Modern Telecom Systems, LLC v. TCL Communication Inc.
1:17-cv-00583
Overview
Case Number
1:17-cv-00583
Filing Date
2017-05-19
Status
Litigation filed
Court
District Court, D. Delaware
Nature of Suit
830 Patent
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, D. Delaware
Presiding Judge
Leonard Philip Stark
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against TCL Communication Inc., TCL Communication Technology Holdings Limited, TCL Corporation, TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2144451.) - filed by Modern Telecom Systems, LLC. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(jcs) (Entered: 05/19/2017)
2017-05-19
1
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) (Entered: 05/19/2017)
2017-05-19
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,504,886 B1. (jcs) (Entered: 05/19/2017)
2017-05-19
1
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Glocom, Inc. for Modern Telecom Systems, LLC filed by Modern Telecom Systems, LLC. (jcs) (Entered: 05/19/2017)
2017-05-19
1
Summons Issued with Magistrate Consent Notice attached as to TCL Communication Inc. on 5/19/2017; TCL Communication Technology Holdings Limited on 5/19/2017; TCL Corporation on 5/19/2017; TCT Mobile (US) Holdings, Inc. on 5/19/2017; TCT Mobile (US) Inc. on 5/19/2017; TCT Mobile, Inc. on 5/19/2017. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs)
2017-05-19
1
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Summons Issued
2017-05-19
1
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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
2017-05-24
1
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Case Assigned/Reassigned
2017-05-24
1
No Actions
ORAL REFERRAL ORDER: This case will be governed by Judge Stark's Revised Procedures for Managing Patent Cases (see www.ded.uscourts.gov). In accordance with the Revised Procedures, IT IS HEREBY ORDERED that: 1. any and all matters relating to scheduling, including entry of a Scheduling Order, are referred to Magistrate Judge Burke; 2. any and all motions to dismiss, stay, and/or transfer venue, relating to all or any part of the case, whenever such motions may be filed, are referred to Judge Burke for disposition or report and recommendation, to the full extent permitted by the Constitution, statute, and rule; and 3. within seven (7) days of the date of this Referral Order, the plaintiff(s) shall file the Procedures Order, which is found on Judge Stark's website (see www.ded.uscourts.gov). ORDERED by Judge Leonard P. Stark on 5/26/17. (ntl) (Entered: 05/26/2017)
2017-05-26
1
Order Referring Case to Magistrate Judge
2017-05-26
1
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PROPOSED ORDER Proposed Procedures Order re 5 Order Referring Case to Magistrate Judge,,, by Modern Telecom Systems, LLC. (Attachments: # 1 Cover Letter)(Wright, Davis) (Entered: 06/01/2017)
2017-06-01
1
SO ORDERED D.I. 6 Proposed procedure Order filed by Modern Telecom Systems, LLC. Ordered by Judge Christopher J. Burke on 6/2/2017. (dlb)
2017-06-02
1
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SO ORDERED
2017-06-02
1
No Actions
Summons Reissued with Magistrate Consent Notice attached as to TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (jcs)
2017-06-20
1
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Summons Reissued - Alias Summons
2017-06-20
1
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Alias SUMMONS Returned Executed by Modern Telecom Systems, LLC. TCL Communication Inc. served on 6/21/2017, answer due 7/12/2017. (Wright, Davis) (Entered: 06/21/2017)
2017-06-21
1
Alias SUMMONS Returned Executed by Modern Telecom Systems, LLC. TCT Mobile, Inc. served on 6/21/2017, answer due 7/12/2017. (Wright, Davis) (Entered: 06/21/2017)
2017-06-21
1
Alias SUMMONS Returned Executed by Modern Telecom Systems, LLC. TCT Mobile (US) Inc. served on 6/21/2017, answer due 7/12/2017. (Wright, Davis) (Entered: 06/21/2017)
2017-06-21
1
Alias SUMMONS Returned Executed by Modern Telecom Systems, LLC. TCT Mobile (US) Holdings, Inc. served on 6/21/2017, answer due 7/12/2017. (Wright, Davis) (Entered: 06/21/2017)
2017-06-21
1
STIPULATION TO EXTEND TIME to ANSWER Complaint to 06/19/2017 - filed by Modern Telecom Systems, LLC. (Wright, Davis) (Entered: 07/10/2017)
2017-07-10
1
SO ORDERED D.I. 11 STIPULATION TO EXTEND TIME to ANSWER Complaint to 06/19/2017 filed by Modern Telecom Systems, LLC. Ordered by Judge Christopher J. Burke on 7/11/2017. (dlb)
2017-07-11
1
No Actions
~Util - Set/Reset Answer Deadline AND SO ORDERED
2017-07-11
