Mullen Industries LLC v. Meta Platforms, Inc.

Application Number	Patent Number	External Links
-	US8585476	Espacenet Google Patents
-	US9662582	Espacenet Google Patents
-	US9744448	Espacenet Google Patents
-	US10179277	Espacenet Google Patents
-	US10828559	Espacenet Google Patents
-	US10967270	Espacenet Google Patents
-	US10974151	Espacenet Google Patents
-	US11033821	Espacenet Google Patents
-	US11376493	Espacenet Google Patents
-	US11904243	Espacenet Google Patents
-	US11947716	Espacenet Google Patents
-	US12019791	Espacenet Google Patents

COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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COMPLAINT for Patent Infringement ( Filing fee $ 405 receipt number ATXWDC-18609068), filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - Patent No. 8,585,476, # 2 Exhibit 2 - Patent No. 9,662,582, # 3 Exhibit 3 - Patent No. 9,744,448, # 4 Exhibit 4 - Patent No. 10,179,277, # 5 Exhibit 5 - Patent No. 10,828,559, # 6 Exhibit 6 - Patent No. 10,967,270, # 7 Exhibit 7 - Patent No. 10,974,151, # 8 Exhibit 8 - Patent No. 11,033,821, # 9 Exhibit 9 - Patent No. 11,376,493, # 10 Exhibit 10 - Patent No. 11,904,243, # 11 Exhibit 11 - Patent No. 11,947,716, # 12 Civil Cover Sheet)(Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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REQUEST FOR ISSUANCE OF SUMMONS by Mullen Industries LLC. (Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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RULE 7 DISCLOSURE STATEMENT filed by Mullen Industries LLC. (Davis, Stafford) (Entered: 04/04/2024)

2024-04-04

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NOTICE of Attorney Appearance by Catherine Bartles on behalf of Mullen Industries LLC. Attorney Catherine Bartles added to party Mullen Industries LLC(pty:pla) (Bartles, Catherine) (Entered: 04/04/2024)

2024-04-04

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Summons Issued as to Meta Platforms, Inc.. (kp) (Entered: 04/04/2024)

2024-04-04

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Jury Demand

2024-04-04

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To be Referred to AU Mag Judge

2024-04-04

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Case Assigned/Reassigned

2024-04-04

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DEMAND for Trial by Jury by Mullen Industries LLC. (kp)

2024-04-04

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Case assigned to Judge Docket II - Austin. 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. (kp)

2024-04-04

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If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Susan Hightower. (kp)

2024-04-04

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MOTION to Appear Pro Hac Vice by Stafford Grigsby Helm Davis on behalf of Peter F. Snell ( Filing fee $ 100 receipt number ATXWDC-18623958) by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Davis, Stafford) (Entered: 04/09/2024)

2024-04-09

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ORDER GRANTING 7 Motion to Appear Pro Hac Vice for Attorney Peter F. Snell for Mullen Industries LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (pg) (Entered: 04/09/2024)

2024-04-09

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Summons Returned Executed by Mullen Industries LLC on Meta Platforms, Inc. on April 5, 2024. Answer to be set (Davis, Stafford) Modified on 4/10/2024 to correct docket entry. (lt). (Entered: 04/09/2024)

2024-04-09

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Set/Reset Deadlines: Meta Platforms, Inc. answer due 4/26/2024. (lt)

2024-04-09

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Set/Reset Answer Deadline

2024-04-10

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Unopposed MOTION for Extension of Time to File Answer by Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Davis, Stafford) (Entered: 04/25/2024)

2024-04-25

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Order on Motion for Extension of Time to Answer

2024-04-26

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Text Order GRANTING 10 Unopposed Motion for Extension of Time to Answer entered by Judge Robert Pitman. IT IS ORDERED that Defendant Meta Platforms, Inc. shall answer or otherwise respond to Plaintiff's Complaint on or before June 26, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)

2024-04-26

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Reset Deadlines: Meta Platforms, Inc. answer due 6/26/2024. (klw)

2024-04-26

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Set/Reset Answer Deadline

2024-04-29

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MOTION to Appear Pro Hac Vice for Brad M. Scheller (Receipt #ATXWDC-18914572) by Peter F. Snell by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Snell, Peter) (Entered: 06/25/2024)

2024-06-25

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MOTION to Appear Pro Hac Vice by Peter F. Snell on behalf of Paul S. St. Marie, Jr. ( Filing fee $ 100 receipt number ATXWDC-18915862) by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Snell, Peter) (Entered: 06/25/2024)

2024-06-25

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NOTICE of Attorney Appearance by Heidi L. Keefe on behalf of Meta Platforms, Inc.. Attorney Heidi L. Keefe added to party Meta Platforms, Inc.(pty:dft) (Keefe, Heidi) (Entered: 06/26/2024)

2024-06-26

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Motion to Dismiss for Failure to State a Claim by Meta Platforms, Inc.. (Attachments: # 1 Affidavit Heidi L. Keefe, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Keefe, Heidi) (Entered: 06/26/2024)

2024-06-26

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RULE 7 DISCLOSURE STATEMENT filed by Meta Platforms, Inc.. (Keefe, Heidi) (Entered: 06/26/2024)

2024-06-26

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ORDER GRANTING 11 Motion to Appear Pro Hac Vice as to Brad Michael Scheller. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (dm) (Entered: 06/28/2024)

2024-06-28

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ORDER GRANTING 12 Motion to Appear Pro Hac Vice as to Paul S. St. Marie Jr.. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center. Signed by Judge Robert Pitman. (dm) (Entered: 06/28/2024)

2024-06-28

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NOTICE Of Amended Complaint by Mullen Industries LLC re 14 Motion to Dismiss for Failure to State a Claim (Snell, Peter) (Entered: 07/10/2024)

