PayPal, Inc. v. RetailMeNot, Inc

1:20-cv-00814

Overview

Case Number 1:20-cv-00814

Filing Date 2020-04-28

Status Terminated

Termination Date 2020-10-29

Court District Court, W.D. Texas (txwd)

Presiding Judge Alan D Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

RetailMeNot, Inc.

Represented By

5 Attorneys Listed

Robert A. Appleby

Kirkland & Ellis, LLP

Tel: +1 (212) 446-4800

Fax: +1 (212) 446-4900

601 Lexington Avenue, New York, NY 10022

Jon R. Carter

Kirkland & Ellis, LLP

Tel: +1 (212) 446-4800

Fax: +1 (212) 446-4900

601 Lexington Avenue, New York, NY 10022

Jeanne M. Heffernan

Kirkland & Ellis LLP

Tel: +1 (512) 678-9123

Fax: +1 (512) 678-9101

401 Congress Avenue, Austin, TX 78701

Bradley Dalton Coburn

Winston & Strawn LLP

Tel: +1 (214) 453-6402

Fax: +1 (214) 453-6400

2121 N. Pearl Street, Suite 900

Barry K. Shelton

Winston & Strawn LLP

Tel: +1 (214) 453-6407

Fax: +1 (214) 453-6400

2121 N. Pearl Street, Suite 900

Plaintiff

PayPal, Inc.

Represented By

5 Attorneys Listed

David M. Hoffman

Fish & Richardson P.C.

Tel: +1 (512) 226-8154

Fax: +1 (512) 320-8935

111 Congress Avenue, Suite 810

Stephen Marshall

Willkie Farr & Gallagher LLP

Tel: +1 (202) 303-1198

Fax: +1 (202) 303-2000

1875 K.Street, N.W., Washington, DC 20006-1283

Katherine H. Reardon

Fish & Richardson PC

Tel: +1 (404) 724-2764

Fax: +1 (404) 892-5005

1180 Peachtree St. NE, 21st Floor

Indranil Mukerji

Willkie Farr & Gallagher LLP

Tel: +1 (202) 303-1190

Fax: +1 (202) 303-2000

1875 K. Street, N.W., Washington, DC 20006-1238

Juanita Rose Brooks

Fish & Richardson P.C.

Tel: +1 (858) 678-5070

Fax: +1 (858) 678-5099

12860 El Camino Real, Suite 400

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D Albright

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order from Chief Judge Garcia re COVID19)(mc5) (Entered: 04/29/2020)

2020-03-24

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COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 400 receipt number 0542-13509963), filed by PayPal, Inc.. (Attachments: # 1 Civil Cover Sheet)(Hoffman, David) (Entered: 04/28/2020)

2020-04-28

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REQUEST FOR ISSUANCE OF SUMMONS by PayPal, Inc.. (Hoffman, David) (Entered: 04/28/2020)

2020-04-28

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RULE 7 DISCLOSURE STATEMENT filed by PayPal, Inc.. (Hoffman, David) (Entered: 04/28/2020)

2020-04-28

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PayPal, Inc. v. RetailMeNot, Inc

Overview

Parties

Defendant

RetailMeNot, Inc. Follow

Represented By

Plaintiff

PayPal, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. Signed by Judge Alan D Albright. (Attachments: # 1 Supplemental Standing Order from Chief Judge Garcia re COVID19)(mc5) (Entered: 04/29/2020)

COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 400 receipt number 0542-13509963), filed by PayPal, Inc.. (Attachments: # 1 Civil Cover Sheet)(Hoffman, David) (Entered: 04/28/2020)

REQUEST FOR ISSUANCE OF SUMMONS by PayPal, Inc.. (Hoffman, David) (Entered: 04/28/2020)

RULE 7 DISCLOSURE STATEMENT filed by PayPal, Inc.. (Hoffman, David) (Entered: 04/28/2020)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Hoffman, David) (Entered: 04/28/2020)