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Art Hasan and David A. Dillard - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Moyer, Jeffrey) (Entered: 07/19/2017)
2017-07-19
1
MOTION to Dismiss for Failure to State a Claim - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Attachments: # 1 Text of Proposed Order)(Moyer, Jeffrey) (Entered: 07/19/2017)
2017-07-19
1
OPENING BRIEF in Support re 13 MOTION to Dismiss for Failure to State a Claim filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc..Answering Brief/Response due date per Local Rules is 8/2/2017. (Moyer, Jeffrey) (Entered: 07/19/2017)
2017-07-19
1
DECLARATION re 13 MOTION to Dismiss for Failure to State a Claim [Declaration of Art Hasan] by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Attachments: # 1 Exhibit A-C)(Moyer, Jeffrey) (Entered: 07/19/2017)
2017-07-19
1
MOTION REFERRED: 13 MOTION to Dismiss for Failure to State a Claim Motion referred to Christopher J. Burke.(dlb)
2017-07-19
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Daniel S. Carlineo - filed by Modern Telecom Systems, LLC. (Wright, Davis) (Entered: 08/02/2017)
2017-08-02
1
MOTION for Pro Hac Vice Appearance of Attorney Benjamin Fuller - filed by Modern Telecom Systems, LLC. (Wright, Davis) (Entered: 08/02/2017)
2017-08-02
1
MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Gunn - filed by Modern Telecom Systems, LLC. (Wright, Davis) (Entered: 08/02/2017)
2017-08-02
1
MOTION for Pro Hac Vice Appearance of Attorney Nelson M. Kee - filed by Modern Telecom Systems, LLC. (Wright, Davis) (Entered: 08/02/2017)
2017-08-02
1
ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss for Failure to State a Claim filed by Modern Telecom Systems, LLC.Reply Brief due date per Local Rules is 8/9/2017. (Wright, Davis) (Entered: 08/02/2017)
2017-08-02
1
SO ORDERED
2017-08-07
1
No Actions
SO ORDERED, D.I. 12 MOTION for Pro Hac Vice Appearance of Attorney Art Hasan and David A. Dillard filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc.. Signed by Judge Christopher J. Burke on 8/7/2017. (dlb)
2017-08-07
1
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SO ORDERED, re (19 in 1:17-cv-00583-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Nelson M. Kee filed by Modern Telecom Systems, LLC, (17 in 1:17-cv-00583-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Benjamin Fuller filed by Modern Telecom Systems, LLC, (18 in 1:17-cv-00583-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Gunn filed by Modern Telecom Systems, LLC, (16 in 1:17-cv-00583-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Daniel S. Carlineo filed by Modern Telecom Systems, LLC, (22 in 1:17-cv-00208-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Jeremy A. Gunn filed by Modern Telecom Systems, LLC, (23 in 1:17-cv-00208-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Nelson M. Kee filed by Modern Telecom Systems, LLC, (20 in 1:17-cv-00208-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Daniel S. Carlineo filed by Modern Telecom Systems, LLC, (21 in 1:17-cv-00208-LPS-CJB) MOTION for Pro Hac Vice Appearance of Attorney Benjamin Fuller filed by Modern Telecom Systems, LLC. Signed by Judge Christopher J. Burke on 8/7/2017. Associated Cases: 1:17-cv-00208-LPS-CJB, 1:17-cv-00583-LPS-CJB(dlb)
2017-08-07
1
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REPLY BRIEF re 13 MOTION to Dismiss for Failure to State a Claim filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Moyer, Jeffrey) (Entered: 08/09/2017)
2017-08-09
1
Pro Hac Vice Attorney Art Hasan for TCL Communication Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-08-09
1
No Actions
Pro Hac Vice Attorney David A. Dillard for TCL Communication Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-08-09
1
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Add Attorneys - PHV only
2017-08-09
1
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Add Attorneys - PHV only
2017-08-09
1
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Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent TCT Mobile (US) Holdings, Inc. for TCL Communication Inc., TCT Mobile (US) Inc.; Corporate Parent Winning Synergy Limited for TCT Mobile (US) Holdings, Inc.; Corporate Parent TCL Communication Technology Holdings Ltd for TCT Mobile, Inc. filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 08/14/2017)
2017-08-14
1
Pro Hac Vice Attorney Daniel S. Carlineo for Modern Telecom Systems, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg)
2017-09-05
1
No Actions
Add Attorneys - PHV only
2017-09-05
1
No Actions
