Microsoft Corporation v. Datatern, Inc.

13-1184

Overview

Case Number 13-1184

Filing Date 2013-01-29

Status Terminated

Termination Date 2014-05-05

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Plaintiff - Appellee

SAP AMERICA, INC.

Represented By

0 Attorneys Listed

No attorneys available

SAP AG

Represented By

0 Attorneys Listed

No attorneys available

MICROSOFT CORPORATION

Represented By

6 Attorneys Listed

Danielle Lauren Rose

Kobre & Kim LLP

6th Floor, 800 Third Avenue

Andrew Louis Perito, Attorney

Morrison & Foerster LLP

425 Market Street, San Francisco, CA 94105

Dale M. Heist

Baker & Hostetler LLP

Cira Centre, 2929 Arch Street

Daniel J. Goettle, Esq.

Baker & Hostetler LLP

1735 Market Street, Suite 3300

Evan N. Budaj

Singer LLP

Suite 1100, 505 Montgomery Street

Edward R. Reines, -

Direct: 650-739-3939

Jones Day, 1755 Embarcadero Road

Defendant - Appellant

DATATERN, INC.

Represented By

3 Attorneys Listed

William A. Zucker, Attorney

McCarter & English, LLP

Suite 1200, 265 Franklin Street

Erik Paul Belt, Esq., Attorney

McCarter & English, LLP

265 Franklin Street, Boston, MA 02110

Lee Carl Bromberg, Esq.

McCarter & English, LLP

265 Franklin Street, Boston, MA 02110

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 01/25/2013. [46115]Entry of Appearance due 02/12/2013. Certificate of Interest is due on 02/12/2013. Docketing Statement due 02/12/2013. Appellant/Petitioner's brief is due 04/01/2013. [CT] [Entered: 01/29/2013 10:35 AM]

2013-01-29

View

Entry of appearance for Lee Carl Bromberg as principal counsel for Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49970] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:12 PM]

2013-02-11

View

Certificate of Interest for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49971] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:13 PM]

2013-02-11

View

Docketing Statement for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49972] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:13 PM]

2013-02-11

View

Microsoft Corporation v. Datatern, Inc.

Overview

Parties

Plaintiff - Appellee

SAP AMERICA, INC. Follow

Represented By

SAP AG Follow

Represented By

MICROSOFT CORPORATION Follow

Represented By

Defendant - Appellant

DATATERN, INC. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 01/25/2013. [46115]Entry of Appearance due 02/12/2013. Certificate of Interest is due on 02/12/2013. Docketing Statement due 02/12/2013. Appellant/Petitioner's brief is due 04/01/2013. [CT] [Entered: 01/29/2013 10:35 AM]

Entry of appearance for Lee Carl Bromberg as principal counsel for Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49970] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:12 PM]

Certificate of Interest for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49971] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:13 PM]

Docketing Statement for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49972] This document has been rejected. See Doc No. [8] [Lee Bromberg] [Entered: 02/11/2013 06:13 PM]

Entry of appearance for Erik Paul Belt as of counsel for Appellant Datatern, Inc.. Service: 02/11/2013 by email. [49978] This document has been rejected. See Doc No. [8] [Erik Belt] [Entered: 02/11/2013 06:30 PM]

CORRECTED certificate of service for Appellant Datatern, Inc. for attorney entry of appearance, Doc No. [5]. Service: 02/11/2013 by email. [49984] [Erik Belt] [Entered: 02/11/2013 06:50 PM]

CORRECTED certificate of service for Appellant Datatern, Inc. for docketing statement, Doc No. [4], certificate of interest, Doc No. [3], attorney entry of appearance, Doc No. [2]. Service: 02/11/2013 by email. [49986] [Lee Bromberg] [Entered: 02/11/2013 06:54 PM]

Entry of appearance for Edward R. Reines as principal counsel for Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50433] [Edward Reines] [Entered: 02/12/2013 04:26 PM]

Entry of appearance for Andrew L. Perito as of counsel for Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50440] [Andrew Perito] [Entered: 02/12/2013 04:33 PM]

Docketing Statement for the Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50443] [Edward Reines] [Entered: 02/12/2013 04:37 PM]

Certificate of Interest for the Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50444] [Edward Reines] [Entered: 02/12/2013 04:39 PM]

Corrected Entry of appearance for Lee Carl Bromberg as principal counsel for Appellant Datatern, Inc.. Service: 02/11/2013 by email. [50446] [Lee Bromberg] [Entered: 02/12/2013 04:40 PM]

Corrected Entry of appearance for Erik Paul Belt as of counsel for Appellant Datatern, Inc.. Service: 02/11/2013 by email. [50448] [Lee Bromberg] [Entered: 02/12/2013 04:41 PM]

Corrected Certificate of Interest for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [50449] [Lee Bromberg] [Entered: 02/12/2013 04:42 PM]

Corrected Docketing Statement for the Appellant Datatern, Inc.. Service: 02/11/2013 by email. [50451] [Lee Bromberg] [Entered: 02/12/2013 04:43 PM]

