PerDiemCo LLC v. CalAmp Corp.
1:20-cv-01397
Overview
Case Number
1:20-cv-01397
Filing Date
2020-10-16
Status
Terminated
Termination Date
2023-04-19
Court
District Court, D. Delaware (ded)
Presiding Judge
Gregory B. Williams
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:1 Patent Infringement
Jury Demand
Plaintiff
Parties
Defendant
CalAmp Corp.
Represented By
6 Attorneys ListedSquire Patton Boggs (US) LLP
Tel: +1 (302) 757-9363
1529 Schwinn Street, Middletown, DE 19709
Barnes & Thornburg LLP
Tel: +1 (302) 300-3474
222 Delaware Avenue Suite 1200, Wilmington, DE 19801
Plaintiff
PerDiemCo LLC
Represented By
4 Attorneys ListedDevlin Law Firm LLC
Tel: +1 (302) 203-0078
Fax: +1 (302) 353-4251
1526 Gilpin Avenue, Wilmington, DE 19806
Devlin Law Firm LLC
Tel: +1 (302) 449-9010
Fax: +1 (302) 353-4251
1526 Gilpin Avenue, Wilmington, DE 19806
Court & Judges
Court
District Court, D. Delaware (ded)
Presiding Judge
Gregory B. Williams
Patents Involved
There is a single patent involved in this case.
| Application Number | Patent Number | External Links |
|---|---|---|
| - | US10819809 |
Docket Entries
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against CalAmp Corp. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3271238.) - filed by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit B, # 4 Exhibit B-1, # 5 Exhibit C, # 6 Exhibit C-1, # 7 Exhibit D, # 8 Exhibit D-1, # 9 Exhibit D-2, # 10 Exhibit E, # 11 Exhibit E-1, # 12 Exhibit F, # 13 Exhibit F-1, # 14 Exhibit G, # 15 Exhibit G-1, # 16 Exhibit H, # 17 Exhibit H-1, # 18 Civil Cover Sheet)(myr) (Entered: 10/16/2020)
2020-10-16
1
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 10/16/2020)
2020-10-16
1
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) See Attached. (myr) (Entered: 10/16/2020)
2020-10-16
1
Summonses Issued (please complete the top portion of the form and print out for use/service). (myr) (Entered: 10/16/2020)
2020-10-16
1
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by PerDiemCo LLC. (Devlin, Timothy) (Entered: 10/16/2020)
2020-10-16
1
SUMMONS Returned Executed by PerDiemCo LLC. CalAmp Corp. served on 10/19/2020, answer due 11/9/2020. (Devlin, Timothy) (Entered: 10/19/2020)
2020-10-19
1
Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (nms)
2020-10-21
1
No Actions
Case Assigned/Reassigned
2020-10-21
1
No Actions
STIPULATION TO EXTEND TIME to Answer Complaint to December 30, 2020 - filed by CalAmp Corp.. (Stover, Chad) (Entered: 11/03/2020)
2020-11-03
1
SO ORDERED, re 7 STIPULATION TO EXTEND TIME to Answer Complaint to December 30, 2020 filed by CalAmp Corp. Signed by Judge Leonard P. Stark on 11/3/20. (ntl)
2020-11-03
1
No Actions
SO ORDERED
2020-11-03
1
No Actions
ANSWER to 1 Complaint,, with Jury Demand by CalAmp Corp..(Stover, Chad) (Entered: 12/28/2020)
2020-12-28
1
MOTION for Pro Hac Vice Appearance of Attorney Patrick R. Delaney - filed by PerDiemCo LLC. (Devlin, Timothy) (Entered: 12/29/2020)
2020-12-29
1
SO ORDERED, re 9 MOTION for Pro Hac Vice Appearance of Attorney Patrick R. Delaney filed by PerDiemCo LLC. Signed by Judge Leonard P. Stark on 12/29/20. (ntl)
2020-12-29
1
No Actions
SO ORDERED
2020-12-29
1
No Actions
ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposal, including a proposal for the length and timing of trial, to the Court no later than September 23, 2021. The parties are to review the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, New Patent Procedures). ORDERED by Judge Leonard P. Stark on 9/9/21. Associated Cases: 1:20-cv-01397-LPS, 1:20-cv-01481-LPS (ntl) (Entered: 09/09/2021)
2021-09-09
1
Order
2021-09-09
1
No Actions