2024-07-10

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AMENDED COMPLAINT For Patent Infringement against Meta Platforms, Inc. amending 1 Complaint,,., filed by Mullen Industries LLC. (Attachments: # 1 Exhibit 1 - U.S. Patent No. 8,585,476, # 2 Exhibit 2 - U.S. Patent No. 9,662,582, # 3 Exhibit 3 - U.S. Patent No. 9,744,448, # 4 Exhibit 4 - U.S. Patent No. 10,179,277, # 5 Exhibit 5 - U.S. Patent No. 10,828,559, # 6 Exhibit 6 - U.S. Patent No. 10,967,270, # 7 Exhibit 7 - U.S. Patent No. 10,974,151, # 8 Exhibit 8 - U.S. Patent No. 11,033,821, # 9 Exhibit 9 - U.S. Patent No. 11,376,493, # 10 Exhibit 10 - U.S. Patent No. 11,904,243, # 11 Exhibit 11 - U.S. Patent No. 11,947,716, # 12 Exhibit 12 - U.S. Patent No. 12,019,791)(Snell, Peter) (Entered: 07/17/2024)

2024-07-17

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Snell, Peter) (Entered: 07/17/2024)

2024-07-17

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Order on Motion to Dismiss for Failure to State a Claim

2024-07-18

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Text Order MOOTING 14 Motion to Dismiss for Failure to State a Claim entered by Judge Robert Pitman. In light of the amended complaint, (Dkt. 19), the motion to dismiss, (Dkt. 14), is MOOT. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)

2024-07-18

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Joint MOTION For Entry of Agreed Protective Order by Mullen Industries LLC. (Attachments: # 1 Proposed Order Protective Order For Patent Cases)(Snell, Peter) (Entered: 07/26/2024)

2024-07-26

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PROTECTIVE ORDER for Patent Cases. Signed by Judge Robert Pitman. (cnr) (Entered: 07/29/2024)

2024-07-29

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Motion to Dismiss for Failure to State a Claim re First Amended Complaint by Meta Platforms, Inc.. (Attachments: # 1 Affidavit Heidi L. Keefe, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Keefe, Heidi) (Entered: 07/31/2024)

2024-07-31

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RESPONSE to Motion, filed by Mullen Industries LLC, re 23 Motion to Dismiss for Failure to State a Claim re First Amended Complaint filed by Defendant Meta Platforms, Inc. (Attachments: # 1 Affidavit of Peter F. Snell In Support Of Mullen Industries LLC's Response to Meta's Partial Motion to Dismiss The First Amended Complaint, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(Snell, Peter) (Entered: 08/09/2024)

2024-08-09

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REPLY to Response to Motion, filed by Meta Platforms, Inc., re 23 Motion to Dismiss for Failure to State a Claim re First Amended Complaint filed by Defendant Meta Platforms, Inc. (Keefe, Heidi) (Entered: 08/16/2024)

2024-08-16

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Order on Motion to Dismiss for Failure to State a Claim

2024-08-19

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Motions Referred

2024-08-19

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Text Order REFERRING 23 Motion to Dismiss for Failure to State a Claim entered by Judge Robert Pitman. IT IS ORDERED that the Motion to Dismiss, (Dkt. 23), is REFERRED to United States Magistrate Judge Susan Hightower for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72, and Rule 1(d) of Appendix C of the Local Rules of the United States District Court for the Western District of Texas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sslc)

2024-08-19

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MOTION REFERRED: referred 23 Motion to Dismiss for Failure to State a Claim re First Amended Complaint. Referral Judge: Susan Hightower. (dm)

2024-08-19

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NOTICE CONCERNING REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Meta Platforms, Inc. (Keefe, Heidi) (Entered: 08/26/2024)

2024-08-26

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NOTICE CONCERNING REFERENCE TO UNITED STATES MAGISTRATE JUDGE by Mullen Industries LLC (Snell, Peter) (Entered: 08/26/2024)

2024-08-26

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NOTICE CONCERNING REFERENCE TO UNITED STATES MAGISTRATE JUDGE (CORRECTED) by Mullen Industries LLC (Snell, Peter) (Entered: 08/26/2024)

2024-08-26

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Joint MOTION for Entry of Partially Disputed Scheduling Order by Mullen Industries LLC. (Attachments: # 1 Exhibit A - [Proposed] Disputed Scheduling Order, # 2 Affidavit of Peter F. Snell in Support of Joint Motion for Entry of Disputed Scheduling, # 3 Exhibit P1, # 4 Exhibit P2, # 5 Exhibit P3, # 6 Exhibit P4, # 7 Exhibit P5, # 8 Exhibit P6, # 9 Exhibit P7, # 10 Exhibit D-1)(Snell, Peter) (Entered: 08/26/2024)

2024-08-26

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ORDER SETTING INITIAL PRETRIAL CONFERENCE BY PHONE for 10/2/2024 at 11:00 AM before Judge Susan Hightower. Signed by Judge Susan Hightower. (cc3) (Entered: 09/09/2024)

2024-09-06

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NOTICE of Compliance Regarding Service of Preliminary Infringement Contentions by Mullen Industries LLC (Snell, Peter) (Entered: 09/11/2024)

2024-09-11

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NOTICE of Attorney Appearance by Paige Arnette Amstutz on behalf of Meta Platforms, Inc.. Attorney Paige Arnette Amstutz added to party Meta Platforms, Inc.(pty:dft) (Amstutz, Paige) (Entered: 10/02/2024)

2024-10-02

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Minute Entry for proceedings held before Judge Susan Hightower: Initial Pretrial Conference held by telephone on 10/2/2024. (Minute entry documents are not available electronically) (Court Reporter AT&T CONF. LINE.)(cc3) (Entered: 10/04/2024)

2024-10-02

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ORDER for Parties to submit an AMENDED PROPOSED SCHEDULING ORDER using Judge Pitman's form due by 10/11/2024. Signed by Judge Susan Hightower. (cc3) (Entered: 10/07/2024)

2024-10-06

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Joint MOTION for Entry of Scheduling Order Deadlines by Mullen Industries LLC. (Attachments: # 1 Exhibit A - [Proposed] Scheduling Order)(Snell, Peter) (Entered: 10/11/2024)