Entry of appearance for Dale M. Heist as of counsel for Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50460] [Dale Heist] [Entered: 02/12/2013 04:53 PM]

Entry of appearance for Daniel J. Goettle as of counsel for Appellee Microsoft Corporation. Service: 02/12/2013 by email. [50461] [Daniel Goettle] [Entered: 02/12/2013 04:59 PM]

MOTION of Appellee Microsoft Corporation to modify the official caption. Response/Opposition is due 02/28/2013 [Consent: unopposed]. Service: 02/14/2013 by email. [51172] [Edward Reines] [Entered: 02/14/2013 05:54 PM]

ORDER granting motion to modify the official caption [19] filed by Appellee Microsoft Corporation. The revised official caption is reflected in the order. Service: 02/19/2013 by clerk. [51721] [LMS] [Entered: 02/19/2013 02:21 PM]

Official caption revised pursuant to this court's order dated February 19, 2013. Service: 02/19/2013 by clerk. [51723] [LMS] [Entered: 02/19/2013 02:23 PM]

Entry of appearance for Evan N. Budaj as of counsel for Appellee Microsoft Corporation. Service: 02/28/2013 by email. [54856] [Evan Budaj] [Entered: 02/28/2013 05:24 PM]

Amended Certificate of Interest for the Appellee Microsoft Corporation. Service: 02/28/2013 by email. [54857] [Edward Reines] [Entered: 02/28/2013 05:30 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellee Microsoft Corporation. Service: 03/15/2013 by email. [59225] [Andrew Perito] [Entered: 03/15/2013 04:59 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant DataTern, Inc.. Service: 03/15/2013 by email. [59238] [Lee Bromberg] [Entered: 03/15/2013 05:45 PM]

BRIEF TENDERED from Appellant DataTern, Inc.. Title: BRIEF OF DEFENDANT-APPELLANT. Service: 04/01/2013 by email. [63439] [Erik Belt] [Entered: 04/01/2013 09:04 PM]

6 paper copies of the 1st brief Brief [27] received from Appellant DataTern, Inc.. [64652] [VDW] [Entered: 04/04/2013 01:28 PM]

MOTION of Appellee Microsoft Corporation to extend the time to 06/06/2013 to file the appellee/respondent/cross-appellant's principal brief. Response/Opposition is due 05/20/2013 [Consent: partial consent]. Service: 05/07/2013 by email. [75385] [Edward Reines] [Entered: 05/07/2013 10:32 PM]

ORDER granting motion to extend time to file appellee'sprincipal brief [29] filed by Microsoft Corporation.Brief due 06/06/2013. Service: 05/08/2013 by clerk. [75426] [CT] [Entered: 05/08/2013 09:28 AM]

BRIEF TENDERED from Appellee Microsoft Corporation. Title: Brief of Appellee Microsoft Corporation. Service: 06/06/2013 by email. [84811] [Edward Reines] [Entered: 06/06/2013 11:49 PM]

6 paper copies of the 2nd brief Brief [32] received from Appellee Microsoft Corporation. [85517] [VDW] [Entered: 06/11/2013 02:06 PM]

MOTION of Appellant DataTern, Inc. to extend the time to 07/03/2013 at 12:00 am to file the reply brief. Response/Opposition is due 07/05/2013 [Consent: unopposed]. Service: 06/19/2013 by email. [87154] [Lee Bromberg] [Entered: 06/19/2013 08:17 PM]

ORDER mooting motion to extend time to file reply brief [34] filed by Appellant DataTern, Inc.. Service: 06/20/2013 by clerk. [87175] [CT] [Entered: 06/20/2013 08:35 AM]

ORDER granting motion to correct document [35] filed by Appellant DataTern, Inc.; granting motion to extend time to file reply brief [35] filed by Appellant DataTern, Inc. reply brief is due 07/02/2013.. Service: 06/20/2013 by clerk. [87218] [CT] [Entered: 06/20/2013 10:21 AM]

BRIEF TENDERED from Appellant DataTern, Inc.. Title: Reply Brief of Defendant-Appellant. Service: 07/02/2013 by email. [89383] [Lee Bromberg] [Entered: 07/02/2013 04:20 PM]

APPENDIX TENDERED from Appellant DataTern, Inc. and Appellee Microsoft Corporation. Title: Non-Confidential Joint Appendix. Service: 07/09/2013 by email. [90603] [Lee Bromberg] [Entered: 07/09/2013 05:18 PM]

CONFIDENTIAL APPENDIX TENDERED from Appellant DataTern, Inc. and Appellee Microsoft Corporation. Title: Confidential Joint Appendix. Service: 07/09/2013 by email. [90604] [Lee Bromberg] [Entered: 07/09/2013 05:20 PM]

Statement of Compliance with Fed. Cir. R. 33 for Appellant DataTern, Inc.. Service: 07/09/2013 by email. [90623] [Lee Bromberg] [Entered: 07/09/2013 06:56 PM]

6 paper copies of the appendix Brief [43] received from Appellant DataTern, Inc.. [91200] [VDW] [Entered: 07/12/2013 10:50 AM]

