mCom IP, LLC v. BackBase U.S.A. Inc.

COMPLAINT against BackBase U.S.A. Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25850572)Document filed by mCom IP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet).(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

2022-03-11

1

View

AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

2022-03-11

1

View

REQUEST FOR ISSUANCE OF SUMMONS as to BackBase U.S.A. Inc., re: 1 Complaint. Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

2022-03-11

1

View

ELECTRONIC SUMMONS ISSUED as to BackBase U.S.A. Inc...(sj) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

2022-03-14

1

View

AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(sj) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

2022-03-14

1

View

CIVIL COVER SHEET filed..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

2022-03-14

1

View

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: 1. Counsel receiving this order shall contact all counsel of record (or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 6/23/2022 at 10:45 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 6/23/2022 at 10:45 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/14/2022) (kv)[Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

2022-03-14

1

View

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David John Hoffman to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) [Transferred from New York Southern on 5/11/2023.]

2022-03-14

1

No Actions

Case Designated ECF. (sj) [Transferred from New York Southern on 5/11/2023.]

2022-03-14

1

No Actions

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) [Transferred from New York Southern on 5/11/2023.]

2022-03-14

1

No Actions

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) [Transferred from New York Southern on 5/11/2023.]

2022-03-14

1

No Actions

SUMMONS RETURNED EXECUTED. BackBase U.S.A. Inc. served on 3/17/2022, answer due 4/7/2022. Service was accepted by Theresa Grandison. Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/24/2022)

2022-03-24

1

View

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Colleen McMahon from David J. Hoffman dated 04/01/2022. Document filed by mCom IP, LLC. Return Date set for 5/27/2022 at 05:00 PM..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 04/01/2022)

2022-04-01

1

View

ORDER granting 9 Letter Motion for Extension of Time to Answer re 9 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Colleen McMahon from David J. Hoffman dated 04/01/2022., 1 Complaint. Ok. BackBase U.S.A. Inc. answer due 5/27/2022. (Signed by Judge Colleen McMahon on 4/4/2022) (kv) [Transferred from New York Southern on 5/11/2023.] (Entered: 04/04/2022)

2022-04-04

1

View

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for N. Andrew Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26209510. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Proposed Order for Admission Pro Hac Vice).(Crain, Andrew) Modified on 5/31/2022 (sgz). [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

2022-05-27

1

View

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Robert D. Gravois to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26209785. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Proposed Order for Admission Pro Hac Vice).(Gravois, Robert) Modified on 5/31/2022 (sgz). [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

2022-05-27

1

View

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BackBase U.S.A. Inc...(Gravois, Robert) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

2022-05-27

1

View

MOTION to Dismiss For Improper Venue and Failure to State a Claim. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

2022-05-27

1

View

MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit Backbase Marketing Brochure, # 2 Exhibit Delaware Division of Corporations Details of Backbase USA Inc., # 3 Exhibit Declaration of Janice Rempe, # 4 Exhibit Printout of Contact Us Page).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

2022-05-27

1

View

MOTION for Robert D. Gravois to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Proposed Order for Admission Pro Hac Vice).(Gravois, Robert) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/31/2022)

2022-05-31

1

View

MOTION for N. Andrew Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Affidavit Affidavit in support of Motion for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Proposed Order for Admission Pro Hac Vice).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/31/2022)

2022-05-31

1

View

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for N. Andrew Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26209510. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) [Transferred from New York Southern on 5/11/2023.]

2022-05-31

1

No Actions

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 MOTION for Robert D. Gravois to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26209785. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) [Transferred from New York Southern on 5/11/2023.]

2022-05-31

1

No Actions

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for N. Andrew Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 5/11/2023.]

2022-06-01

1

No Actions

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Robert D. Gravois to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) [Transferred from New York Southern on 5/11/2023.]

