Orbit Licensing LLC v. Red Hat, Inc.

1:21-cv-00949

Overview

Case Number 1:21-cv-00949

Filing Date 2021-06-29

Status Terminated

Termination Date 2021-11-23

Court District Court, D. Delaware (ded)

Presiding Judge Leonard P. Stark

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Red Hat, Inc.

Represented By

1 Attorneys Listed

Jack B. Blumenfeld

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 658-9200

1201 North Market Street, P.O. Box 1347

Plaintiff

Orbit Licensing LLC

Represented By

1 Attorneys Listed

David W. deBruin

Gawthrop Greenwood, PC

Tel: +1 (302) 777-5353

Fax: +1 (302) 777-5299

3711 Kennett Pike, Suite 100

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Leonard P. Stark

Patents Involved

2 Patents

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US8839195	Espacenet Google Patents
-	US9578040	Espacenet Google Patents

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT - filed with Jury Demand against Red Hat, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3646801.) - filed by Orbit Licensing LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(mal) (Entered: 06/29/2021)

2021-06-29

View

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 06/29/2021)

2021-06-29

View

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,839,195 ;9,578,040. (mal) (Entered: 06/29/2021)

2021-06-29

View

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Orbit Licensing LLC. (mal) (Entered: 06/29/2021)

2021-06-29

View

Orbit Licensing LLC v. Red Hat, Inc.

Overview

Parties

Defendant

Red Hat, Inc.

Represented By

Plaintiff

Orbit Licensing LLC

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 06/29/2021)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,839,195 ;9,578,040. (mal) (Entered: 06/29/2021)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Orbit Licensing LLC. (mal) (Entered: 06/29/2021)

Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) (Entered: 06/29/2021)

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:21-cv-00938-LPS, 1:21-cv-00943-LPS, 1:21-cv-00948-LPS, 1:21-cv-00949-LPS, 1:21-cv-00953-LPS, 1:21-cv-00962-LPS and 1:21-cv-00964-LPS (rjb)

Case Assigned/Reassigned

SUMMONS Returned Executed by Orbit Licensing LLC. Red Hat, Inc. served on 7/12/2021, answer due 8/2/2021. (deBruin, David) (Entered: 07/16/2021)

MOTION for Extension of Time to File Answer re 1 Complaint, - filed by Orbit Licensing LLC. (deBruin, David) (Entered: 08/02/2021)

SO ORDERED, re 7 MOTION for Extension of Time to File Answer re 1 Complaint filed by Orbit Licensing LLC. Signed by Judge Leonard P. Stark on 8/2/21. (ntl)

SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Alton L. Absher III and Norris P. Boothe - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 09/24/2021)

SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Alton L. Absher III and Norris P. Boothe filed by Red Hat, Inc. Signed by Judge Leonard P. Stark on 9/27/21. (ntl)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 10/01/2021)

OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Red Hat, Inc..Answering Brief/Response due date per Local Rules is 10/15/2021. (Blumenfeld, Jack) (Entered: 10/01/2021)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent International Business Machines Corporation for Red Hat, Inc. filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 10/01/2021)

MOTION for Extension of Time to File Response/Reply as to 10 Opening Brief in Support, 9 MOTION to Dismiss for Failure to State a Claim - filed by Orbit Licensing LLC. (deBruin, David) (Entered: 10/12/2021)

SO ORDERED

SO ORDERED, re 12 Stipulation for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss filed by Orbit Licensing LLC. Signed by Judge Leonard P. Stark on 10/14/21. (ntl)

AMENDED COMPLAINT against Red Hat, Inc.- filed by Orbit Licensing LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(deBruin, David) (Entered: 10/22/2021)

MOTION to Dismiss for Failure to State a Claim (Renewed) - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 11/05/2021)

OPENING BRIEF in Support re 14 MOTION to Dismiss for Failure to State a Claim (Renewed) filed by Red Hat, Inc..Answering Brief/Response due date per Local Rules is 11/19/2021. (Blumenfeld, Jack) (Entered: 11/05/2021)

NOTICE of Voluntary Dismissal by Orbit Licensing LLC as to Red Hat, Inc. (deBruin, David) (Entered: 11/19/2021)

Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 11/23/2021)

~Util - Terminate Civil Case AND SO ORDERED

SO ORDERED, re 16 Notice of Voluntary Dismissal filed by Orbit Licensing LLC, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 11/23/21. (ntl)

Orbit Licensing LLC v. Red Hat, Inc.