Response to oral argument order from the Appellant DataTern, Inc. designating Erik Paul Belt as arguing attorney. Service: 10/04/2013 by email Designated time for argument: undecided minutes. Designated time for rebuttal: undecided minutes. [108098] [Erik Belt] [Entered: 10/04/2013 09:52 AM]

Response to oral argument order from the Appellee Microsoft Corporation designating Edward R. Reines as arguing attorney. Service: 10/04/2013 by email Designated time for argument: 15 minutes. Designated time for rebuttal: 0 minutes. [108294] [Edward Reines] [Entered: 10/04/2013 06:02 PM]

Submitted after ORAL ARGUMENT by Mr. Erik Paul Belt, Esq. for DataTern, Inc. and Edward R. Reines for Microsoft Corporation. Panel: Judge: Rader, Judge: Prost, Judge: Moore. [114551] [KSH] [Entered: 11/04/2013 10:21 AM]

Petition for panel rehearing filed by Appellant DataTern, Inc.. Service: 05/02/2014 by email. [152189] [Lee Bromberg] [Entered: 05/02/2014 05:11 PM]

Sealed or confidential document received [Confidential Peititon for Panel Rehearing ] (corresponding to Doc No. [50]) for Appellant DataTern, Inc.. Service: 05/02/2014 by email. [152191] [Lee Bromberg] [Entered: 05/02/2014 05:13 PM]

OPINION and JUDGMENT filed. The judgment or decision is: Affirmed-in-Part, Reversed-in-Part, Remanded. (Precedential Opinion). (For the Court: Prost,Circuit Judge and Moore,Circuit Judge). [152464] [SJ] [Entered: 05/05/2014 03:56 PM]

3 paper copies of the confidential document (petition for panel rehearing) [51] received from Appellant DataTern, Inc. [152591] [SJ] [Entered: 05/06/2014 09:34 AM]

Letter from Appellant DataTern, Inc. Request for reason for recusal. Service: 05/21/2014 by email. [156173] [William Zucker] [Entered: 05/21/2014 03:23 PM]

Entry of appearance for William A. Zucker as of counsel for Appellant DataTern, Inc.. Service: 05/21/2014 by email. [156197] [William Zucker] [Entered: 05/21/2014 04:13 PM]

CORRECTED certificate of service for Appellant DataTern, Inc. for attorney entry of appearance, Doc No. [56]. Service: 05/21/2014 by email. [156216] [William Zucker] [Entered: 05/21/2014 05:06 PM]

Petition for en banc rehearing, for panel rehearing filed by Appellant DataTern, Inc.. Service: 06/04/2014 by email. [159129] [Lee Bromberg] [Entered: 06/04/2014 05:59 PM]

Sealed or confidential document received [Petition for Rehearing En Banc and for Rehearing New PAnel ] (corresponding to Doc No. [58]),(corresponding to Doc No. [58]) for Appellant DataTern, Inc.. Service: 06/04/2014 by email. [159130] [Lee Bromberg] [Entered: 06/04/2014 06:02 PM]

Petition for en banc rehearing filed by Appellee Microsoft Corporation. Service: 06/04/2014 by email. [159140] [Edward Reines] [Entered: 06/04/2014 07:27 PM]

16 paper copies of the confidential document [59] received from Appellant DataTern, Inc.. [159451] [JXB] [Entered: 06/05/2014 05:59 PM]

The court invites a response from Appellee Microsoft Corporation to the petition for rehearing filed by Appellant in 13-1184 [159577] [AT] [Entered: 06/06/2014 10:56 AM]

16 paper copies of the petition for en banc rehearing [60] received from Appellee Microsoft Corporation. [159905] [JXB] [Entered: 06/09/2014 09:35 AM]

RESPONSE of Appellee Microsoft Corporation to the petition for en banc rehearing [58] filed by Appellant DataTern, Inc. in 13-1184, petition for panel rehearing [58] filed by Appellant DataTern, Inc. in 13-1184. Service: 06/20/2014 by email. [162926] [Edward Reines] [Entered: 06/20/2014 06:04 PM]

16 paper copies of the response [64] received from Appellee Microsoft Corporation. [163264] [JXB] [Entered: 06/24/2014 02:31 PM]

ORDER filed denying [58] petition for panel rehearing filed by DataTern, Inc.; denying [58] petition for en banc rehearing filed by DataTern, Inc. By: En Banc (Per Curiam). Service as of this date by Clerk of Court. [170430] [JXB] [Entered: 07/25/2014 11:52 AM]

ORDER filed denying [60] petition for en banc rehearing filed by Microsoft Corporation. By: En Banc (Per Curiam). Service as of this date by Clerk of Court. [170436] [JXB] [Entered: 07/25/2014 11:55 AM]

Mandate issued to the United States District Court for the Southern District of New York. Service as of this date by Clerk of Court [172094] [JXB] [Entered: 08/01/2014 08:19 AM]

Track Case Updates

SAP AMERICA, INC.

SAP AG

MICROSOFT CORPORATION

DATATERN, INC.