2022-06-01

1

No Actions

ORDER FOR ADMISSION PRO HAC VICE OF ROBERT D. GRAVOIS granting 16 Motion for Robert D. Gravois to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 6/6/2022) (kv)[Transferred from New York Southern on 5/11/2023.] (Entered: 06/06/2022)

2022-06-06

1

View

ORDER FOR ADMISSION PRO HAC VICE OF N. ANDREW CRAIN granting 17 Motion for N. Andrew Crain to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 6/6/2022) (kv) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/06/2022)

2022-06-06

1

View

RESPONSE to Motion re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by mCom IP, LLC. (Attachments: # 1 Affidavit of Kyril Talanov, # 2 Exhibit A).(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/10/2022)

2022-06-10

1

View

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit Declaration of Robert Gravois, # 2 Exhibit LexisNexis Phone Records, # 3 Exhibit Google Maps Directions).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/17/2022)

2022-06-17

1

Download

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit Declaration of Robert Gravois, # 2 Exhibit LexisNexis Phone Records, # 3 Exhibit Google Maps Directions).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/17/2022)

2022-06-17

2

View

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit Declaration of Robert Gravois, # 2 Exhibit LexisNexis Phone Records, # 3 Exhibit Google Maps Directions).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/17/2022)

2022-06-17

2

View

REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit Declaration of Robert Gravois, # 2 Exhibit LexisNexis Phone Records, # 3 Exhibit Google Maps Directions).(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/17/2022)

2022-06-17

2

View

LETTER MOTION to Stay addressed to Judge Colleen McMahon from N. Andrew Crain dated June 20, 2022. Document filed by BackBase U.S.A. Inc.. (Attachments: # 1 Exhibit IPR Institution Decision, # 2 Exhibit IPR Scheduling Order, # 3 Exhibit MCom's Brief in Opposition to Motion to Stay in Avaya Litigation, # 4 Exhibit Order Granting Stay in Avaya Litigation).(Gravois, Robert) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/20/2022)

2022-06-20

1

View

ORDER with respect to 22 Letter Motion to Stay re: 22 LETTER MOTION to Stay addressed to Judge Colleen McMahon from N. Andrew Crain dated June 20, 2022. mCom has 5 business days from today (June 21) to respond to this (improper) letter motion. I am inclined to grant the stay unless mCom can convince me otherwise.. (Signed by Judge Colleen McMahon on 6/21/2022) (kv) [Transferred from New York Southern on 5/11/2023.]

2022-06-22

1

Download

LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from William Ramey/David Hoffman dated 06/28/2022 re: 22 LETTER MOTION to Stay addressed to Judge Colleen McMahon from N. Andrew Crain dated June 20, 2022. . Document filed by mCom IP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/28/2022)

2022-06-28

1

View

ORDER GRANTING STAY OF PROCEEDINGS PENDING INTER PARTIES REVIEW granting 22 Letter Motion to Stay re: 22 LETTER MOTION to Stay addressed to Judge Colleen McMahon from N. Andrew Crain dated June 20, 2022. The court has reviewe d the request for a stay of this case pending inter parties review of the asserted patent and the plaintiff's opposition thereto. The motion for a stay is granted. The fact that a third party, not defendant in this case, petitioned for IPR, and that Backbase is not a party to the IPR, is utterly irrelevant to whether a stay is appropriate. So is the fact that the PTAB instituted IPR because it was "reasonably likely" that one claim would be invalidated (that is what the PTAB routi nely does, and when one claim is reasonably likely to be invalidated it brings all challenged claims up for review). The defendant is correct that a stay has the potential to simplify this case by reducing the number of claims that can be asserted ag ainst defendant (or perhaps mooting this case altogether). The PTAB will also address claim construction issues, which will greatly simplify matters for this court. We are at the beginning of the case, which counsels in favor of a stay. And a stay wi ll not prejudice mCom, since it has not right to litigate alleged infringement of claims that are not invalid. The parties are directed to report to the court as soon as the PTAB issues its decision, at which point we will schedule a conference and figure out what, if anything, is left of this case.. (Signed by Judge Colleen McMahon on 7/13/2022) BY ECF TO ALL COUNSEL (kv) [Transferred from New York Southern on 5/11/2023.]

2022-07-13

1

Download

MOTION for Robert Duncan Gravois to Withdraw as Attorney of Record for Defendant Backbase U.S.A., Inc.. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 09/14/2022)

2022-09-14

1

View

MEMO ENDORSEMENT granting 26 Motion to Withdraw as Attorney. ENDORSEMENT: Granted, please remove counsel form the case. SO ORDERED. Attorney Robert Duncan Gravois terminated. (Signed by Judge Colleen McMahon on 9/15/2022) (kv) [Transferred from New York Southern on 5/11/2023.] (Entered: 09/15/2022)

2022-09-15

1

View

NOTICE: The parties in the above captioned matter are directed to report to the court regarding the status of the PTAB inter partes review of the asserted patent and the plaintiff's opposition thereto. (Signed by Judge Colleen McMahon on 9/27/2022) (ate) [Transferred from New York Southern on 5/11/2023.]

