Next Generation Systems Inc. v. Brocade Communications Systems Inc.

5:14-cv-03366

Overview

Case Number 5:14-cv-03366

Filing Date 2014-07-28

Status Terminated

Termination Date 2014-12-31

Court District Court, N.D. California (cand)

Presiding Judge Paul Singh Grewal

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Counter Defendant

Next Generation Systems Inc.

Represented By

6 Attorneys Listed

Richard Charles Weinblatt ,

Stamoulis and Weinblatt LLC

Tel: +1 (302) 999-1540

Fax: +1 (302) 762-1688

Stamoulis and Weinblatt LLC, 800 N. West Street, Third Floor

Stamatios Stamoulis

O'Melveny & Myers LLP

Tel: +1 (212) 326-2000

153 East 53rd Street, New York, NY 10022

Sarah Marie Paxson

Gardere Wynne Sewell LLP

Tel: +1 (214) 999-3000

1601 Elm Street, Suite 3000, Dallas, TX 75201

R. Touhey Myer

Stamoulis & Weinblatt LLC

Tel: +1 (215) 260-3969

Stamoulis & Weinblatt LLC, Two Fox Point Centre

David T. Wei , Jr.

Axcel Law Partners LLP

Tel: +1 (415) 704-8800

Fax: +1 (415) 704-8804

4 Embarcadero Center, 14th Floor

Paul V. Storm

Foley Gardere

Tel: +1 (214) 999-4701

Fax: +1 (214) 999-3701

Foley Gardere, 2021 McKinney Avenue

Defendant

Brocade Communications Systems Inc

Represented By

4 Attorneys Listed

Siddhartha M. Venkatesan

GE Digital

Tel: +1 (925) 968-7165

GE Digital, 2623 Camino Ramon

Annette L. Hurst

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (415) 773-5700

Fax: +1 (415) 773-5759

405 Howard Street, San Francisco, CA 94105

Denise Marie Mingrone

Orrick, Herrington & Sutcliffe LLP

Tel: +1 (650) 614-7400

Fax: +1 (650) 614-7401

1000 Marsh Road, Menlo Park, CA 94560

Philip A. Rovner

Potter Anderson & Corroon LLP

Tel: +1 (302) 984-6000

P.O. Box 951, Wilmington, DE 19899

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Paul Singh Grewal

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US7385982	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

2014-04-29

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COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

2014-04-29

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COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

2014-04-29

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jeb, ) (Entered: 04/30/2014)

2014-04-29

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Next Generation Systems Inc. v. Brocade Communications Systems Inc.

Overview

Parties

Counter Defendant

Next Generation Systems Inc. Follow

Represented By

Defendant

Brocade Communications Systems Inc Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

COMPLAINT filed with Jury Demand against Brocade Communications Systems Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1507493.) - filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(jeb, ) (Entered: 04/30/2014)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jeb, ) (Entered: 04/30/2014)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7385982 B2;. (jeb, ) (Entered: 04/30/2014)

Summons Issued with Magistrate Consent Notice attached as to Brocade Communications Systems Inc. on 4/30/2014. 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. (jeb, )

SUMMONS Returned Executed by Next Generation Systems Inc.. Brocade Communications Systems Inc. served on 4/30/2014, answer due 5/21/2014. (Stamoulis, Stamatios) (Entered: 05/02/2014)

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)

Joint STIPULATION TO EXTEND TIME time for Brocade to answer, move, or otherwise respond to Next Generation Systems' Complaint to June 20, 2014 - filed by Brocade Communications Systems Inc.. (Rovner, Philip) (Entered: 05/12/2014)

SO ORDERED, re 5 Joint STIPULATION TO EXTEND TIME time for Brocade to answer, move, or otherwise respond to Next Generation Systems' Complaint to June 20, 2014 filed by Brocade Communications Systems Inc. Signed by Judge Leonard P. Stark on 5/15/14. (ntl)

NOTICE of Attorney Withdrawal ( R Touhey Myer) by Next Generation Systems Inc. (Weinblatt, Richard) (Entered: 05/30/2014)

ANSWER to 1 Complaint, with Jury Demand and Defenses by Brocade Communications Systems Inc.. (Attachments: # 1 Exhibit A)(Rovner, Philip) (Entered: 06/19/2014)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Brocade Communications Systems Inc.. (Rovner, Philip) (Entered: 06/19/2014)