Pro Hac Vice Attorney Nelson M. Kee for Modern Telecom Systems, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lmm)
2017-09-06
1
No Actions
Add Attorneys - PHV only
2017-09-06
1
No Actions
ORAL ORDER : IT IS HEREBY ORDERED that the parties shall meet and confer and discuss, in person and/or by telephone, each of the matters listed on Chief Judge Stark's Case Management Checklist ("Checklist"). Within thirty (30) days from the date of this Order, the parties shall jointly file the following: (i) a copy of the "Checklist" indicating the names of Lead Counsel and Delaware Counsel for each party; (ii) a proposed Scheduling Order (consistent with the Chief Judge Stark's Revised Patent Form Scheduling Order); and (iii) a letter, not to exceed three pages, that contains the following: (a) a description of what this case is about; (b) the parties' positions regarding the disputes in the proposed Scheduling Order, and (c) a list of the three most significant topics (other than Scheduling Order disputes) discussed during the parties' review of the Checklist items, along with a brief description as to what was discussed as to those topics. Thereafter, the Court will schedule an in-person Case Management Conference/Rule 16 Scheduling Conference to be held with Judge Stark and/or Judge Burke. The Checklist and Revised Patent Form Scheduling Order can be found on this Court's website (www.ded.uscourts.gov/judge/chief-judge-leonard-p-stark). Signed by Judge Christopher J. Burke on 9/18/2017. (dlb)
2017-09-18
1
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Motions Referred
2017-09-18
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Oral Order
2017-09-18
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STIPULATION TO EXTEND TIME to Submit a Joint Scheduling Order to 30 days after a Ruling on the Pending Motion to Dismiss - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 10/13/2017)
2017-10-13
1
SO ORDERED D.I. 23 STIPULATION TO EXTEND TIME to Submit a Joint Scheduling Order to 30 days after a Ruling on the Pending Motion to Dismiss filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc. Ordered by Judge Christopher J. Burke on 10/16/2017. (dlb)
2017-10-16
1
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SO ORDERED
2017-10-16
1
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REPORT AND RECOMMENDATIONS granting without prejudice D.I. 13 MOTION to Dismiss for Failure to State a Claim filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc.. Please note t hat when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 1/4/2018. Signed by Judge Christopher J. Burke on 12/21/2017. (dlb)
2017-12-21
1
NOTICE OF SUBSTITUTION OF COUNSEL re Modern Telecom Systems, LLC: Entry of appearance of attorney Sean M. Brennecke. Attorney Davis Lee Wright of Montgomery McCracken Walker & Rhodes, LLP terminated. (Brennecke, Sean) (Entered: 01/03/2018)
2018-01-03
1
Letter to The Honorable Leonard P. Stark from Sean M. Brennecke regarding Plaintiff Modern Telecom Systems, LLC's Objection to Magistrate Judge Burke's Report and Recommendation. (Brennecke, Sean) (Entered: 01/04/2018)
2018-01-04
1
ORDER 24 REPORT AND RECOMMENDATION is ADOPTED and 13 MOTION to Dismiss is GRANTED without prejudice. Plaintiff is granted leave to file an amended complaint. Signed by Judge Leonard P. Stark on 1/9/18. (ntl) (Entered: 01/09/2018)
2018-01-09
1
NOTICE of Partial Dismissal Without Prejudice by Modern Telecom Systems, LLC (Brennecke, Sean) (Entered: 01/23/2018)
2018-01-23
1
AMENDED COMPLAINT First Amended Complaint for Patent Infringement against Modern Telecom Systems, LLC- filed by Modern Telecom Systems, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brennecke, Sean) (Entered: 01/23/2018)
2018-01-23
1
STIPULATION and Proposed Order to Extend Deadlines by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 02/05/2018)
2018-02-05
1
SO ORDERED D.I. 30 Stipulation to extend: (1) the deadline for the parties to submit a joint scheduling order, checklist and letter pursuant to the Courts Oral Order of September 18, 2017, previously extended by Order (see D.I. 23), be extended to March 12, 2018; and (2) the deadline for Defendants to move, answer or otherwise respond to the First Amended Complaint (D.I. 29) be extended to March 15, 2018. Ordered by Judge Christopher J. Burke on 2/6/2018. (dlb)
2018-02-06
1
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SO ORDERED AND ~Util - Set/Reset Answer Deadline
2018-02-06
1
No Actions
STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINES by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 03/09/2018)