2022-09-27

1

Download

NOTICE of Defendant's Notice of Status Report on Plaintiff's IPR Pursuant to the Court's September 27, 2022 Order [Doc. 28] re: 28 Order,. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 10/11/2022)

2022-10-11

1

View

STATUS REPORT. of IPR Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 10/12/2022)

2022-10-12

1

View

ORDER: The parties in the above captioned matter are directed to report to the court regarding the status of the PTAB inter partes review of the asserted patent and the plaintiff's opposition thereto. (Signed by Judge Colleen McMahon on 3/24/2023) (rro) [Transferred from New York Southern on 5/11/2023.]

2023-03-24

1

Download

STATUS REPORT. OF IPR PURSUANT TO ORDER, DOC NO. 31 Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/28/2023)

2023-03-28

1

View

STATUS REPORT. Defendant's Notice of Status Report on Plaintiff's IPR Pursuant to the Court's March 24, 2023 Order [Dkt. 31] Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/29/2023)

2023-03-29

1

View

CALENDAR NOTICE: Please take notice that the above captioned matter has been re-scheduled for a: Status conference on Thursday, May 11, 2023 at 12:00 P.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and filed on the Court's ECF (Electronic Case Filing) system. SO ORDERED. Telephone Conference set for 5/11/2023 at 12:00 PM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/3/2023) (kv) [Transferred from New York Southern on 5/11/2023.] (Entered: 04/03/2023)

2023-04-03

1

View

NOTICE: In advance of the status conference scheduled for May 11, 2023, the parties in the above captioned matter are directed to report to the court whether an appeal of the Final Written Decision of the PTAB inter partes review has been filed with the Federal Circuit. BY ECF TO ALL COUNSEL. (Signed by Judge Colleen McMahon on 5/8/2023) (vfr) [Transferred from New York Southern on 5/11/2023.]

2023-05-08

1

Download

STATUS REPORT. Plaintiff's Status Report of IPR Pursuant to the Court's March 24, 2023, Order (Doc. 31) Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/10/2023)

2023-05-10

1

View

ORDER TRANSFERRING CASE TO NORTHERN DISTRICT OF GEORGIA: IT IS HEREBY ORDERED that the Clerk of Court transfer this action forthwith to the Northern District of Georgia, and close the file in this District (Signed by Judge Colleen McMahon on 5/11/2023) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 5/11/2023.]

2023-05-11

1

Download

Case transferred in from District of New York Southern; Case Number 1:22-cv-02046. Original file certified copy of transfer order and docket sheet received. (Entered: 05/11/2023)

2023-05-11

1

View

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 5/11/2023. Decision: Initial conference held. Submitted by: Philip Chertoff. (mde) [Transferred from New York Southern on 5/11/2023.]

2023-05-11

1

No Actions

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Georgia.(rro) [Transferred from New York Southern on 5/11/2023.]

2023-05-11

1

No Actions

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to David J. Hoffman. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

2023-05-21

1

View

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to William P. Ramey, III. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

2023-05-21

1

Download

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kyril Talanov. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

2023-05-21

1

View

ORDER: The parties are hereby ORDERED to meet and confer and file a joint status report within 14 days of the entry of this Order. If further proceedings are necessary in this action, the status report should be accompanied by a proposed scheduling order. Signed by Judge Leigh Martin May on 6/5/23. (jra) (Entered: 06/05/2023)

2023-06-05

1

Download

Clerk's Certificate of Mailing as to mCom IP, LLC re 42 Order. (jra)

2023-06-05

1

No Actions

Defendant's Proposed Schedule filed by BackBase U.S.A. Inc.(Attachments: # 1 Text of Proposed Order)(Crain, Norman) (Entered: 06/21/2023)

2023-06-21

1

Download

Defendant's Proposed Schedule filed by BackBase U.S.A. Inc.(Attachments: # 1 Text of Proposed Order)(Crain, Norman) (Entered: 06/21/2023)

2023-06-21

2

View

Submission of 40 Letter re:83.1, 39 Letter re:83.1, 41 Letter re:83.1, to District Judge Leigh Martin May for show cause order. No PHV Motion filed. (rvb)

2023-06-21

1

No Actions

Submission of 42 Order to District Judge Leigh Martin May. (bnp)