Case assigned to Judge Alan D Albright. 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. (bw)

Summons Issued as to RetailMeNot, Inc.. (bw) (Entered: 04/29/2020)

Pro Hac Vice Letter to Indranil Mukerji and Stephen Marshall. (lad) (Entered: 04/29/2020)

Pro Hac Vice Letter to Katherine Reardon. (lad) (Entered: 04/29/2020)

MOTION to Appear Pro Hac Vice by David M. Hoffman on behalf of Stephen A. Marshall ( Filing fee $ 100 receipt number 0542-13511969) by on behalf of PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 04/29/2020)

MOTION to Appear Pro Hac Vice by David M. Hoffman on behalf of Katherine Reardon ( Filing fee $ 100 receipt number 0542-13512208) by on behalf of PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 04/29/2020)

SUMMONS Returned Executed by PayPal, Inc.. RetailMeNot, Inc. served on 4/29/2020, answer due 5/20/2020. (Hoffman, David) (Entered: 04/30/2020)

NOTICE of Attorney Appearance by Indranil Mukerji on behalf of PayPal, Inc.. Attorney Indranil Mukerji added to party PayPal, Inc.(pty:pla) (Mukerji, Indranil) (Entered: 05/06/2020)

NOTICE of Attorney Appearance by Barry K. Shelton on behalf of RetailMeNot, Inc.. Attorney Barry K. Shelton added to party RetailMeNot, Inc.(pty:dft) (Shelton, Barry) (Entered: 05/08/2020)

NOTICE of Attorney Appearance by Bradley Dalton Coburn on behalf of RetailMeNot, Inc.. Attorney Bradley Dalton Coburn added to party RetailMeNot, Inc.(pty:dft) (Coburn, Bradley) (Entered: 05/08/2020)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by RetailMeNot, Inc.. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 05/12/2020)

Reset Deadlines: RetailMeNot, Inc. answer due 6/19/2020. (am)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by RetailMeNot, Inc.. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 06/16/2020)

NOTICE of Readiness for Initial Case Management Conference by PayPal, Inc. (Hoffman, David) (Entered: 06/17/2020)

ORDER GOVERNING PROCEEDINGS PATENT CASE: Telephonic Rule 16 Case Management Conference set for 7/17/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 06/30/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Jeanne M. Heffernan ( Filing fee $ 100 receipt number 0542-13723522) by on behalf of RetailMeNot, Inc.. (Shelton, Barry) (Entered: 07/02/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Robert A. Appleby ( Filing fee $ 100 receipt number 0542-13723523) by on behalf of RetailMeNot, Inc.. (Shelton, Barry) (Entered: 07/02/2020)

MOTION to Appear Pro Hac Vice by Barry K. Shelton for Jon R. Carter ( Filing fee $ 100 receipt number 0542-13723525) by on behalf of RetailMeNot, Inc.. (Shelton, Barry) (Entered: 07/02/2020)

ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against PayPal, Inc. by RetailMeNot, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Shelton, Barry) (Entered: 07/03/2020)

Attorneys filing counterclaims which name additional Patents must prepare the attached form AO120 and e-file using the "Notice of Filing of Patent/Trademark Form" event. (lad) (Entered: 07/06/2020)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Shelton, Barry) (Entered: 07/06/2020)

ORDER Cancelling TELEPHONIC SCHEDULING CONFERENCE on Friday, July 17, 2020. Signed by Judge Alan D Albright. (lad) (Entered: 07/16/2020)

ANSWER to 22 Answer to Complaint, Counterclaim PayPal Answer to Counterclaims by PayPal, Inc..(Hoffman, David) (Entered: 07/24/2020)

STIPULATION TO TRANSFER VENUE TO AUSTIN DIVISION by RetailMeNot, Inc.. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 07/30/2020)

Proposed Scheduling Order Joint Motion for Entry of Scheduling Order by PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 07/31/2020)

ORDER re 27 Stipulation filed by RetailMeNot, Inc TRANSFERRING to theAustin Division but remain on the docket of United States District Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 08/03/2020)