MOTION to Transfer Case to United States District Court for the Northern District of California - filed by Brocade Communications Systems Inc.. (Attachments: # 1 D. Del. LR 7.1.1 Certification)(Rovner, Philip) (Entered: 06/20/2014)

MOTION to Transfer Case to United States District Court for the Northern District of California - filed by Brocade Communications Systems Inc.. (Attachments: # 1 D. Del. LR 7.1.1 Certification)(Rovner, Philip) (Entered: 06/20/2014)

DECLARATION re 9 MOTION to Transfer Case to United States District Court for the Northern District of California DECLARATION OF STEVE WILSON IN SUPPORT OF BROCADE COMMUNICATIONS SYSTEMS, INC.'S MOTION TO TRANSFER by Brocade Communications Systems Inc.. (Rovner, Philip) (Entered: 06/20/2014)

RESPONSE to Motion re 9 MOTION to Transfer Case to United States District Court for the Northern District of California filed by Next Generation Systems Inc.. (Weinblatt, Richard) (Entered: 07/07/2014)

PROPOSED ORDER Proposed Order Granting Motion to Transfer re 9 MOTION to Transfer Case to United States District Court for the Northern District of California, 13 Response to Motion by Brocade Communications Systems Inc.. (Rovner, Philip) (Entered: 07/10/2014)

ORDER GRANTING 9 MOTION to Transfer Case to United States District Court for the Northern District of California filed by Brocade Communications Systems Inc. Signed by Judge Leonard P. Stark on 7/24/14. (ntl) (Entered: 07/24/2014)

Case electronically transferred to Northern District of California. (ntl)

Case transferred in from District of Delaware; Case Number 1:14-cv-00566. Original file certified copy of transfer order and docket sheet received. (Entered: 07/28/2014)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/16/2014. Case Management Conference set for 12/23/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 8/6/2014) (Entered: 08/06/2014)

MOTION to Substitute Attorney and [proposed] Order by Denise Marie Mingrone (Mingrone, Denise) (Filed on 8/11/2014) Modified on 8/11/2014, (incorrect event selected.) (cv, COURT STAFF). (Entered: 08/11/2014)

NOTICE of Appearance by Denise Marie Mingrone (Mingrone, Denise) (Filed on 8/11/2014) (Entered: 08/11/2014)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brocade Communications Systems Inc.. (Mingrone, Denise) (Filed on 8/11/2014) (Entered: 08/11/2014)

NOTICE of Appearance by Siddhartha M. Venkatesan (Venkatesan, Siddhartha) (Filed on 8/11/2014) (Entered: 08/11/2014)

NOTICE of Appearance by Annette L. Hurst (Hurst, Annette) (Filed on 8/11/2014) (Entered: 08/11/2014)

ORDER GRANTING MOTION TO SUBSTITUTE COUNSEL by Judge Paul S. Grewal granting 18 . Attorney Philip A. Rovner terminated (psglc2, COURT STAFF) (Filed on 8/18/2014) (Entered: 08/18/2014)

NOTICE of Appearance by David T. Wei, Jr (Wei, David) (Filed on 8/25/2014) (Entered: 08/25/2014)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Next Generation Systems Inc... (Wei, David) (Filed on 8/25/2014) (Entered: 08/25/2014)

RESPONSE TO DEFENDANTS PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS (re 27 filed by Next Generation Systems Inc. (Wei, David) (Filed on 9/16/2014) Text modified on 9/17/2014 (bwS, COURT STAFF). (Entered: 09/16/2014)

ORDER GRANTING MOTION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Magistrate Judge Paul Singh Grewal granting 31 (psglc2, COURT STAFF) (Filed on 9/17/2014) (Entered: 09/17/2014)

ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE by Magistrate Judge Paul Singh Grewal granting 32 (psglc2, COURT STAFF) (Filed on 9/17/2014) (Entered: 09/17/2014)

Certificate of Interested Entities by Next Generation Systems Inc. (Wei, David) (Filed on 9/17/2014) (Entered: 09/17/2014)

Certificate of Interested Entities by Brocade Communications Systems Inc (Mingrone, Denise) (Filed on 9/17/2014) (Entered: 09/17/2014)

MOTION to Substitute Attorney and [Proposed] Order filed by Next Generation Systems Inc.. (Wei, David) (Filed on 9/19/2014) (Entered: 09/19/2014)

