Openwave Systems Inc. v. Apple Inc.

1:11-cv-00765

Overview

Case Number 1:11-cv-00765

Filing Date 2011-08-31

Status Terminated

Termination Date 2014-10-03

Court District Court, D. Delaware (ded)

Presiding Judge Richard G. Andrews

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Apple Inc.

Represented By

8 Attorneys Listed

Richard K. Herrmann

ADDRESS EXPIRED / UNKNOWN

Tel: +1 (302) 888-6800

ADDRESS EXPIRED / UNKNOWN, (302) 888-6800

Mary Matterer

ADDRESS EXPIRED / UNKNOWN

Tel: +1 (302) 888-6800

Fax: +1 (302) 571-1750

ADDRESS EXPIRED / UNKNOWN, (302) 888-6800

H. Mark Lyon

Email: mlyon@gibsondunn.com

Kenneth Laurence Dorsney

Morris James LLP

Tel: +1 (302) 888-6855

Fax: +1 (302) 571-1750

500 Delaware Avenue, Suite 1500

Josh A. Krevitt

Email: jkrevitt@gibsondunn.com

Etai Lahav

Email: elahav@gibsondunn.com

Yu-Chieh E. Hsin

Email: ehsin@gibsondunn.com

Brooke M. Wallace

Email: bwallace@gibsondunn.com

Miscellaneous

Openwave Systems Inc.

Represented By

3 Attorneys Listed

John Shumaker

Email: jshumaker@mckoolsmith.com

Jack B. Blumenfeld

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 658-9200

1201 North Market Street, P.O. Box 1347

Rodger Dallery Smith , II

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 351-9205

1201 North Market Street, P.O. Box 1347

Counter Claimant

Research In Motion LTD.

Represented By

3 Attorneys Listed

Alan J. Heinrich

Email: aheinrich@irell.com

Richard L. Horwitz

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

David Ellis Moore

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

Research In Motion Corp.

Represented By

3 Attorneys Listed

Gavin K. Snyder

Email: gsnyder@irell.com

Richard L. Horwitz

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

David Ellis Moore

Potter Anderson & Corroon, LLP

Tel: +1 (302) 984-6000

1313 N. Market St., Hercules Plaza, 6th Flr., P.O. Box 951

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Richard G. Andrews

Patents Involved

5 Patents

There are 5 patents involved in this case.

Application Number	Patent Number	External Links
-	US6233608	Espacenet Google Patents
-	US6289212	Espacenet Google Patents
-	US6405037	Espacenet Google Patents
-	US6430409	Espacenet Google Patents
-	US6625447	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Apple Inc., Research In Motion Corp., Research In Motion LTD. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-938647.) - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Civil Cover Sheet)(els) (Entered: 09/01/2011)

2011-08-31

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COMPLAINT filed with Jury Demand against Apple Inc., Research In Motion Corp., Research In Motion LTD. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-938647.) - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Civil Cover Sheet)(els) (Entered: 09/01/2011)

2011-08-31

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COMPLAINT filed with Jury Demand against Apple Inc., Research In Motion Corp., Research In Motion LTD. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-938647.) - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Civil Cover Sheet)(els) (Entered: 09/01/2011)

2011-08-31

View

COMPLAINT filed with Jury Demand against Apple Inc., Research In Motion Corp., Research In Motion LTD. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-938647.) - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-E, # 3 Civil Cover Sheet)(els) (Entered: 09/01/2011)

2011-08-31

View

Openwave Systems Inc. v. Apple Inc.

Overview

Parties

Defendant

Apple Inc. Follow

Represented By

Miscellaneous

Openwave Systems Inc. Follow

Represented By

Counter Claimant

Research In Motion LTD. Follow

Represented By

Research In Motion Corp. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (els) (Entered: 09/01/2011)

Disclosure Statement pursuant to Rule 7.1 filed by Openwave Systems Inc.. (els) (Entered: 09/01/2011)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,233,608; 6,289,212; 6,405,037; 6,430,409; 6,625,447;. (els) (Entered: 09/01/2011)

Summons Issued as to Apple Inc. on 9/1/2011; Research In Motion Corp. on 9/1/2011; Research In Motion LTD. on 9/1/2011. Requesting party should contact the Help Desk at 302-573-6170 to arrange for pick-up or mailing of the summons. (els)

Case Assigned to Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MSG) after the case number on all documents filed. (Courtesy copies of filings should be sent to the chambers of the assigned Judge). (rjb)