Transfer Letter sent to all Counsel. (dl) (Entered: 08/03/2020)

Report on Patent/Trademark sent to U.S. Patent and Trademark Office along with copy of transfer order. (dl) (Entered: 08/03/2020)

Case transferred in from Waco Division Division on 08/03/2020 Case Number 6:20-cv-339., filed by PayPal, Inc..(dl)

Case Assigned to Judge Alan D. Albright. 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. (dl)

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

DEMAND for Trial by Jury by PayPal, Inc., RetailMeNot, Inc.. (dl)

Case Transferred In - Divisional Transfer

Remark (No Doc#)

To be Referred to AU Mag Judge

Jury Demand

SCHEDULING ORDER: Joinder of Parties due by 1/27/2021. Amended Pleadings due by 3/10/2021. Discovery due by 7/14/2021. Motions due by 10/6/2021. Signed by Judge Alan D Albright. (cj) (Entered: 08/04/2020)

Markman Hearing set for 12/16/2020 09:00 AM before Judge Alan D Albright. (cj)

Set/Reset Hearings

Opposed MOTION for Leave to File First Amended Complaint by PayPal, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Hoffman, David) (Entered: 08/14/2020)

NOTICE / ERRATA by PayPal, Inc. re 33 Opposed MOTION for Leave to File First Amended Complaint (Hoffman, David) (Entered: 08/20/2020)

Unopposed MOTION for Extension of Time to File Response/Reply as to 33 Opposed MOTION for Leave to File First Amended Complaint by RetailMeNot, Inc.. (Attachments: # 1 Proposed Order)(Shelton, Barry) (Entered: 08/21/2020)

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

Joint MOTION for Protective Order by PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 09/10/2020)

ORDER GRANTING 38 Motion for Protective Order Signed by Judge Alan D Albright. (cj) (Entered: 09/11/2020)

PAYPALS AMENDED COMPLAINT FOR PATENT INFRINGEMENT against RetailMeNot, Inc. amending, filed by PayPal, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Gary Newcomb)(cj) (Entered: 09/24/2020)

Order on Motion for Leave to File

ANSWER to 40 Amended Complaint with Jury Demand, Amended COUNTERCLAIM against PayPal, Inc. by RetailMeNot, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Shelton, Barry) (Entered: 10/08/2020)

ORDER: Markman Hearing, by Zoom, set for 12/15/2020 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (cj) (Entered: 10/13/2020)

Joint MOTION to Amend re 32 Scheduling Order by PayPal, Inc.. (Hoffman, David) (Entered: 10/14/2020)

Notice of Correction

Notice of Correction: Removed Text Order granting 43 to re-review Motion for any scheduling conflicts. (cj)

Order for Scheduling Recommendations/Proposed Sched Order

Order on Motion for Miscellaneous Relief

Order for Proposed Scheduling Order. Proposed Scheduling Order due by 10/23/2020. Signed by Judge Alan D Albright. (cj)

ANSWER to 41 Answer to Amended Complaint,, Counterclaim, PayPal Answer to Counterclaims to the Amended Complaint by PayPal, Inc..(Hoffman, David) (Entered: 10/22/2020)

Joint MOTION to Dismiss Joint Motion for Entry of an Order Reflecting Stipulation of Dismissal by PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 10/27/2020)

Joint MOTION to Dismiss Joint Motion for Entry of an Order Reflecting Stipulation of Dismissal by PayPal, Inc.. (Attachments: # 1 Proposed Order)(Hoffman, David) (Entered: 10/27/2020)

ORDER GRANTING 45 Motion to Dismiss Signed by Judge Alan D Albright. (cj) (Entered: 10/29/2020)

Report on Patent sent to U.S. Patent and Trademark Office, along with Order of Dismissal. (cj) (Entered: 10/29/2020)

Track Case Updates

RetailMeNot, Inc.

PayPal, Inc.