2024-10-11

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Transcript filed of Proceedings held on October 2, 2024, Proceedings Transcribed: Initial Pretrial Hearing. Court Reporter/Transcriber: Arlinda Rodriguez, Telephone number: 512-391-8791. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 11/4/2024, Redacted Transcript Deadline set for 11/14/2024, Release of Transcript Restriction set for 1/13/2025, (Rodriguez, Arlinda) (Entered: 10/14/2024)

2024-10-14

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TRANSCRIPT REQUEST by Meta Platforms, Inc. for proceedings held on October 2, 2024. Proceedings Transcribed: Initial Pretrial Hearing. Court Reporter: Arlinda Rodriguez. (Keefe, Heidi) (Entered: 10/14/2024)

2024-10-14

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MOTION to Appear Pro Hac Vice by Heidi L. Keefe on behalf Phillip E. Morton ( Filing fee $ 100 receipt number ATXWDC-19341406) by on behalf of Meta Platforms, Inc.. (Keefe, Heidi) (Entered: 10/15/2024)

2024-10-15

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MOTION to Appear Pro Hac Vice by Heidi L. Keefe on behalf of Dena Chen ( Filing fee $ 100 receipt number ATXWDC-19341635) by on behalf of Meta Platforms, Inc.. (Keefe, Heidi) (Entered: 10/15/2024)

2024-10-15

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ORDER GRANTING 38 Motion to Appear Pro Hac Vice as to PHILLIP E. MORTON. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (cc3) (Entered: 10/16/2024)

2024-10-16

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ORDER GRANTING 39 Motion to Appear Pro Hac Vice as to DENA CHEN. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge Robert Pitman. (cc3) (Entered: 10/16/2024)

2024-10-16

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SCHEDULING ORDER: Consent to Trial by Magistrate due by 8/26/2024, Jury Trial set for 10/5/2026 at 9:30 AM before Judge Robert Pitman, ADR Report Deadline due by 1/15/2026, Amended Pleadings due by 6/25/2025, Discovery due by 2/20/2026, Joinder of Parties due by 4/25/2025, and Dispositive Motions due by 3/19/2026. Signed by Judge Robert Pitman. (cc3) (Entered: 11/06/2024)

2024-11-06

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Joint MOTION For Entry of Discovery Order by Mullen Industries LLC. (Attachments: # 1 Proposed Order - Discovery)(Snell, Peter) (Entered: 11/07/2024)

2024-11-07

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ORDER REASSIGNING CASE. Case reassigned to Judge David A. Ezra for all proceedings. Judge Docket II - Austin no longer assigned to case. Signed by Judge Robert Pitman. (cc3) (Entered: 11/07/2024)

2024-11-07

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REPORT AND RECOMMENDATIONS re 23 Motion to Dismiss for Failure to State a Claim filed by Meta Platforms, Inc. Signed by Judge Susan Hightower. (cc3) (Entered: 11/15/2024)

2024-11-14

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Motion No Longer Referred: 23 Motion to Dismiss for Failure to State a Claim re First Amended Complaint (cc3)

2024-11-14

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Motions No Longer Referred

2024-11-15

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DISCOVERY ORDER. Signed by Judge David A. Ezra. (cc3) (Entered: 11/18/2024)

2024-11-18

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NOTICE Of Compliance Regarding Service of Infringement Contentions by Mullen Industries LLC (Snell, Peter) (Entered: 11/22/2024)

2024-11-22

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Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Proposed Order, # 3 Exhibit A - Motion to Transfer, # 4 Exhibit B - Ex. 1 to Chen Declaration, # 5 Exhibit C - Ex. 18 to Chen Declaration, # 6 Exhibit D - Ting Ting Wu Declaration, # 7 Exhibit A to Wu Declaration, # 8 Exhibit B to Wu Declaration, # 9 Exhibit C to Wu Declaration, # 10 Exhibit D to Wu Declaration, # 11 Exhibit E to Wu Declaration, # 12 Exhibit F to Wu Declaration, # 13 Exhibit G to Wu Declaration, # 14 Exhibit H to Wu Declaration, # 15 Exhibit E - Zachary Moratto Declaration, # 16 Exhibit A to Moratto Declaration, # 17 Exhibit B to Moratto Declaration, # 18 Exhibit C to Moratto Declaration, # 19 Exhibit D to Moratto Declaration, # 20 Exhibit E to Moratto Declaration, # 21 Exhibit F to Moratto Declaration) (Keefe, Heidi) (Entered: 11/22/2024)

2024-11-22

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ATTACHMENT Declaration of Dena Chen in Support of Motion to Transfer to 48 Unopposed Motion for leave to File Sealed Document by Meta Platforms, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Proposed Order)(Keefe, Heidi) (Entered: 11/22/2024)

2024-11-22

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Joint MOTION For Entry of Agreed Venue Discovery Order by Mullen Industries LLC. (Attachments: # 1 Proposed Order - Agreed Venue Discovery Order)(Snell, Peter) (Entered: 11/26/2024)

2024-11-26

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OBJECTION to 45 Report and Recommendations by Mullen Industries LLC.. (Snell, Peter) (Entered: 11/26/2024)

2024-11-26

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Redacted Copy DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE NORTHERN DISTRICT OF CALIFORNIA of 48 Unopposed Motion for leave to File Sealed Document by Meta Platforms, Inc.. (Keefe, Heidi) (Entered: 12/02/2024)

2024-12-02

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ORDER GRANTING 48 Motion for Leave to File Sealed Document. Signed by Judge David A. Ezra. (cc3) (Entered: 12/02/2024)

2024-12-02

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OPPOSED MOTION to Transfer Venue to the Northern District of California (Attachments: # 1 Exhibit Exhibit B - Ex. 1 to Chen Declaration, # 2 Exhibit Exhibit C - Ex. 18 to Chen Declaration, # 3 Exhibit Exhibit D - Ting Ting Wu Declaration, # 4 Exhibit Exhibit A to Wu Declaration, # 5 Exhibit Exhibit B to Wu Declaration, # 6 Exhibit Exhibit C to Wu Declaration, # 7 Exhibit Exhibit D to Wu Declaration, # 8 Exhibit Exhibit E to Wu Declaration, # 9 Exhibit Exhibit F to Wu Declaration, # 10 Exhibit Exhibit G to Wu Declaration, # 11 Exhibit Exhibit H to Wu Declaration, # 12 Exhibit Exhibit E - Zachary Moratto Declaration, # 13 Exhibit Exhibit A to Moratto Declaration, # 14 Exhibit Exhibit B to Moratto Declaration, # 15 Exhibit Exhibit C to Moratto Declaration, # 16 Exhibit Exhibit D to Moratto Declaration, # 17 Exhibit Exhibit E to Moratto Declaration, # 18 Exhibit Exhibit F to Moratto Declaration) (cc3) (Entered: 12/02/2024)