NOTICE requesting Clerk to remove Scott J. Pivnick and the law firm of Alston & Bird as co-counsel. Reason for request: No longer affiliated with case. (Smith, Rodger) (Entered: 10/11/2011)

STIPULATION and Proposed Order to Stay Action Pending ITC Determination by Apple Inc., Openwave Systems Inc., Research In Motion Corp., Research In Motion LTD.. (Herrmann, Richard) (Entered: 10/17/2011)

SO ORDERED re 6 Stipulation and Proposed Order to Stay Action Pending ITC Determination, filed by Openwave Systems Inc., Apple Inc., Research In Motion LTD., Research In Motion Corp. (Case stayed). Signed by Judge Mitchell S. Goldberg on 10/17/2011. (nms) (Entered: 10/17/2011)

ORDER- Case is closed for administrative purposes with leave to reopen if further attention by the Court is required (CASE CLOSED). Signed by Judge Mitchell S. Goldberg on 10/18/2011. (lid) (Entered: 10/18/2011)

STIPULATION to Lift Stay (see 7 ), by Apple Inc., Openwave Systems Inc., Research In Motion Corp., Research In Motion LTD.. (Smith, Rodger) Modified on 12/28/2012 (nms). (Entered: 12/21/2012)

Case reassigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)

ORDER Granting 9 Stipulation to Lift Stay, filed by Openwave Systems Inc., Apple Inc., Research In Motion LTD., Research In Motion Corp. (see Stipulation for further deadlines). Signed by Judge Richard G. Andrews on 12/28/2012. (nms) (Entered: 12/28/2012)

First AMENDED COMPLAINT for Patent Infringement against Apple Inc., Research In Motion Corp., Research In Motion LTD.- filed by Openwave Systems Inc.. (Attachments: # 1 Exhibits A-C)(Smith, Rodger) Modified on 1/3/2013 (nms). (Entered: 01/02/2013)

First AMENDED COMPLAINT for Patent Infringement against Apple Inc., Research In Motion Corp., Research In Motion LTD.- filed by Openwave Systems Inc.. (Attachments: # 1 Exhibits A-C)(Smith, Rodger) Modified on 1/3/2013 (nms). (Entered: 01/02/2013)

Joint MOTION to Dismiss or Strike Claims In Unwired Planet, Inc.'s FIrst Amended Complaint - filed by Research In Motion Corp., Research In Motion LTD.. (Attachments: # 1 Proposed Order)(Moore, David) Modified on 2/5/2013 (nms). (Entered: 02/01/2013)

Joint MOTION to Dismiss or Strike Claims In Unwired Planet, Inc.'s FIrst Amended Complaint - filed by Research In Motion Corp., Research In Motion LTD.. (Attachments: # 1 Proposed Order)(Moore, David) Modified on 2/5/2013 (nms). (Entered: 02/01/2013)

Joint OPENING BRIEF in Support re 12 Joint MOTION to Dismiss, filed by Research In Motion Corp., Research In Motion LTD., Apple Inc.. Answering Brief/Response due date per Local Rules is 2/19/2013. (Moore, David) Modified on 2/5/2013 (nms). (Entered: 02/01/2013)

Disclosure Statement pursuant to Rule 7.1 filed by Research In Motion Corp., Research In Motion LTD.. (Moore, David) (Entered: 02/01/2013)

ANSWER to 11 Amended Complaint with Jury Demand, COUNTERCLAIM against Openwave Systems Inc. by Apple Inc..(Matterer, Mary) Modified on 2/5/2013 (nms). (Entered: 02/01/2013)

Disclosure Statement pursuant to Rule 7.1 filed by Apple Inc.. (Matterer, Mary) (Entered: 02/01/2013)

MOTION for Pro Hac Vice Appearance of Attorney Y. Ernest Hsin, Attorney Josh Krevitt, Attorney Etai Lahav, Attorney H. Mark Lyon, Attorney Mark Reiter, and Attorney Brooke Myers Wallace - filed by Apple Inc.. (Matterer, Mary) (Entered: 02/04/2013)

SO ORDERED, re 18 MOTION for Pro Hac Vice Appearance of Attorney Y. Ernest Hsin, Attorney Josh Krevitt, Attorney Etai Lahav, Attorney H. Mark Lyon, Attorney Mark Reiter, and Attorney Brooke Myers Wallace filed by Apple Inc.. Signed by Judge Richard G. Andrews on 2/5/2013. (nms)