2023-06-21

1

No Actions

ORDER: Therefore, Mr. Hoffman, Mr. Talanov, and Mr. Ramey are each DIRECTED to either file a pro hac vice application or to withdraw from the case by July 7, 2023. Should an attorney not file a pro hac vice application or withdraw, he shall be removed from this case. The Clerk is DIRECTED to mail this order to David J. Hoffman at Hoffman Law, 254 W. 15th St., Apt 2C, New York, NY 10011, and to Kyril Talanov and William P. Ramey, III, at Ramey LLP, 5020 Montrose Blvd., Suite 800, Houston, TX 77006. Signed by Judge Leigh Martin May on 6/22/2023. (jra) (Entered: 06/23/2023)

2023-06-22

1

Download

Clerk's Certificate of Mailing as to David J. Hoffman, Kyril Talanov, and William P. Ramey, III re 44 Order. (jra)

2023-06-23

1

No Actions

SCHEDULING ORDER: Upon review of the information contained in the Defendant's Proposed Schedule, the Court hereby ORDERS that the following schedule govern the parties in this case: Defendant's Renewed 12(b)(6) Motion: June 30, 2023; Plaintiff's Response to Defendant's Renewed Rule 12(b)(6) Motion: July 14, 2023; Defendant's Reply in Support of its Renewed 12(b)(6) Motion: July 28, 2023; Parties' Joint Report Regarding Further Actions and Deadlines in this Matter: Ten (10) days after Court's Order on Defendant's Renewed 12(b)(6) Motion. Signed by Judge Leigh Martin May on 6/27/23. (jra) (Entered: 06/27/2023)

2023-06-27

1

View

NOTICE of Appearance by Paul Joseph Spina, IV on behalf of BackBase U.S.A. Inc. (Spina, Paul) (Entered: 06/27/2023)

2023-06-27

1

View

Clerk's Certificate of Mailing as to Counsel of Record for mCom IP, LLC re 45 Scheduling Order. (jra)

2023-06-27

1

No Actions

RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by BackBase U.S.A. Inc. (Attachments: # 1 Brief in Support of Its Renewed Motion to Dismiss for Failure to State a Claim, # 2 Exhibit A - mCom's Preliminary Infringement Contentions)(Crain, Norman) (Entered: 06/30/2023)

2023-06-30

1

View

RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by BackBase U.S.A. Inc. (Attachments: # 1 Brief in Support of Its Renewed Motion to Dismiss for Failure to State a Claim, # 2 Exhibit A - mCom's Preliminary Infringement Contentions)(Crain, Norman) (Entered: 06/30/2023)

2023-06-30

2

Download

Request for Extension of Time To File Notice of Appearance Pending Appearance Of Local Counsel and Respond To Renewed Motion To Dismiss by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order)(jra) (Entered: 07/14/2023)

2023-07-13

1

Download

Request for Extension of Time To File Notice of Appearance Pending Appearance Of Local Counsel and Respond To Renewed Motion To Dismiss by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order)(jra) (Entered: 07/14/2023)

2023-07-13

2

View

ORDER: The Court having considered this Motion 48 grants Plaintiff an additional two weeks to obtain local counsel and appear by July 21, 2023 and grants an additional two weeks to respond to Defendant's Motion to Dismiss by July 28, 2023. Signed by Judge Leigh Martin May on 7/14/2023. (jra) (Entered: 07/14/2023)

2023-07-14

1

Download

Clerk's Certificate of Mailing as to Counsel of Record for mCom IP, LLC re 49 Order on Motion for Extension of Time. (jra)

2023-07-14

1

No Actions

NOTICE of Appearance by Kristina Jasmine cos on behalf of mCom IP, LLC (cos, Kristina) (Entered: 07/18/2023)

2023-07-18

1

Download

APPLICATION for Admission of William P. Ramey, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12762083).by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order MCOM - Proposed Order Pro Hac)(cos, Kristina) Documents for this entry are not available for viewing outside the courthouse. Modified on to correct applicant 7/24/2023 (rvb). (Entered: 07/21/2023)

2023-07-21

1

View

STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 7/24/2023. (bnp) (Entered: 07/24/2023)

2023-07-24

1

View

APPROVAL by Clerks Office re: 51 APPLICATION for Admission of William P. Ramey, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12762083). Attorney William P. Ramey, III added appearing on behalf of mCom IP, LLC. E-filing access may be requested after an order granting the application is entered. (rvb) Modified on 7/24/2023 to correct applicant (rvb).