2024-12-02

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AGREED VENUE DISCOVERY ORDER. Signed by Judge David A. Ezra. (cc3) (Entered: 12/04/2024)

2024-12-04

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RESPONSE to 51 Objection to Report and Recommendations by Meta Platforms, Inc.. (Attachments: # 1 Proposed Order)(Keefe, Heidi) (Entered: 12/10/2024)

2024-12-10

1

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NOTICE OF COMPLIANCE REGARDING SERVICE OF INVALIDITY CONTENTIONS by Meta Platforms, Inc. (Keefe, Heidi) (Entered: 01/03/2025)

2025-01-03

1

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Order on Motion for Miscellaneous Relief

2025-01-06

1

No Actions

Text Order TERMINATING 50 Motion in light of Dkt. # 55, Agreed Discovery Order. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-01-06

1

No Actions

Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses by Mullen Industries LLC. (Attachments: # 1 Affidavit of Peter Snell In Support of Plaintiff Mullen Industries LLC's Motion to Compel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7 (FILED UNDER SEAL), # 9 Exhibit 8 (FILED UNDER SEAL), # 10 Exhibit 9 (FILED UNDER SEAL), # 11 Exhibit 10 (FILED UNDER SEAL), # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Proposed Order on Opposed Motion to Compel)(Snell, Peter) (Additional attachment(s) added on 3/4/2025: # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10) (cc3). (Entered: 01/10/2025)

2025-01-10

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Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Exhibit 7 - 11.04 Plaintiff Discovery Letter to Meta_FUS, # 2 Exhibit 8 - 2024.12.13 Plaintiff Discovery Deficiency Letter to Meta_FUS, # 3 Exhibit 9 - 2025-01-10 Declaration of Dr. J. Babb In Support of Plaintiff Mullen Industries LLC's Motion to Compel_FUS, # 4 Exhibit 10 - Morton Resp. Ltr to Snell re source code, # 5 Proposed Order on Unopposed Motion for Leave to File Documents Under Seal) (Snell, Peter) (Entered: 01/10/2025)

2025-01-10

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NOTICE OF COMPLIANCE REGARDING EXCHANGE OF PROPOSED CLAIM TERMS by Mullen Industries LLC (Snell, Peter) (Entered: 01/10/2025)

2025-01-10

1

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NOTICE OF COMPLIANCE RE EXCHANGE OF CLAIM TERMS by Meta Platforms, Inc. (Keefe, Heidi) (Entered: 01/10/2025)

2025-01-10

1

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Order on Motion to Compel

2025-01-14

1

No Actions

Text Order REFERRING 58 Motion to Compel to U.S. Magistrate Judge Susan Hightower. (Dkt. # 58.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-01-14

1

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Text Order REFERRING 59 Motion for Leave to File Sealed Document to U.S. Magistrate Judge Susan Hightower. (Dkt. # 59.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-01-14

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MOTIONS REFERRED: referred 59 Unopposed Motion for leave to File Sealed Document, and 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses. Referral Judge: Susan Hightower. (cc3)

2025-01-14

1

No Actions

Order on Motion for Leave to File Sealed Document

2025-01-14

1

No Actions

Motions Referred

2025-01-15

1

No Actions

Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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Response in Opposition to Motion, filed by Meta Platforms, Inc., re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Phillip E. Morton, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Keefe, Heidi) (Entered: 01/17/2025)

2025-01-17

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REPLY to Response to Motion, filed by Mullen Industries LLC, re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Plaintiff Mullen Industries LLC (Snell, Peter) (Entered: 01/24/2025)

2025-01-24

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ORDER ADOPTING 45 Report and Recommendations and GRANTING IN PART AND DENYING IN PART 23 Motion to Dismiss for Failure to State a Claim re First Amended Complaint. Signed by Judge David A. Ezra. (cc3) (Entered: 01/29/2025)

2025-01-29

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Opposed MOTION to Reassign Case to the Honorable Judge Alan D. Albright by Mullen Industries LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Proposed Order)(Davis, Stafford) (Entered: 02/06/2025)

2025-02-06

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Opposed MOTION for Confidentiality/Protective Order Precluding Defendant From Seeking Discovery Regarding Third Party Dynamics Inc. by Mullen Industries LLC. (Attachments: # 1 Exhibit 1, # 2 Proposed Order - Protective Order)(Snell, Peter) (Entered: 02/06/2025)

2025-02-06

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NOTICE of Attorney Appearance by Lowell D. Mead on behalf of Meta Platforms, Inc.. Attorney Lowell D. Mead added to party Meta Platforms, Inc.(pty:dft) (Mead, Lowell) (Entered: 02/06/2025)

2025-02-06

1

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Order on Motion for Protective Order

2025-02-10

1

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Motions Referred

2025-02-10

1

No Actions

Text Order REFERRING 66 Opposed Motion for Protective Order to U.S. Magistrate Judge Susan Hightower. (Dkt. # 66.) Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-02-10

1

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MOTION REFERRED: referred 66 Opposed MOTION for Confidentiality/Protective Order Precluding Defendant From Seeking Discovery Regarding Third Party Dynamics Inc.. Referral Judge: Susan Hightower. (cc3)

2025-02-10

1

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Memorandum in Opposition to Motion, filed by Meta Platforms, Inc., re 66 Opposed MOTION for Confidentiality/Protective Order Precluding Defendant From Seeking Discovery Regarding Third Party Dynamics Inc. filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Affidavit Dena Chen, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Keefe, Heidi) (Entered: 02/11/2025)