MOTION for Pro Hac Vice Appearance of Attorney Paul B. Hunt, Eric J. Beste and Joshua P. Larsen - filed by CalAmp Corp.. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice (Paul B. Hunt), # 2 Certification by Counsel to be Admitted Pro Hac Vice (Eric J. Beste), # 3 Certification by Counsel to be Admitted Pro Hac Vice (Joshua P. Larsen))(Stover, Chad) (Entered: 09/16/2021)
2021-09-16
1
SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Paul B. Hunt, Eric J. Beste and Joshua P. Larsen filed by CalAmp Corp. Signed by Judge Leonard P. Stark on 9/20/21. (ntl)
2021-09-20
1
No Actions
SO ORDERED
2021-09-20
1
No Actions
NOTICE OF SERVICE of (i) Defendant CalAmp Corp.'s First Set of Interrogatories to Plaintiff Perdiemco, LLC and (ii) Defendant CalAmp Corp.'s First Set of Requests for Production to Plaintiff Perdiemco, LLC filed by CalAmp Corp..(Stover, Chad) (Entered: 09/21/2021)
2021-09-21
1
Add Attorneys - PHV only
2021-09-21
1
No Actions
Pro Hac Vice Attorneys Joshua P. Larsen and Eric J. Beste for CalAmp Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs)
2021-09-21
1
No Actions
Joint PROPOSED ORDER - Stipulated [Proposed] Case Scheduling Order re (10 in 1:20-cv-01397-LPS, 19 in 1:20-cv-01481-LPS) Order,, by PerDiemCo LLC. (Devlin, Timothy) (Entered: 09/23/2021)
2021-09-23
1
NOTICE OF SERVICE of PerDiemCo LLCs First Set of Interrogatories (Nos. 1-13) to Defendant CalAmp Corp. and PerDiemCo LLCs First Set of Requests for Production (Nos. 1-80) to Defendant CalAmp Corp. filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 09/27/2021)
2021-09-27
1
NOTICE OF SERVICE of (1) PerDiemCo LLCs Objections and Responses to CalAmp Corp.s First Set of Interrogatories (Nos. 1-6); and (2) PerDiemCo LLCs Objections and Responses to CalAmp Corp.s First Set of Requests for Production (Nos. 1-18) filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 10/20/2021)
2021-10-20
1
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 12/6/2022. Status Report due by 7/14/2022. Dispositive Motions due by 4/12/2023. An Oral Argument is set for 6/6/2023 at 11:00 AM before Judge Leonard P. Stark. Joint Claim Construction Brief due by 8/19/2022. A Markman Hearing is set for 9/27/2022 at 01:00 PM before Judge Leonard P. Stark. Proposed Pretrial Order due by 9/1/2023. A Final Pretrial Conference is set for 9/8/2023 at 09:00 AM before Judge Leonard P. Stark. A 5-day Jury Trial is set for 9/18/2023 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 10/26/21. (ntl) (Entered: 10/27/2021)
2021-10-27
1
CASE REFERRED to Magistrate Judge Jennifer L. Hall for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
2021-10-27
1
No Actions
Case Referred to Mediation - Magistrate Judge only
2021-10-27
1
No Actions
NOTICE OF SERVICE of (i) Defendant CalAmp Corp.'s Objections and Responses to Plaintiff PerDiemCo LLC's First Set of Interrogatories and (ii) Defendant CalAmp Corp.'s Objections and Responses to Plaintiff PerDiemCo LLC's First Set of Requests for Production filed by CalAmp Corp..(Stover, Chad) (Entered: 10/28/2021)
2021-10-28
1
ORAL ORDER: If, during the pendency of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Hall, they should contact chambers by e-mail at Cailah_Garfinkel@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Hall regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. In addition, Judge Hall may in the future enter a sua sponte order setting an ADR teleconference. ORDERED by Judge Jennifer L. Hall on 10/28/2021. (ceg) (Entered: 10/28/2021)
2021-10-28
1
Oral Order
2021-10-28
1
No Actions
NOTICE of Service of Rule 26(a)(1) Initial Disclosures by PerDiemCo LLC (Devlin, Timothy) (Entered: 11/02/2021)
2021-11-02
1
NOTICE OF SERVICE of Identification of Accused Products and Asserted Patents filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 11/19/2021)