Pro Hac Vice Attorney H. Mark Lyon for Apple Inc. added for electronic noticing. (els)

CORRECTING ENTRY: The main pdf for D.I. 14 has been replaced with an amended version. The reference to exhibits has been corrected. (nms)

Pro Hac Vice Attorney Etai Lahav,Josh A. Krevitt for Apple Inc. added for electronic noticing. (dmp, )

Pro Hac Vice Attorney Brooke M. Wallace for Apple Inc. added for electronic noticing. (dmp, )

PROPOSED Scheduling Order, by Openwave Systems Inc.. (Attachments: # 1 Letter to The Honorable Richard G. Andrews)(Smith, Rodger) Modified on 2/8/2013 (nms). (Entered: 02/08/2013)

PROPOSED Scheduling Order, by Openwave Systems Inc.. (Attachments: # 1 Letter to The Honorable Richard G. Andrews)(Smith, Rodger) Modified on 2/8/2013 (nms). (Entered: 02/08/2013)

Pro Hac Vice Attorney Yu-Chieh E. Hsin for Apple Inc. added for electronic noticing. (dmp, )

ORAL ORDER: The Court will schedule a Rule 16 Conference after RIM files an answer. Ordered by Judge Richard G. Andrews on 2/12/2013. (nms)

MOTION for Pro Hac Vice Appearance of Attorney Benjamin Levi, John Shumaker and Theodore Stevenson, III of MCKOOL SMITH, P.C. - filed by Openwave Systems Inc.. (Smith, Rodger) (Entered: 02/15/2013)

SO ORDERED, re 21 MOTION for Pro Hac Vice Appearance of Attorney Benjamin Levi, John Shumaker and Theodore Stevenson, III of MCKOOL SMITH, P.C. filed by Openwave Systems Inc.. Signed by Judge Richard G. Andrews on 2/19/2013. (nms)

ANSWER to 16 Answer to Amended Complaint, and Counterclaims, by Openwave Systems Inc..(Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

MOTION for Leave to File Second Amended Complaint - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

MOTION for Leave to File Second Amended Complaint - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

MOTION for Leave to File Second Amended Complaint - filed by Openwave Systems Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

OPENING BRIEF in Support re 23 MOTION for Leave to File Second Amended Complaint, filed by Openwave Systems Inc..Answering Brief/Response due date per Local Rules is 3/14/2013. (Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

ANSWERING BRIEF in Opposition re 12 Joint MOTION to Dismiss or Strike Claims in Unwired Planet, Inc.'s First Amended Complaint, filed by Openwave Systems Inc..Reply Brief due date per Local Rules is 3/7/2013. (Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

Opposition to 14 Joint Request for Judicial Notice in Support of Joint Motion to Dismiss or Strike Claims in Unwired Planet, Inc.'s First Amended Complaint, by Openwave Systems Inc.. (Smith, Rodger) Modified on 2/26/2013 (nms). (Entered: 02/25/2013)

CORRECTING ENTRY: A link to D.I. 14 has been added to D.I. 26 . (nms)

REPLY BRIEF re 12 Joint MOTION to Dismiss or Strike Claims in Unwired Planet, Inc.'s First Amended Complaint, filed by Research In Motion Corp., Research In Motion LTD.. (Moore, David) Modified on 3/8/2013 (nms). (Entered: 03/07/2013)

REPLY to 14 Joint Request for Judicial Notice in Support of 12 Joint Motion to Dismiss or Strike Claims in Unwired Planet, Inc.'S First Amended Complaint, filed by Research In Motion Corp., Research In Motion LTD.. (Moore, David) Modified on 3/8/2013 (nms). (Entered: 03/07/2013)

ANSWERING BRIEF in Opposition re 23 MOTION for Leave to Amend Complaint, filed by Research In Motion Corp., Research In Motion LTD..Reply Brief due date per Local Rules is 3/25/2013. (Moore, David) Modified on 3/15/2013 (nms). (Entered: 03/14/2013)

REPLY BRIEF re 23 MOTION for Leave to File Second Amended Complaint filed by Openwave Systems Inc.. (Smith, Rodger) (Entered: 03/25/2013)

SECOND AMENDED COMPLAINT for Patent Infringement against Apple Inc., Research In Motion Corp., Research In Motion LTD.- filed by Openwave Systems Inc..(nms) Modified on 6/28/2013 (nms). (Entered: 06/28/2013)