2025-02-11

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RESPONSE to Motion, filed by Meta Platforms, Inc., re 65 Opposed MOTION to Reassign Case to the Honorable Judge Alan D. Albright filed by Plaintiff Mullen Industries LLC (Keefe, Heidi) (Entered: 02/11/2025)

2025-02-11

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Proposed Order to 69 Response to Motion by Meta Platforms, Inc.. (Amstutz, Paige) (Entered: 02/11/2025)

2025-02-11

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Proposed Order to 68 Memorandum in Opposition to Motion, by Meta Platforms, Inc.. (Amstutz, Paige) (Entered: 02/11/2025)

2025-02-11

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REPLY to Response to Motion, filed by Mullen Industries LLC, re 65 Opposed MOTION to Reassign Case to the Honorable Judge Alan D. Albright filed by Plaintiff Mullen Industries LLC (Davis, Stafford) (Entered: 02/11/2025)

2025-02-11

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ORDER DENYING 65 Opposed MOTION to Reassign Case to the Honorable Judge Alan D. Albright. Signed by Judge David A. Ezra. (cc3) (Entered: 02/12/2025)

2025-02-12

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ANSWER to 19 Amended Complaint,, with Jury Demand by Meta Platforms, Inc..(Keefe, Heidi) (Entered: 02/12/2025)

2025-02-12

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REPLY to Response to Motion, filed by Mullen Industries LLC, re 66 Opposed MOTION for Confidentiality/Protective Order Precluding Defendant From Seeking Discovery Regarding Third Party Dynamics Inc. filed by Plaintiff Mullen Industries LLC (Attachments: # 1 Exhibit 1)(Snell, Peter) (Entered: 02/18/2025)

2025-02-18

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Opposed MOTION for Confidentiality/Protective Order Or In the Alternative, Motion to Quash Plaintiff's Improper Rule 30(b)(6) Topics Regarding "Venue" by Meta Platforms, Inc.. (Attachments: # 1 Affidavit Lowell Mead, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order)(Keefe, Heidi) (Entered: 02/25/2025)

2025-02-25

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Opening Claim Construction Brief by Meta Platforms, Inc.. (Attachments: # 1 Affidavit Lowell D. Mead, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Keefe, Heidi) (Entered: 02/26/2025)

2025-02-26

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MOTION REFERRED: referred 76 Opposed MOTION for Confidentiality/Protective Order Or In the Alternative, Motion to Quash Plaintiff's Improper Rule 30(b)(6) Topics Regarding "Venue". Referral Judge: Susan Hightower. (cc3)

2025-02-26

1

No Actions

Order on Motion for Protective Order

2025-02-26

1

No Actions

Motions Referred

2025-02-26

1

No Actions

Text Order REFERRING 76 Motion for Protective Order to U.S. Magistrate Judge Susan Hightower. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-02-26

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ORDER SETTING HEARING on Discovery Motions for 4/9/2025 at 2:00 PM before Judge Susan Hightower. Signed by Judge Susan Hightower. (cc3) (Entered: 03/03/2025)

2025-03-03

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Order on Motion for Leave to File Sealed Document

2025-03-03

1

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Motion No Longer Referred: 59 Unopposed Motion for leave to File Sealed Document (cc3)

2025-03-03

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No Actions

Text Order GRANTING 59 Mullen Industries LLC's Unopposed Motion for Leave to File Under Seal Certain Exhibits and a Supporting Declaration to Plaintiff's Motion to Compel 58 entered by Judge Susan Hightower. Finding good cause therefor, the Court ORDERS that Exhibits 7, 8, 9, and 10 to the Declaration of Peter F. Snell in Support of Plaintiff's Opposed Motion to Compel shall be filed under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (SH)

2025-03-03

1

No Actions

Motions No Longer Referred

2025-03-04

1

No Actions

NOTICE REGARDING PLAINTIFFS FAILURE TO TIMELY RESPOND TO DISCOVERY MOTION AT DKT. 76 by Meta Platforms, Inc. (Keefe, Heidi) (Entered: 03/06/2025)

2025-03-06

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Opposed MOTION for Leave to File Response to Def.'s Motion for Protection [Dkt. 76] and Motion for Extension of Time by Mullen Industries LLC. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Declaration, # 3 Exhibit 2 - Response)(Bartles, Catherine) (Entered: 03/06/2025)

2025-03-06

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Order on Motion for Leave to File

2025-03-07

1

No Actions

Text Order REFERRING 80 Motion for Leave to File to U.S. Magistrate Judge Susan Hightower. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-03-07

1

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Motions Referred

2025-03-10

1

No Actions

MOTION REFERRED: referred 80 Opposed MOTION for Leave to File Response to Def.'s Motion for Protection [Dkt. 76] and Motion for Extension of Time. Referral Judge: Susan Hightower. (cc3)

2025-03-10

1

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MOTION to Appear Pro Hac Vice by Peter F. Snell on behalf of Hannah M. Edge ( Filing fee $ 100 receipt number ATXWDC-19911124) by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Snell, Peter) (Entered: 03/13/2025)

2025-03-13

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RESPONSE to Motion, filed by Meta Platforms, Inc., re 80 Opposed MOTION for Leave to File Response to Def.'s Motion for Protection [Dkt. 76] and Motion for Extension of Time filed by Plaintiff Mullen Industries LLC (Keefe, Heidi) (Entered: 03/13/2025)

2025-03-13

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REPLY to Response to Motion, filed by Meta Platforms, Inc., re 76 Opposed MOTION for Confidentiality/Protective Order Or In the Alternative, Motion to Quash Plaintiff's Improper Rule 30(b)(6) Topics Regarding "Venue" filed by Defendant Meta Platforms, Inc. (Keefe, Heidi) (Entered: 03/13/2025)

2025-03-13

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MOTION to Appear Pro Hac Vice by Peter F. Snell on behalf of Robert C. Sweeney ( Filing fee $ 100 receipt number BTXWDC-19913837) by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Snell, Peter) (Entered: 03/14/2025)

2025-03-14

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ORDER GRANTING 81 Motion to Appear Pro Hac Vice as to HANNAH M. EDGE. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 03/14/2025)

