)

NOTICE of Filing Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office by Lupercal LLC (Mort, Raymond) (Entered: 03/11/2019)

Summons Issued as to CitiBank, N.A. (tb) (Entered: 03/12/2019)

Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (tb) (Entered: 03/12/2019)

Case assigned to Judge Alan D Albright. 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. (lad)

Case Assigned/Reassigned

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by CitiBank, N.A.. (Hamilton, Spencer) (Entered: 04/10/2019)

Set/Reset Answer Deadline

Order on Motion for Extension of Time to Answer

Set/Reset Deadlines: CitiBank, N.A. answer due 5/2/2019. (tb)

MOTION to Appear Pro Hac Vice by Glenn A. Ballard, Jr for Laura Gibson ( Filing fee $ 100 receipt number 0542-12070258) by on behalf of CitiBank, N.A.. (Attachments: # 1 Proposed Order Order)(Ballard, Glenn) (Entered: 05/02/2019)

MOTION to Appear Pro Hac Vice by Glenn A. Ballard, Jr for Laura Gibson ( Filing fee $ 100 receipt number 0542-12070258) by on behalf of CitiBank, N.A.. (Attachments: # 1 Proposed Order Order)(Ballard, Glenn) (Entered: 05/02/2019)

MOTION to Dismiss for Lack of Jurisdiction by CitiBank, N.A.. (Attachments: # 1 Proposed Order Proposed Order)(Ballard, Glenn) (Entered: 05/02/2019)

MOTION to Dismiss for Lack of Jurisdiction by CitiBank, N.A.. (Attachments: # 1 Proposed Order Proposed Order)(Ballard, Glenn) (Entered: 05/02/2019)

AMENDED COMPLAINT against CitiBank, N.A. amending, filed by Lupercal LLC.(Mort, Raymond) (Entered: 05/08/2019)

RESPONSE to Motion, filed by Lupercal LLC, re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant CitiBank, N.A. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 05/08/2019)

RESPONSE to Motion, filed by Lupercal LLC, re 9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant CitiBank, N.A. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 05/08/2019)

Unopposed MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Amended Complaint by CitiBank, N.A.. (Attachments: # 1 Proposed Order Proposed Order)(Gibson, Laura) (Entered: 05/21/2019)

Unopposed MOTION for Extension of Time to File Answer or otherwise respond to Plaintiff's Amended Complaint by CitiBank, N.A.. (Attachments: # 1 Proposed Order Proposed Order)(Gibson, Laura) (Entered: 05/21/2019)

Reset Deadlines: CitiBank, N.A. answer to Amended Complaint due 6/12/2019. (lad)

Order on Motion for Extension of Time to Answer

Set/Reset Answer Deadline

Order on Motion to Dismiss/Lack of Jurisdiction

Defendant's ANSWER to 11 Amended Complaint Affirmative Defenses and, COUNTERCLAIM against Lupercal LLC by CitiBank, N.A..(Gibson, Laura) (Entered: 06/12/2019)

Plaintiff's ANSWER to 14 Answer to Amended Complaint, Counterclaim by Lupercal LLC.(Mort, Raymond) (Entered: 06/12/2019)

NOTICE of Readiness for Scheduling Conference by Lupercal LLC (Mort, Raymond) (Entered: 06/12/2019)

ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE for 8/9/2019 09:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 06/17/2019)

RULE 7 DISCLOSURE STATEMENT filed by CitiBank, N.A.. (Gibson, Laura) (Entered: 06/19/2019)

Proposed Scheduling Order (Agreed) and Order Governing Proceedings by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 08/09/2019)

Proposed Scheduling Order (Agreed) and Order Governing Proceedings by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 08/09/2019)

ORDER RESETTING FINAL PRETRIAL CONFERENCE (as tolocation), Final Pretrial Conference set for 11/20/2020 10:00 AM in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 West Fifth Street, Austin, TX before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 09/09/2019)

ORDER CONSOLIDATING CASES. Consolidate 6:19-cv-00201 and 6:19-cv-00202, where6:19-cv-00201 is the lead case. Signed by Judge Alan D Albright. (am) Modified on 9/10/2019 (am). (Entered: 09/10/2019)

ORDER RESETTING MARKMAN HEARING, Markman Hearing set for 1/24/2020 01:30 PM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 09/10/2019)

Joint MOTION to Stay all Deadlines and Notice of Settlement by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 09/12/2019)

Joint MOTION to Stay all Deadlines and Notice of Settlement by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 09/12/2019)

Case Stayed

Order on Motion to Stay

Case Stayed for thity (30) days. (am)

AMENDED COMPLAINT against Plains Capital Bank amending, filed by Lupercal LLC.(Mort, Raymond) (Entered: 09/17/2019)

ANSWER to 27 Amended Complaint with Jury Demand, COUNTERCLAIM against Lupercal LLC by Plains Capital Bank.(Rodkey, Kevin) (Entered: 09/30/2019)

ANSWER to 28 Answer to Amended Complaint, Counterclaim by Lupercal LLC.(Mort, Raymond) (Entered: 10/08/2019)

Joint MOTION to Dismiss by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 11/08/2019)

Joint MOTION to Dismiss by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 11/08/2019)

Order on Motion to Dismiss

ORDER CANCELLING MARKMAN HEARING. Signed by Judge Alan D Albright. (am) Modified on 11/12/2019 (am). (Entered: 11/12/2019)

ORDER CANCELLING FINAL PRETRIAL CONFERENCE. Signed by Judge Alan D Albright. (am) (Entered: 11/12/2019)

ORDER CANCELLING JURY SELECTION AND TRIAL. Signed by Judge Alan D Albright. (am) (Entered: 11/12/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

BRIEF by Lupercal LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Mort, Raymond) (Entered: 11/15/2019)

Unopposed MOTION to Extend Scheduling Order Deadlines by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 11/29/2019)

Unopposed MOTION to Extend Scheduling Order Deadlines by Lupercal LLC. (Attachments: # 1 Proposed Order)(Mort, Raymond) (Entered: 11/29/2019)

Order on Motion to Extend Scheduling Order Deadlines

BRIEF regarding 34 Brief by Plains Capital Bank. (Attachments: # 1 Exhibit PC24)(Flaim, John) (Entered: 12/10/2019)

BRIEF regarding 34 Brief by Plains Capital Bank. (Attachments: # 1 Exhibit PC24)(Flaim, John) (Entered: 12/10/2019)

BRIEF regarding 35 Brief,, by Lupercal LLC. (Mort, Raymond) (Entered: 12/10/2019)

Plains Capital Bank

Lupercal LLC

CitiBank, N.A.