Net Talk.Com, Inc. v. magicJack VocalTec Ltd.

16-1683

Overview

Case Number 16-1683

Filing Date 2016-03-10

Status Terminated

Termination Date 2017-04-06

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Question)

Cause of Action 35:271 Patent Infringement

Parties

Defendant

MICHELE BORISLOW, Personal Representative of the Estate of Daniel Borislow

Represented By

0 Attorneys Listed

No attorneys available

Plaintiff - Appellee

NET TALK.COM, INC., a Florida corporation

Represented By

2 Attorneys Listed

Kyle Wallenberg, Attorney

Firm: 312-755-8575

Niro McAndrews, LLC, Suite 4250

Matthew McAndrews, Attorney

Email: mmcandrews@mcandrews-ip.com

Niro McAndrews, LLC, 21660 West Field Parkway

Defendant - Appellant

MAGICJACK LP, a Delaware limited partnership

Represented By

3 Attorneys Listed

Janice Ta, Attorney

Perkins Coie LLP

405 Colorado Street, Austin, TX 78701

Stephen C. Stout, Ph.D., Attorney

Baker Botts LLP

98 San Jacinto Boulevard, Austin, TX 78701

Darryl M. Woo, -

Goodwin Procter LLP

31st Floor, 525 Market Street

MAGICJACK HOLDINGS CORPORATION, a Delaware corporation, fka YMax Holdings Corporation

Represented By

3 Attorneys Listed

Janice Ta, Attorney

Perkins Coie LLP

405 Colorado Street, Austin, TX 78701

Stephen C. Stout, Ph.D., Attorney

Baker Botts LLP

98 San Jacinto Boulevard, Austin, TX 78701

Darryl M. Woo, -

Goodwin Procter LLP

31st Floor, 525 Market Street

MAGICJACK VOCALTEC LTD., an Israel limited partnership

Represented By

3 Attorneys Listed

Janice Ta, Attorney

Perkins Coie LLP

405 Colorado Street, Austin, TX 78701

Stephen C. Stout, Ph.D., Attorney

Baker Botts LLP

98 San Jacinto Boulevard, Austin, TX 78701

Darryl M. Woo, -

Goodwin Procter LLP

31st Floor, 525 Market Street

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: 03/10/2016. [317560]Entry of Appearance due 03/24/2016. Certificate of Interest is due on 03/24/2016. Docketing Statement due 03/24/2016. Appellant/Petitioner's brief is due 05/09/2016. [CAB] [Entered: 03/10/2016 03:00 PM]

2016-03-10

View

Entry of appearance for Darryl M. Woo as principal counsel for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321449] [Darryl Woo] [Entered: 03/24/2016 01:28 PM]

2016-03-24

View

Entry of appearance for Janice Le Ta as of counsel for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321453] [Janice Ta] [Entered: 03/24/2016 01:45 PM]

2016-03-24

View

Certificate of Interest for the Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321454] [Darryl Woo] [Entered: 03/24/2016 01:49 PM]

2016-03-24

View

Net Talk.Com, Inc. v. magicJack VocalTec Ltd.

Overview

Parties

Defendant

MICHELE BORISLOW, Personal Representative of the Estate of Daniel Borislow Follow

Represented By

Plaintiff - Appellee

NET TALK.COM, INC., a Florida corporation Follow

Represented By

Defendant - Appellant

MAGICJACK LP, a Delaware limited partnership Follow

Represented By

MAGICJACK HOLDINGS CORPORATION, a Delaware corporation, fka YMax Holdings Corporation Follow

Represented By

MAGICJACK VOCALTEC LTD., an Israel limited partnership Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 03/10/2016. [317560]Entry of Appearance due 03/24/2016. Certificate of Interest is due on 03/24/2016. Docketing Statement due 03/24/2016. Appellant/Petitioner's brief is due 05/09/2016. [CAB] [Entered: 03/10/2016 03:00 PM]

Entry of appearance for Darryl M. Woo as principal counsel for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321449] [Darryl Woo] [Entered: 03/24/2016 01:28 PM]

Entry of appearance for Janice Le Ta as of counsel for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321453] [Janice Ta] [Entered: 03/24/2016 01:45 PM]

Certificate of Interest for the Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321454] [Darryl Woo] [Entered: 03/24/2016 01:49 PM]

Docketing Statement for the Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/24/2016 by email. [321456] [Darryl Woo] [Entered: 03/24/2016 01:53 PM]

Entry of appearance for Matthew G. McAndrews as principal counsel for Appellee Net Talk.Com, Inc.. Service: 03/24/2016 by email. [321606] [Matthew McAndrews] [Entered: 03/24/2016 06:58 PM]

Certificate of Interest for the Appellee Net Talk.Com, Inc.. Service: 03/24/2016 by email. [321607] [Matthew McAndrews] [Entered: 03/24/2016 06:59 PM]

Docketing Statement for the Appellee Net Talk.Com, Inc.. Service: 03/24/2016 by email. [321610] [Matthew McAndrews] [Entered: 03/24/2016 07:01 PM]

Entry of appearance for Stephen C. Stout as of counsel for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/28/2016 by email. [321984] [Stephen Stout] [Entered: 03/28/2016 09:31 AM]