2025-03-14

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ORDER GRANTING 84 Motion to Appear Pro Hac Vice as to ROBERT C. SWEENEY. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 03/17/2025)

2025-03-17

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Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order SEALED DOCUMENT, # 2 Brief SEALED DOCUMENT, # 3 Affidavit SEALED DOCUMENT, # 4 Exhibit 4 - SEALED DOCUMENT, # 5 Exhibit 5 - SEALED DOCUMENT, # 6 Exhibit 7 - SEALED DOCUMENT, # 7 Exhibit 72 - SEALED DOCUMENT, # 8 Exhibit 73 - SEALED DOCUMENT, # 9 Exhibit 74 - SEALED DOCUMENT, # 10 Exhibit 75 - SEALED DOCUMENT, # 11 Exhibit 76 - SEALED DOCUMENT, # 12 Exhibit 77 - SEALED DOCUMENT, # 13 Exhibit 78 - SEALED DOCUMENT, # 14 Exhibit 79 - SEALED DOCUMENT, # 15 Exhibit 80 - SEALED DOCUMENT, # 16 Exhibit 81 - SEALED DOCUMENT, # 17 Exhibit 82 - SEALED DOCUMENT, # 18 Exhibit 83 - SEALED DOCUMENT, # 19 Exhibit 84 - SEALED DOCUMENT, # 20 Exhibit 87 - SEALED DOCUMENT) (Snell, Peter) (Entered: 03/18/2025)

2025-03-18

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Memorandum in Opposition to Motion, filed by Mullen Industries LLC, re 48 Unopposed Motion for leave to File Sealed Document filed by Defendant Meta Platforms, Inc. (FILED UNDER SEAL) (Attachments: # 1 Affidavit Declaration of Peter F. Snell In Support Of Mullen Industries LLC's Brief In Opposition to Meta's Motion to Transfer Venue to the Northern District of California (FILED UNDER SEAL), # 2 Proposed Order Denying Defendant Meta Platforms, Inc.'s Opposed Motion to Transfer Venue, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 (FILED UNDER SEAL), # 7 Exhibit 5 (FILED UNDER SEAL), # 8 Exhibit 6, # 9 Exhibit 7 (FILED UNDER SEAL), # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57 Exhibit 55, # 58 Exhibit 56, # 59 Exhibit 57, # 60 Exhibit 58, # 61 Exhibit 59, # 62 Exhibit 60, # 63 Exhibit 61, # 64 Exhibit 62, # 65 Exhibit 63, # 66 Exhibit 64, # 67 Exhibit 65, # 68 Exhibit 66, # 69 Exhibit 67, # 70 Exhibit 68, # 71 Exhibit 69, # 72 Exhibit 70, # 73 Exhibit 71, # 74 Exhibit 72 (FILED UNDER SEAL), # 75 Exhibit 73 (FILED UNDER SEAL), # 76 Exhibit 74 (FILED UNDER SEAL), # 77 Exhibit 75 (FILED UNDER SEAL), # 78 Exhibit 76 (FILED UNDER SEAL), # 79 Exhibit 77 (FILED UNDER SEAL), # 80 Exhibit 78 (FILED UNDER SEAL), # 81 Exhibit 79 (FILED UNDER SEAL), # 82 Exhibit 80 (FILED UNDER SEAL), # 83 Exhibit 81 (FILED UNDER SEAL), # 84 Exhibit 82 (FILED UNDER SEAL), # 85 Exhibit 83 (FILED UNDER SEAL), # 86 Exhibit 84 (FILED UNDER SEAL), # 87 Exhibit 85, # 88 Exhibit 86, # 89 Exhibit 87 (FILED UNDER SEAL), # 90 Exhibit 88, # 91 Exhibit 89, # 92 Exhibit 90, # 93 Exhibit 91)(Snell, Peter) (Entered: 03/18/2025)

2025-03-18

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NOTICE of Filing Corrected Exhibits by Mullen Industries LLC (Attachments: # 1 Exhibit 45 (Corrected), # 2 Exhibit 52 (Corrected))(Snell, Peter) (Entered: 03/19/2025)

2025-03-19

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RESPONSE to 77 Claim Construction Brief, by Mullen Industries LLC. (Attachments: # 1 Affidavit / Declaration of Peter F. Snell In Support Of Plaintiff Mullen Industries LLC's Responsive Claim Construction Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Snell, Peter) (Entered: 03/19/2025)

2025-03-19

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Redacted Copy of 88 Memorandum in Opposition to Motion,,,,,,,,,, by Mullen Industries LLC. (Attachments: # 1 Affidavit / Declaration of Peter F. Snell In Support Of Mullen Industries LLC's Brief In Opposition to Meta's Motion to Transfer Venue to the Northern District of California [REDACTED])(Snell, Peter) (Entered: 03/24/2025)

2025-03-24

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Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Affidavit of Lowell Mead, # 2 Proposed Order, # 3 Exhibit A (SEALED DOCUMENT), # 4 Exhibit B (SEALED DOCUMENT), # 5 Exhibit C (SEALED DOCUMENT), # 6 Exhibit D (SEALED DOCUMENT), # 7 Exhibit E (SEALED DOCUMENT), # 8 Exhibit F (SEALED DOCUMENT)) (Keefe, Heidi) (Entered: 04/01/2025)

2025-04-01

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REPLY to Response to Motion, filed by Meta Platforms, Inc., re 54 Sealed Motion filed filed by Defendant Meta Platforms, Inc. (PUBLIC VERSION) (Attachments: # 1 Affidavit of Dena Chen, # 2 Exhibit 42, # 3 Exhibit 43, # 4 Exhibit 44, # 5 Exhibit 45, # 6 Exhibit 46, # 7 Exhibit 47, # 8 Exhibit 48, # 9 Exhibit I)(Keefe, Heidi) (Entered: 04/01/2025)

2025-04-01

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Reply Claim Construction Brief regarding 77 Claim Construction Brief, by Meta Platforms, Inc.. (Attachments: # 1 Affidavit of Lowell D. Mead, # 2 Exhibit N, # 3 Exhibit O)(Keefe, Heidi) (Entered: 04/02/2025)