Overview

Parties

Defendant

Red Hat, Inc. Follow

Represented By

Plaintiff

Orbit Licensing LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) (Entered: 06/29/2021)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,839,195 ;9,578,040. (mal) (Entered: 06/29/2021)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Orbit Licensing LLC. (mal) (Entered: 06/29/2021)

Summonses Issued (please complete the top portion of the form and print out for use/service). (mal) (Entered: 06/29/2021)

Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. Associated Cases: 1:21-cv-00938-LPS, 1:21-cv-00943-LPS, 1:21-cv-00948-LPS, 1:21-cv-00949-LPS, 1:21-cv-00953-LPS, 1:21-cv-00962-LPS and 1:21-cv-00964-LPS (rjb)

Case Assigned/Reassigned

SUMMONS Returned Executed by Orbit Licensing LLC. Red Hat, Inc. served on 7/12/2021, answer due 8/2/2021. (deBruin, David) (Entered: 07/16/2021)

MOTION for Extension of Time to File Answer re 1 Complaint, - filed by Orbit Licensing LLC. (deBruin, David) (Entered: 08/02/2021)

SO ORDERED, re 7 MOTION for Extension of Time to File Answer re 1 Complaint filed by Orbit Licensing LLC. Signed by Judge Leonard P. Stark on 8/2/21. (ntl)

SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Alton L. Absher III and Norris P. Boothe - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 09/24/2021)

SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Alton L. Absher III and Norris P. Boothe filed by Red Hat, Inc. Signed by Judge Leonard P. Stark on 9/27/21. (ntl)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 10/01/2021)

OPENING BRIEF in Support re 9 MOTION to Dismiss for Failure to State a Claim filed by Red Hat, Inc..Answering Brief/Response due date per Local Rules is 10/15/2021. (Blumenfeld, Jack) (Entered: 10/01/2021)

Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent International Business Machines Corporation for Red Hat, Inc. filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 10/01/2021)

MOTION for Extension of Time to File Response/Reply as to 10 Opening Brief in Support, 9 MOTION to Dismiss for Failure to State a Claim - filed by Orbit Licensing LLC. (deBruin, David) (Entered: 10/12/2021)

SO ORDERED

SO ORDERED, re 12 Stipulation for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss filed by Orbit Licensing LLC. Signed by Judge Leonard P. Stark on 10/14/21. (ntl)

AMENDED COMPLAINT against Red Hat, Inc.- filed by Orbit Licensing LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(deBruin, David) (Entered: 10/22/2021)

MOTION to Dismiss for Failure to State a Claim (Renewed) - filed by Red Hat, Inc.. (Blumenfeld, Jack) (Entered: 11/05/2021)

OPENING BRIEF in Support re 14 MOTION to Dismiss for Failure to State a Claim (Renewed) filed by Red Hat, Inc..Answering Brief/Response due date per Local Rules is 11/19/2021. (Blumenfeld, Jack) (Entered: 11/05/2021)

NOTICE of Voluntary Dismissal by Orbit Licensing LLC as to Red Hat, Inc. (deBruin, David) (Entered: 11/19/2021)

Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 11/23/2021)

~Util - Terminate Civil Case AND SO ORDERED

SO ORDERED, re 16 Notice of Voluntary Dismissal filed by Orbit Licensing LLC, ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 11/23/21. (ntl)

Track Case Updates

Red Hat, Inc.

Orbit Licensing LLC