ORDER by Judge Paul S. Grewal granting 37 Motion to Substitute Attorney. Attorney Stamatios Stamoulis and Richard Charles Weinblatt terminated. (ofr, COURT STAFF) (Filed on 9/19/2014) (Entered: 09/19/2014)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wei, David) (Filed on 9/23/2014) (Entered: 09/23/2014)

REPLY (re 27 MOTION for Judgment on the Pleadings (Partial) ) filed byBrocade Communications Systems Inc. (Hurst, Annette) (Filed on 9/23/2014) (Entered: 09/23/2014)

Remark - clerk mailed the ECF Registration Information Handout to Attorney, Sarah M. Paxson along with copy of ORDER 33 to GARDERE WYNNE SEWELL LLP 1601 Elm St., Ste. 3000, Dallas, TX 75201 (cv, COURT STAFF) (Filed on 9/24/2014) Modified text on 9/24/2014 (cv, COURT STAFF).

Certificate of Interested Entities by Next Generation Systems Inc. (Wei, David) (Filed on 10/1/2014) (Entered: 10/01/2014)

JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Next Generation Systems Inc.. (Wei, David) (Filed on 10/1/2014) (Entered: 10/01/2014)

CASE SCHEDULING ORDER re 42 Signed by Judge Paul S. Grewal on October 30, 2014 (psglc2, COURT STAFF) (Filed on 10/30/2014) (Entered: 10/30/2014)

STIPULATION FOR DISMISSAL AND AMENDMENT filed by Next Generation Systems Inc.. (Storm, Paul) (Filed on 11/13/2014) (Entered: 11/13/2014)

FIRST AMENDED COMPLAINT against Brocade Communications Systems Inc. Filed by Next Generation Systems Inc.. (Attachments: # 1 Exhibit A)(Storm, Paul) (Filed on 11/13/2014) Modified on 11/13/2014 (cvS, COURT STAFF). (Entered: 11/13/2014)

Proposed Order re 45 Stipulation For Dismissal And Amendment by Brocade Communications Systems Inc. (Mingrone, Denise) (Filed on 11/17/2014) (Entered: 11/17/2014)

ORDER GRANTING STIPULATED DISMISSAL OF STATE LAW CLAIMS AND AMENDMENT re 47 Signed by Judge Paul S. Grewal on November 18, 2014 (psglc2, COURT STAFF) (Filed on 11/18/2014) (Entered: 11/18/2014)

NOTICE OF SETTLEMENT CONFERENCE AND ORDER - Settlement Conference set for 2/13/2015 09:30 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 11/26/2014. (Attachments: # 1 Standing Order)(lmh, COURT STAFF) (Filed on 11/26/2014) (Entered: 11/26/2014)

ADR CERTIFICATION BY ARTIES AND COUNSEL (ADR L.R. 3-5 b) of discussion of ADR options (Mingrone, Denise) (Filed on 12/1/2014) Modified on 12/3/2014 (bwS, COURT STAFF). (Entered: 12/01/2014)

ANSWER to Amended Complaint re 46, First COUNTERCLAIM against Next Generation Systems Inc. byBrocade Communications Systems Inc. (Attachments: # 1 Exhibit A to Answer and Counterclaim)(Hurst, Annette) (Filed on 12/4/2014) Linkage added on 12/5/2014 (bwS, COURT STAFF). (Entered: 12/04/2014)

MOTION to Amend re: 44 SCHEDULING ORDER filed by Next Generation Systems Inc.. Responses due by 12/26/2014. Replies due by 1/2/2015. (Attachments: # 1 Proposed Order)(Storm, Paul) (Filed on 12/12/2014) Modified on 12/12/2014 (cv, COURT STAFF). (Entered: 12/12/2014)

STIPULATION WITH PROPOSED ORDER FOR DISMISSAL filed by Next Generation Systems Inc.. (Attachments: # 1 Proposed Order)(Storm, Paul) (Filed on 12/30/2014) (Entered: 12/30/2014)

STIPULATION WITH PROPOSED ORDER FOR DISMISSAL filed by Next Generation Systems Inc.. (Attachments: # 1 Proposed Order)(Storm, Paul) (Filed on 12/30/2014) (Entered: 12/30/2014)

ORDER GRANTING STIPULATED DISMISSAL by Magistrate Judge Paul Singh Grewal granting 53 (psglc2, COURT STAFF) (Filed on 12/30/2014) (Entered: 12/30/2014)

Track Case Updates

Next Generation Systems Inc.

Brocade Communications Systems Inc