2025-04-02

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ADVISORY TO THE COURT by Mullen Industries LLC JOINT ADVISORY. (Snell, Peter) (Entered: 04/02/2025)

2025-04-02

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SEALED Defendant's Reply in Support of Opposed 54 Motion to Transfer Venue to the Northern District of California. (Attachments: # 1 Exhibit 44, # 2 Exhibit 45, # 3 Exhibit 46, # 4 Exhibit 48, # 5 Exhibit I). (cnr) (Entered: 04/07/2025)

2025-04-03

1

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Order on Motion for Protective Order

2025-04-03

1

No Actions

Order on Motion for Leave to File Sealed Document

2025-04-03

1

No Actions

Text Order MOOTING 66 Plaintiff Mullen Industries LLC's Opposed Motion for a Protective Order Precluding Defendant from Seeking Discovery Regarding Third Party Dynamics Inc. entered by Judge Susan Hightower. In their Joint Advisory 95, the parties informed the Court that this motion is moot. (This is a text-only entry generated by the court. There is no document associated with this entry.) (SH)

2025-04-03

1

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Text Order GRANTING 92 Motion for Leave to File Sealed Document. The Clerk is directed to file an unredacted copy of Metas reply brief in support of its motion to transfer venue to the Northern District of California under seal. Exhibits 44, 45, 46, 48 of the Declaration of Dena Chen, and Exhibits I1-I24 are also to be filed under seal. Such materials shall remain UNDER SEAL until further Order of the Court. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-04-03

1

No Actions

Opposed MOTION to Stay Case Pending Inter Partes Review by Meta Platforms, Inc.. (Attachments: # 1 Affidavit of Lowell D. Mead, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Proposed Order)(Keefe, Heidi) (Entered: 04/07/2025)

2025-04-07

1

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Order on Motion to Stay Case

2025-04-08

1

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Motions Referred

2025-04-08

1

No Actions

Text Order REFERRING 97 Motion to Stay Case to U.S. Magistrate Judge Susan Hightower. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-04-08

1

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MOTION REFERRED: referred 97 Opposed MOTION to Stay Case Pending Inter Partes Review. Referral Judge: Susan Hightower. (cc3)

2025-04-08

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ORDER VACATING MARKMAN HEARING set for 4/30/25 and TRIAL SETTING FOR 10/5/26. Signed by Judge David A. Ezra. (cc3) (Entered: 04/09/2025)

2025-04-09

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Sur-Reply Claim Construction Brief regarding 77 Claim Construction Brief, by Mullen Industries LLC. (Snell, Peter) Modified on 4/10/2025 to match title of document (cc3). (Entered: 04/09/2025)

2025-04-09

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TRANSCRIPT REQUEST by Mullen Industries LLC for proceedings held on April 9, 2025. Proceedings Transcribed: Motion Hearing.. (Snell, Peter) (Entered: 04/09/2025)

2025-04-09

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TRANSCRIPT REQUEST by Meta Platforms, Inc. for proceedings held on 04/09/2025. Proceedings Transcribed: Discovery Motion.. (Keefe, Heidi) (Entered: 04/09/2025)

2025-04-09

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Minute Entry for proceedings held before Judge Susan Hightower: Motion Hearing held on 4/9/2025 re 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses filed by Mullen Industries LLC. Written order forthcoming. (Minute entry documents are not available electronically.). (Court Reporter FTR GOLD - ERO.)(cc3) (Entered: 04/10/2025)

2025-04-09

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ORDER DENYING 58 Motion to Compel; DISMISSING AS MOOT 76 Motion for Protective Order; and GRANTING 80 Opposed MOTION for Leave to File Response to Def.'s Motion for Protection [Dkt. 76] and Motion for Extension of Time. Signed by Judge Susan Hightower. (cc3) (Entered: 04/14/2025)

2025-04-11

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Opposition to Motion, filed by Mullen Industries LLC, re 76 Opposed MOTION for Confidentiality/Protective Order Or In the Alternative, Motion to Quash Plaintiff's Improper Rule 30(b)(6) Topics Regarding "Venue" filed by Defendant Meta Platforms, Inc. (cc3) (Entered: 04/14/2025)

2025-04-11

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Motions No Longer Referred: 80 Opposed MOTION for Leave to File Response to Def.'s Motion for Protection [Dkt. 76] and Motion for Extension of Time, 76 Opposed MOTION for Confidentiality/Protective Order Or In the Alternative, Motion to Quash Plaintiff's Improper Rule 30(b)(6) Topics Regarding "Venue", 58 Opposed MOTION to Compel and For Discovery Sanctions Including (i) A Revised Case Schedule and (ii) Reimbursement of Expert Expenses (cc3)

2025-04-11

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Response in Opposition to Motion, filed by Mullen Industries LLC, re 97 Opposed MOTION to Stay Case Pending Inter Partes Review filed by Defendant Meta Platforms, Inc. (Attachments: # 1 Affidavit of Peter Snell In Support of Plaintiff Mullen Industries LLC's Response to Defendant's Opposed Motion to Stay Pending Inter Partes Review, # 2 Exhibit 1, # 3 Proposed Order Denying Defendant's Opposed Motion to Stay Pending Inter Partes Review)(Snell, Peter) (Entered: 04/14/2025)

2025-04-14

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Motions No Longer Referred

2025-04-14

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ORDER GRANTING 87 Unopposed Motion for Leave to File Sealed Document. Signed by Judge David A. Ezra. (cc3) (Entered: 04/16/2025)

2025-04-15

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Brief in Opposition to Meta's Motion to Transfer Venue to The Northern District of California (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 7, # 4 Exhibit 72, # 5 Exhibit 73, # 6 Exhibit 74, # 7 Exhibit 75, # 8 Exhibit 76, # 9 Exhibit 77, # 10 Exhibit 78, # 11 Exhibit 79, # 12 Exhibit 80, # 13 Exhibit 81, # 14 Exhibit 82, # 15 Exhibit 83, # 16 Exhibit 84, # 17 Exhibit 87) (cc3) (Entered: 04/16/2025)