2023-07-24

1

No Actions

Submission of 44 Order to District Judge Leigh Martin May. (bnp)

2023-07-24

1

No Actions

ORAL ORDER granting 51 Application for Admission of William P. Ramey, III Pro Hac Vice. Ruled on by Judge Leigh Martin May on 7/24/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bnp)

2023-07-24

1

No Actions

RESPONSE re 47 MOTION to Dismiss For Improper Venue and Failure to State a Claim. PLT. Response to DEF. Motion to Dismiss filed by mCom IP, LLC. (Ducos, Kristina) Modified on 8/11/2023 to add link to Dkt. No. 47 (bnp). (Entered: 07/31/2023)

2023-07-31

1

Download

REPLY to Response to Motion re 47 RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Backbase USA, Inc.'s Renewed Partial Motion to Dismiss for Failure to State a Claim filed by BackBase U.S.A. Inc.. (Crain, Norman) (Entered: 08/11/2023)

2023-08-11

1

Download

ORDER: This case is before the Court on a sua sponte review. Plaintiff mCom IP, LLC, has not filed the Certificate of Interested Persons and Corporate Disclosure Statement required by LR 3.3, NDGa. Plaintiff is hereby ORDERED to file the Certificate of Interested Persons within 14 days of entry of this Order. Signed by Judge Leigh Martin May on 8/15/23. (jra) (Entered: 08/15/2023)

2023-08-15

1

Download

Submission of 47 RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (bnp)

2023-08-15

1

No Actions

Certificate of Interested Persons by mCom IP, LLC. (Ducos, Kristina) (Entered: 08/29/2023)

2023-08-29

1

Download

Joint MOTION to Dismiss With Prejudice by mCom IP, LLC. (Ducos, Kristina) (Entered: 11/20/2023)

2023-11-20

1

Download

ORDER granting 57 Motion to Dismiss. This action is DISMISSED WITH PREJUDICE, subject to the terms of the above-described agreement, with each party to bear its own costs, expenses, and attorney's fees. The Clerk is DIRECTED to close the case. Signed by Judge Leigh Martin May on 11/27/2023. (tht) (Entered: 11/27/2023)

2023-11-27

1

View

AO Form 120 forwarded to Commissioner. (tht) (Entered: 11/27/2023)

2023-11-27

1

View

Civil Case Terminated. (tht)

2023-11-27

1

No Actions

Overview

Parties

Defendant

BackBase U.S.A. Inc. Follow

Represented By

Plaintiff

mCom IP, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against BackBase U.S.A. Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25850572)Document filed by mCom IP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet).(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

REQUEST FOR ISSUANCE OF SUMMONS as to BackBase U.S.A. Inc., re: 1 Complaint. Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/11/2022)

ELECTRONIC SUMMONS ISSUED as to BackBase U.S.A. Inc...(sj) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

CIVIL COVER SHEET filed..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/14/2022)

Case Designated ECF. (sj) [Transferred from New York Southern on 5/11/2023.]

SUMMONS RETURNED EXECUTED. BackBase U.S.A. Inc. served on 3/17/2022, answer due 4/7/2022. Service was accepted by Theresa Grandison. Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/24/2022)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BackBase U.S.A. Inc...(Gravois, Robert) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

MOTION to Dismiss For Improper Venue and Failure to State a Claim. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/27/2022)

RESPONSE to Motion re: 14 MOTION to Dismiss For Improper Venue and Failure to State a Claim. . Document filed by mCom IP, LLC. (Attachments: # 1 Affidavit of Kyril Talanov, # 2 Exhibit A).(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 06/10/2022)

MOTION for Robert Duncan Gravois to Withdraw as Attorney of Record for Defendant Backbase U.S.A., Inc.. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 09/14/2022)

MEMO ENDORSEMENT granting 26 Motion to Withdraw as Attorney. ENDORSEMENT: Granted, please remove counsel form the case. SO ORDERED. Attorney Robert Duncan Gravois terminated. (Signed by Judge Colleen McMahon on 9/15/2022) (kv) [Transferred from New York Southern on 5/11/2023.] (Entered: 09/15/2022)

NOTICE of Defendant's Notice of Status Report on Plaintiff's IPR Pursuant to the Court's September 27, 2022 Order [Doc. 28] re: 28 Order,. Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 10/11/2022)

STATUS REPORT. of IPR Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 10/12/2022)