Joint Status Reeport Regarding Claim Construction Pursuant to the Court's June 28, 2013 Order (D.I. 31 ), by Apple Inc., Openwave Systems Inc., Research In Motion Corp., Research In Motion LTD.. (Smith, Rodger) Modified on 7/15/2013 (nms). (Entered: 07/12/2013)

ANSWER to 32 Amended Complaint with Jury Demand, COUNTERCLAIM against Openwave Systems Inc., by Research In Motion LTD., Research In Motion Corp..(Moore, David) Modified on 7/16/2013 (nms). (Entered: 07/15/2013)

ANSWER to 32 Amended Complaint with Jury Demand, COUNTERCLAIM against Openwave Systems Inc. by Apple Inc..(Matterer, Mary) Modified on 7/16/2013 (nms). (Entered: 07/15/2013)

ORAL ORDER: THe proposal set forth by Plaintiff at D.I. 33, p.5, is APPROVED. Ordered by Judge Richard G. Andrews on 7/15/2013. (nms)

ORAL ORDER: The Court will set a Markman Hearing in this matter for 11/25/2013, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. Ordered by Judge Richard G. Andrews on 7/15/2013. (nms)

Pro Hac Vice Attorney John Shumaker for Openwave Systems Inc. added for electronic noticing. (els)

CLAIM CONSTRUCTION OPENING BRIEF Regarding The "Mobile Device" Terms, filed by Openwave Systems Inc.. (Smith, Rodger) Modified on 7/30/2013 (nms). (Entered: 07/29/2013)

DECLARATION of Martin E. Kaliski, Ph.D. re 36 Claim Construction Opening Brief, by Openwave Systems Inc.. (Attachments: # 1 Exhibit 1)(Smith, Rodger) Modified on 7/30/2013 (nms). (Entered: 07/29/2013)

DECLARATION of Martin E. Kaliski, Ph.D. re 36 Claim Construction Opening Brief, by Openwave Systems Inc.. (Attachments: # 1 Exhibit 1)(Smith, Rodger) Modified on 7/30/2013 (nms). (Entered: 07/29/2013)

NOTICE requesting Clerk to remove Etai Lahav as co-counsel. Reason for request: Mr. Lahav is no longer with trial counsel's law firm.. (Matterer, Mary) (Entered: 07/31/2013)

Unopposed MOTION for Extension of Time to extend Claim Construction briefing deadlines - filed by Apple Inc., Openwave Systems Inc., Research In Motion Corp., Research In Motion LTD.. (Matterer, Mary) Modified on 8/7/2013 (nms). (Entered: 08/06/2013)

ORDER Granting 40 MOTION for Extension of Time to extend Claim Construction briefing deadlines, filed by Openwave Systems Inc., Apple Inc., Research In Motion LTD., Research In Motion Corp. (see Order for details). Signed by Judge Richard G. Andrews on 8/7/2013. (nms) (Entered: 08/07/2013)

ANSWER to 34 Answer to Amended Complaint, Counterclaim by Openwave Systems Inc..(Smith, Rodger) (Entered: 08/08/2013)

ANSWER to 35 Answer to Amended Complaint, Counterclaim, by Openwave Systems Inc..(Smith, Rodger) Modified on 8/9/2013 (nms). (Entered: 08/08/2013)

[SEALED] Claim Construction Answering Brief, filed by Apple Inc., Research In Motion Corp., Research In Motion LTD.. (Matterer, Mary) Modified on 8/26/2013 (nms). (Entered: 08/23/2013)

[SEALED] DECLARATION of Stuart M. Rosenberg, Volume II re 44 Claim Construction Answering Brief, by Apple Inc., Research In Motion Corp., Research In Motion LTD.. (Attachments: # 1 Part 2)(Matterer, Mary) Modified on 8/26/2013 (nms). (Entered: 08/23/2013)

[SEALED] DECLARATION of Stuart M. Rosenberg, Volume III re 44 Claim Construction Answering Brief, by Apple Inc., Research In Motion Corp., Research In Motion LTD.. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(Matterer, Mary) Modified on 8/26/2013 (nms). (Entered: 08/23/2013)

[SEALED] DECLARATION of Stuart M. Rosenberg, Volume IV re 44 Claim Construction Answering Brief, by Apple Inc., Research In Motion Corp., Research In Motion LTD.. (Attachments: # 1 Part 2)(Matterer, Mary) Modified on 8/26/2013 (nms). (Entered: 08/23/2013)

Apple Inc.

Openwave Systems Inc.

Research In Motion LTD.

Research In Motion Corp.