Clerk Order Filed

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: OPENING BRIEF. Service: 07/08/2016 by email. [349480] This brief has been rejected. See Doc No. [16] [Darryl Woo] [Entered: 07/08/2016 02:22 PM]

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: CORRECTED OPENING BRIEF. Service: 07/08/2016 by email. [349576] [Darryl Woo] [Entered: 07/08/2016 05:23 PM]

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: OPENING BRIEF. Service: 07/08/2016 by email. [349480] This brief has been rejected. See Doc No. [16]

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: OPENING BRIEF. Service: 07/08/2016 by email. [349480] This brief has been rejected. See Doc No. [16]

6 paper copies of the Corrected Opening Brief [18] received from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. [350366] [KW] [Entered: 07/13/2016 09:20 AM]

MOTION of Appellee Net Talk.Com, Inc. to extend the time to 10/06/2016 to file the appellee/respondent/cross-appellant's principal brief. Response/Opposition is due 08/15/2016 [Consent: unopposed]. Service: 08/01/2016 by email, clerk. [355025] [Matthew McAndrews] [Entered: 08/01/2016 02:20 PM]

Clerk Order Filed

Entry of appearance for Kyle D. Wallenberg as of counsel for Appellee Net Talk.Com, Inc.. Service: 10/06/2016 by email. [372497] [Kyle Wallenberg] [Entered: 10/06/2016 05:23 PM]

TENDERED from Appellee Net Talk.Com, Inc.. Title: RESPONSE BRIEF. Service: 10/06/2016 by email. [372525] [Matthew McAndrews] [Entered: 10/06/2016 11:50 PM]

6 paper copies of the Response Brief [24] received from Appellee Net Talk.Com, Inc. [374487] [KW] [Entered: 10/14/2016 04:11 PM]

Amended Certificate of Interest for the Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 10/17/2016 by email. [375115] [Darryl Woo] [Entered: 10/17/2016 07:58 PM]

Clerk Order Filed

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: REPLY BRIEF. Service: 11/03/2016 by email. [380042] [Darryl Woo] [Entered: 11/03/2016 11:41 AM]

6 paper copies of the Reply Brief [32] received from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. [381873] [KW] [Entered: 11/10/2016 09:17 AM]

Statement of Compliance with Fed. Cir. R. 33 for Appellants MagicJack LP, magicJack VocalTec Ltd., magicjack Holdings Corporation and Appellee Net Talk.Com, Inc.. Service: 11/10/2016 by email. [382144] [Darryl Woo] [Entered: 11/10/2016 04:32 PM]

Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 11/10/2016 by email. [382146] [Darryl Woo] [Entered: 11/10/2016 04:35 PM]

TENDERED from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Title: JOINT APPENDIX. Service: 11/10/2016 by email. [382182] [Darryl Woo] [Entered: 11/10/2016 07:01 PM]

JOINT APPENDIX FILED for MagicJack LP, magicJack VocalTec Ltd., and magicjack Holdings Corporation [36]. Number of Pages: 772. Service: 11/10/2016 by email. The paper copies of the brief should be received by the court on or before 11/21/2016. [382441] [CAB] [Entered: 11/14/2016 11:40 AM]

6 paper copies of the Joint Appendix [37] received from Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. [383709] [KW] [Entered: 11/16/2016 02:58 PM]

Notice from Appellee Net Talk.Com, Inc. regarding conflicts with oral argument (January 2-6, 2017; January 10-12, 2017; February 9-14, 2017; and February 27 March 3, 2017.). Service: 11/21/2016 by email. [385168] [Matthew McAndrews] [Entered: 11/21/2016 04:17 PM]

MOTION of Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation to reschedule argument. Any response is due within 10 days of service [Consent: unopposed]. Service: 02/08/2017 by email. [405759] [Darryl Woo] [Entered: 02/08/2017 04:24 PM]

Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellants MagicJack LP, magicJack VocalTec Ltd. and magicjack Holdings Corporation. Service: 03/22/2017 by email. [418050] [Darryl Woo] [Entered: 03/22/2017 03:55 PM]

Submitted after ORAL ARGUMENT by Darryl Michael Woo for magicJack VocalTec Ltd., MagicJack LP and magicjack Holdings Corporation and Matthew McAndrews for Net Talk.Com, Inc. Panel: Judge: Wallach, Judge: Taranto, Judge: Stoll. [421200] [JAB] [Entered: 04/04/2017 10:34 AM]

OPINION and JUDGMENT filed. The judgment or decision is: Affirmed. (FCR 36). (For the Court: Wallach,Circuit Judge; Taranto,Circuit Judge and Stoll,Circuit Judge). [421930] [CAB] [Entered: 04/06/2017 09:32 AM]

Mandate issued to the United States District Court for the Southern District of Florida. Service as of this date by Clerk of Court. [431330] [JAB] [Entered: 05/15/2017 11:31 AM]

Track Case Updates

MICHELE BORISLOW, Personal Representative of the Estate of Daniel Borislow

NET TALK.COM, INC., a Florida corporation

MAGICJACK LP, a Delaware limited partnership

MAGICJACK HOLDINGS CORPORATION, a Delaware corporation, fka YMax Holdings Corporation

MAGICJACK VOCALTEC LTD., an Israel limited partnership