STATUS REPORT. OF IPR PURSUANT TO ORDER, DOC NO. 31 Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/28/2023)

STATUS REPORT. Defendant's Notice of Status Report on Plaintiff's IPR Pursuant to the Court's March 24, 2023 Order [Dkt. 31] Document filed by BackBase U.S.A. Inc...(Crain, Andrew) [Transferred from New York Southern on 5/11/2023.] (Entered: 03/29/2023)

STATUS REPORT. Plaintiff's Status Report of IPR Pursuant to the Court's March 24, 2023, Order (Doc. 31) Document filed by mCom IP, LLC..(Hoffman, David) [Transferred from New York Southern on 5/11/2023.] (Entered: 05/10/2023)

Case transferred in from District of New York Southern; Case Number 1:22-cv-02046. Original file certified copy of transfer order and docket sheet received. (Entered: 05/11/2023)

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 5/11/2023. Decision: Initial conference held. Submitted by: Philip Chertoff. (mde) [Transferred from New York Southern on 5/11/2023.]

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Georgia.(rro) [Transferred from New York Southern on 5/11/2023.]

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to David J. Hoffman. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to William P. Ramey, III. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Kyril Talanov. Clerk to follow-up by 5/31/2023. (rvb) (Entered: 05/21/2023)

Clerk's Certificate of Mailing as to mCom IP, LLC re 42 Order. (jra)

Defendant's Proposed Schedule filed by BackBase U.S.A. Inc.(Attachments: # 1 Text of Proposed Order)(Crain, Norman) (Entered: 06/21/2023)

Defendant's Proposed Schedule filed by BackBase U.S.A. Inc.(Attachments: # 1 Text of Proposed Order)(Crain, Norman) (Entered: 06/21/2023)

Submission of 40 Letter re:83.1, 39 Letter re:83.1, 41 Letter re:83.1, to District Judge Leigh Martin May for show cause order. No PHV Motion filed. (rvb)

Submission of 42 Order to District Judge Leigh Martin May. (bnp)

Clerk's Certificate of Mailing as to David J. Hoffman, Kyril Talanov, and William P. Ramey, III re 44 Order. (jra)

NOTICE of Appearance by Paul Joseph Spina, IV on behalf of BackBase U.S.A. Inc. (Spina, Paul) (Entered: 06/27/2023)

Clerk's Certificate of Mailing as to Counsel of Record for mCom IP, LLC re 45 Scheduling Order. (jra)

Request for Extension of Time To File Notice of Appearance Pending Appearance Of Local Counsel and Respond To Renewed Motion To Dismiss by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order)(jra) (Entered: 07/14/2023)

Request for Extension of Time To File Notice of Appearance Pending Appearance Of Local Counsel and Respond To Renewed Motion To Dismiss by mCom IP, LLC. (Attachments: # 1 Text of Proposed Order)(jra) (Entered: 07/14/2023)

Clerk's Certificate of Mailing as to Counsel of Record for mCom IP, LLC re 49 Order on Motion for Extension of Time. (jra)

NOTICE of Appearance by Kristina Jasmine cos on behalf of mCom IP, LLC (cos, Kristina) (Entered: 07/18/2023)

STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 7/24/2023. (bnp) (Entered: 07/24/2023)

Submission of 44 Order to District Judge Leigh Martin May. (bnp)

RESPONSE re 47 MOTION to Dismiss For Improper Venue and Failure to State a Claim. PLT. Response to DEF. Motion to Dismiss filed by mCom IP, LLC. (Ducos, Kristina) Modified on 8/11/2023 to add link to Dkt. No. 47 (bnp). (Entered: 07/31/2023)

REPLY to Response to Motion re 47 RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Backbase USA, Inc.'s Renewed Partial Motion to Dismiss for Failure to State a Claim filed by BackBase U.S.A. Inc.. (Crain, Norman) (Entered: 08/11/2023)

Submission of 47 RENEWED PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Leigh Martin May. (bnp)

Certificate of Interested Persons by mCom IP, LLC. (Ducos, Kristina) (Entered: 08/29/2023)

Joint MOTION to Dismiss With Prejudice by mCom IP, LLC. (Ducos, Kristina) (Entered: 11/20/2023)

AO Form 120 forwarded to Commissioner. (tht) (Entered: 11/27/2023)

Civil Case Terminated. (tht)

Track Case Updates

BackBase U.S.A. Inc.

mCom IP, LLC