2018-03-09
1
SO ORDERED D.I. 31 Stipulation to extend (1) the deadline for the parties to submit a joint scheduling order, checklist and letter pursuant to the Courts Oral Order of September 18, 2017, previously extended by Order (see D.I. 23, 30), be extended to March 26, 2018; and (2) the deadline for Defendants to move, answer or otherwise respond to the First Amended Complaint (D.I. 29) be extended to March 29, 2018. Ordered by Judge Christopher J. Burke on 3/9/2018. (dlb)
2018-03-09
1
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SO ORDERED
2018-03-09
1
No Actions
STIPULATION TO EXTEND TIME (1) for the parties to submit a joint scheduling order, checklist and letter pursuant to the Court's Oral order of September 18, 2017, previously extended by Order and (2) for Defendants to move, answer or otherwise respond to the First Amended Complaint to respectively, April 16, 2018 and April 19, 2018 - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 03/20/2018)
2018-03-20
1
SO ORDERED D.I. 32 STIPULATION TO EXTEND TIME (1) for the parties to submit a joint scheduling order, checklist and letter pursuant to the Court's Oral order of September 18, 2017, previously extended by Order and (2) for Defendants to move, answer or otherwise respond to the First Amended Complaint to respectively, April 16, 2018 and April 19, 2018 filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc. Ordered by Judge Christopher J. Burke on 3/22/2018. (dlb)
2018-03-22
1
No Actions
SO ORDERED
2018-03-22
1
No Actions
STIPULATION TO EXTEND TIME (1) for parties to submit joint scheduling order, checklist and letter pursuant to Court Order and (2) for Defendants to respond to First Amended Complaint to May 7, 2018 and May 10, 2018 - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 04/13/2018)
2018-04-13
1
SO ORDERED
2018-04-16
1
No Actions
SO ORDERED, D.I. 33 STIPULATION TO EXTEND TIME (1) for parties to submit joint scheduling order, checklist and letter pursuant to Court Order and (2) for Defendants to respond to First Amended Complaint to May 7, 2018 and May 10, 2018 filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc. Ordered by Judge Christopher J. Burke on 4/16/2018. (dlb)
2018-04-16
1
No Actions
STIPULATION and [Proposed] Order to Extend Deadlines by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 05/07/2018)
2018-05-07
1
SO ORDERED D.I. 34 Stipulation to Extend Deadlines filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc. Ordered by Judge Christopher J. Burke on 5/7/2018. (dlb)
2018-05-07
1
No Actions
STIPULATION TO EXTEND TIME (1) for parties to submit a joint scheduling order, checklist and letter pursuant to the Court's Oral Order of September 18, 2017 and (2) the deadline for Defendants to move, answer or otherwise respond to the First Amended Complant to respectively, June 12, 2018 and June 15, 2018 - filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 05/25/2018)
2018-05-25
1
SO ORDERED D.I. 35 STIPULATION TO EXTEND TIME (1) for parties to submit a joint scheduling order, checklist and letter pursuant to the Court's Oral Order of September 18, 2017 and (2) the deadline for Defendants to move, answer or otherwise respond to the First Ame filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc.. Ordered by Judge Christopher J. Burke on 5/29/2018. (mlc)
2018-05-29
1
No Actions
STIPULATION and [Proposed] Order to Extend Deadlines by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 06/11/2018)
2018-06-11
1
SO ORDERED D.I. 36 Stipulation filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc. Ordered by Judge Christopher J. Burke on 6/11/2018. (mlc)
2018-06-11
1
No Actions
NOTICE of Appearance by Renee Marie Mosley on behalf of TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc. (Mosley, Renee) (Entered: 07/03/2018)
2018-07-03
1
STIPULATION and [Proposed] Order to Extend Deadlines by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile (US) Inc., TCT Mobile, Inc.. (Mowery, Katharine) (Entered: 07/09/2018)
2018-07-09
1
SO ORDERED D.I. 38 Stipulation filed by TCL Communication Inc., TCT Mobile (US) Holdings, Inc., TCT Mobile, Inc., TCT Mobile (US) Inc.. Ordered by Judge Christopher J. Burke on 7/9/2018. (mlc)
2018-07-09
1
No Actions
STIPULATION of Dismissal with Prejudice by Modern Telecom Systems, LLC. (Brennecke, Sean) (Entered: 07/18/2018)
2018-07-18
1
CASE CLOSED (ntl)
2018-07-18
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Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number US 6,504,886 B1. (etg) (Entered: 07/23/2018)
2018-07-23
1