2025-04-15

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Joint Claim Construction Brief or Statement by Mullen Industries LLC. (Snell, Peter) (Entered: 04/16/2025)

2025-04-16

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REPLY to Response to Motion, filed by Meta Platforms, Inc., re 97 Opposed MOTION to Stay Case Pending Inter Partes Review filed by Defendant Meta Platforms, Inc. (Keefe, Heidi) (Entered: 04/17/2025)

2025-04-17

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Unopposed MOTION to Withdraw as Attorney And For Termination Of Electronic Notices by Mullen Industries LLC. (Attachments: # 1 Proposed Order Granting Plaintiff's Unopposed Motion for Withdrawal of Counsel and For Termination of Electronic Notices)(Snell, Peter) (Entered: 04/28/2025)

2025-04-28

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Transcript filed of Proceedings held on April 9, 2025, Proceedings Transcribed: Motions Hearing. Court Reporter/Transcriber Arlinda Rodriguez. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 5/20/2025, Redacted Transcript Deadline set for 5/30/2025, Release of Transcript Restriction set for 7/28/2025, (Rodriguez, Arlinda) (Entered: 04/29/2025)

2025-04-29

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Order on Motion to Withdraw as Attorney

2025-04-29

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Text Order GRANTING 110 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Paul St. Marie is no longer counsel of record for Plaintiff Mullen Industries LLC in this matter. IT IS FURTHER ORDERED that electronic notices to Paul St. Marie in this case are terminated effective the date of this Order. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-04-29

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ORDER GRANTING 97 Opposed MOTION to Stay Case Pending Inter Partes Review by Meta Platforms, Inc. Signed by Judge Susan Hightower. (cc3) (Entered: 06/25/2025)

2025-06-24

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Case Stayed (cc3)

2025-06-24

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Set Deadline: Status Report due on or before 10/17/2025 (cc3)

2025-06-24

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Motion No Longer Referred: 97 Opposed MOTION to Stay Case Pending Inter Partes Review (cc3)

2025-06-24

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Motions No Longer Referred

2025-06-25

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Set/Reset Deadlines

2025-06-25

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Case Stayed

2025-06-25

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Order on Sealed Motion

2025-06-25

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Text Order DENYING 54 Sealed Motion without prejudice to refiling. (Dkt. # 54.) Defendant may refile its motion once the stay in this case has been lifted. Entered by Judge David A. Ezra. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kklc)

2025-06-25

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STATUS REPORT REGARDING INTER PARTES REVIEW OF ASSERTED PATENTS (JOINT) by Mullen Industries LLC. (Snell, Peter) (Entered: 10/15/2025)

2025-10-15

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MOTION to Appear Pro Hac Vice by Peter F. Snell for Reza Dokhanchy ( Filing fee $ 100 receipt number ATXWDC-20911155) by on behalf of Mullen Industries LLC. (Attachments: # 1 Proposed Order)(Snell, Peter) (Entered: 10/29/2025)

2025-10-29

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ORDER GRANTING 114 Motion to Appear Pro Hac Vice as to REZ DOKHANCHY. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center Signed by Judge David A. Ezra. (cc3) (Entered: 10/30/2025)

2025-10-30

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MOTION FOR ENTRY OF FINAL JUDGMENT BASED ON INVALIDATION OF ALL ASSERTED PATENT CLAIMS by Meta Platforms, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Proposed Order, # 42 Proposed Order)(Keefe, Heidi) (Entered: 11/05/2025)

2025-11-05

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STATUS REPORT REGARDING INTER PARTES REVIEW OF ASSERTED PATENTS (JOINT) by Mullen Industries LLC. (Dokhanchy, Michael) (Entered: 11/06/2025)

2025-11-06

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Response in Opposition to Motion, filed by Mullen Industries LLC, re 116 MOTION FOR ENTRY OF FINAL JUDGMENT BASED ON INVALIDATION OF ALL ASSERTED PATENT CLAIMS filed by Defendant Meta Platforms, Inc. (Attachments: # 1 Declaration of Peter F. Snell In Support of Plaintiff's Opposition to Defendants Motion for Entry of Final Judgment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22)(Snell, Peter) (Entered: 11/19/2025)

2025-11-19

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Extension of Time to File Response/Reply

2025-11-21

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Order on Motion for Extension of Time to File Response/Reply

2025-11-24

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Reply to Response to Motion

2025-12-03

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Notice

2025-12-05

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Leave to File Document

2025-12-09

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Leave to File Document

2025-12-19

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Notice

2025-12-19

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Response

2025-12-22

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Extension of Time to File Response/Reply

2025-12-22

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Order on Motion for Extension of Time to File Response/Reply

2025-12-23

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Memorandum in Opposition to Motion

2026-01-09

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Reply to Response to Motion

2026-01-16

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Order on Motion for Leave to File

2026-01-25

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Surreply to Motion

2026-01-26

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Order on Motion for Leave to File

2026-01-26

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Order on Motion for Hearing

2026-01-26

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Order on Motion for Miscellaneous Relief

2026-01-26

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Motions Referred

2026-01-26

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Order on Motion for Hearing

2026-01-28

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Set/Reset Motion Hearing

2026-01-28

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Transcript Request (Miscellaneous)

2026-05-12

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Transcript Request (Miscellaneous)

2026-05-13

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Motion Hearing

2026-05-13

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REPORT AND RECOMMENDATIONS re 116 Motion for Miscellaneous Relief filed by Meta Platforms, Inc., 123 Motion for Leave to File Document filed by Mullen Industries LLC. Signed by Judge Susan Hightower. (tgp)

2026-05-28

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Transcript Filed

2026-05-29

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Objection to Report and Recommendations

2026-06-12

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Extension of Time to File Response/Reply

2026-06-15

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Order on Motion for Extension of Time to File Response/Reply

2026-06-16

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Response

2026-07-10

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Brief

2026-07-17

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Strike

2026-07-21

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Memorandum in Opposition to Motion

2026-07-22

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Overview

Parties

Defendant

Meta Platforms, Inc.

Represented By

Plaintiff