2021-11-19
1
PROPOSED ORDER Stipulated Protective Order by PerDiemCo LLC. (Devlin, Timothy) (Entered: 11/29/2021)
2021-11-29
1
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Initial Disclosures filed by CalAmp Corp..(Stover, Chad) (Entered: 11/30/2021)
2021-11-30
1
SO ORDERED, re (27 in 1:20-cv-01481-LPS) (21 in 1:20-cv-01397-LPS) Stipulated Protective Order filed by PerDiemCo LLC. Signed by Judge Leonard P. Stark on 12/2/21. Associated Cases: 1:20-cv-01397-LPS, 1:20-cv-01481-LPS (ntl)
2021-12-02
1
No Actions
SO ORDERED
2021-12-02
1
No Actions
NOTICE OF SERVICE of PerDiemCo LLCs 2nd Set of Requests for Production (Nos. 81-82) to Defendant CalAmp Corp. filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 01/10/2022)
2022-01-10
1
MOTION to Dismiss Based upon Under Rule 41(b) - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)(Stover, Chad) (Entered: 01/27/2022)
2022-01-27
1
OPENING BRIEF in Support re 24 MOTION to Dismiss Based upon Under Rule 41(b) filed by CalAmp Corp..Answering Brief/Response due date per Local Rules is 2/10/2022. (Stover, Chad) (Entered: 01/27/2022)
2022-01-27
1
DECLARATION re 25 Opening Brief in Support, 24 MOTION to Dismiss Based upon Under Rule 41(b) // Declaration of Joshua P. Larsen by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Stover, Chad) (Entered: 01/27/2022)
2022-01-27
1
NOTICE OF SERVICE of Disclosure of Initial Infringement Contentions filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 02/07/2022)
2022-02-07
1
[SEALED] ANSWERING BRIEF in Opposition re 24 MOTION to Dismiss Based upon Under Rule 41(b) filed by PerDiemCo LLC.Reply Brief due date per Local Rules is 2/17/2022. (Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
1
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
1
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
DECLARATION re 28 Answering Brief in Opposition by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y)(Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
2
[SEALED] EXHIBIT re 29 Declaration,, 28 Answering Brief in Opposition Exhibit Z by PerDiemCo LLC. (Devlin, Timothy) (Entered: 02/10/2022)
2022-02-10
1
REPLY BRIEF re 24 MOTION to Dismiss Based upon Under Rule 41(b) filed by CalAmp Corp.. (Stover, Chad) (Entered: 02/17/2022)
2022-02-17
1
MOTION for Pro Hac Vice Appearance of Attorney James D. Berquist and Donald L. Jackson - filed by PerDiemCo LLC. (Devlin, Timothy) (Entered: 02/24/2022)
2022-02-24
1
SO ORDERED, re 32 MOTION for Pro Hac Vice Appearance of Attorney James D. Berquist and Donald L. Jackson filed by PerDiemCo LLC. Signed by Judge Leonard P. Stark on 2/28/22. (ntl)
2022-02-28
1
No Actions
SO ORDERED
2022-02-28
1
No Actions
Pro Hac Vice Attorney James D. Berquist and Donald L. Jackson for PerDiemCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
2022-03-09
1
No Actions
Add Attorneys - PHV only
2022-03-09
1
No Actions
ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/23/2022. Associated Cases: 1:20-cv-01397-VAC, 1:20-cv-01481-VAC(etg) (Entered: 03/23/2022)
2022-03-23
1
VAC Notice, Consent, Non-Consent, Magistrate Referral (etg) (Entered: 03/23/2022)
2022-03-23
1
1 - Terminate Hearings AND Oral Order
2022-03-23
1
No Actions
Case Assigned (Vacant Judgeship 2022)
2022-03-23
1
No Actions
Oral Order AND 1 - Terminate Hearings
2022-03-23
1
No Actions
Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. Associated Cases: 1:20-cv-01397-LPS, 1:20-cv-01481-LPS(etg)
2022-03-23
1
No Actions
NOTICE of Appearance by Peter Akawie Mazur on behalf of PerDiemCo LLC (Mazur, Peter) (Entered: 03/24/2022)
2022-03-24
1
Joint MOTION to Amend/Correct 16 Scheduling Order,, - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)(Stover, Chad) (Entered: 03/24/2022)
2022-03-24
1
ORDER re (36 in 1:20-cv-01397-VAC) (38 in 1:20-cv-01481-VAC) Joint MOTION to Amend Scheduling Order -- Joint Claim Construction Brief due by 9/9/2022. Status Report due by 8/4/2022. Signed by Judge Colm F. Connolly on 3/28/22. Associated Cases: 1:20-cv-01397-VAC, 1:20-cv-01481-VAC (ntl) (Entered: 03/28/2022)
2022-03-28
1
Letter to U.S. District Court for the District of DE (Vacancy) from Peter A. Mazur regarding request for a discovery teleconference - re 16 Scheduling Order,,. (Mazur, Peter) (Entered: 03/28/2022)
2022-03-28
1
Letter to the Court from Chad S.C. Stover regarding request for discovery teleconference - re 38 Letter. (Stover, Chad) (Entered: 03/29/2022)
2022-03-29
1
VAC Magistrate Non-Consent completed by the parties filed by PerDiemCo LLC. (Devlin, Timothy) (Entered: 04/06/2022)
2022-04-06
1
ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/7/22. Associated Cases: 1:20-cv-01397-VAC, 1:20-cv-01481-VAC (ntl) (Entered: 04/07/2022)
2022-04-07
1
Order Referring Case to Magistrate Judge
2022-04-07
1
No Actions
CASE NO LONGER REFERRED to Magistrate Judge Hall for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (ceg)
2022-04-11
1
No Actions
Case No Longer Referred to Mediation - Magistrate Judge only
2022-04-11
1
No Actions
ORAL ORDER re D.I. 24 Motion: In accordance with the Court's April 7, 2022 Oral Order and paragraph 3(d) of Standing Order No. 2022-3, the pending motion to dismiss (D.I. 24) does not fall within the scope of the referral to the undersigned judicial officer. Therefore, the motion will be addressed following the assignment of an Article III Judge. Pursuant to paragraph 3(g) of Standing Order 2022-3, the pending motion shall not be grounds to prevent the case from progressing. Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih)
2022-04-12
1
No Actions
Oral Order
2022-04-12
1
No Actions
ORAL ORDER RE C.A. No. 20-1397 and C.A. No. 20-1481- IT IS HEREBY ORDERED that, in accordance with the oral order issued on April 7, 2022 (D.I. 41) and paragraph 3(d) of Standing Order No. 2022-3, all dates in the scheduling order issued on October 27, 2021 (D.I. 16 in 20-1397; D.I. 22 in 20-1481) shall remain in effect except for the following hearings; the Markman Hearing set for September 27, 2022 (D.I. 16 at paragraph 14) and Oral Argument on case dispositive and Daubert motions set for June 6, 2023 (D.I. 16 at paragraph 17 (c) ). IT IS FURTHER ORDERED that, in accordance with the Oral Order issued on April 7, 2022, and paragraph 3(a) of Standing Order No. 2022-3, the referral to the undersigned judicial officer is limited to: (1) adjudicating discovery and protective order disputes; (2) modifying a scheduling order; (3) reviewing stipulated orders and pro hac vice motions; and (4) reviewing requests for mediation by a Magistrate Judge in cases other than patent and securities cases. With respect to discovery disputes arising in this matter, the parties shall follow the Discovery Matters and Disputes procedure set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 4/12/2022. Associated Cases: 1:20-cv-01397-VAC-SRF, 1:20-cv-01481-VAC-SRF(lih)
2022-04-12
1
No Actions
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Initial Invalidity Contentions filed by CalAmp Corp..(Stover, Chad) (Entered: 04/14/2022)
2022-04-14
1
Joint MOTION for Teleconference to Resolve Discovery Dispute re 38 Letter, 39 Letter - filed by PerDiemCo LLC. (Mazur, Peter) (Entered: 04/26/2022)
2022-04-26
1
SO ORDERED- re 43 Joint MOTION for Teleconference to Resolve Discovery Dispute re 38 Letter, 39 Letter. A Telephone Conference is set for 5/18/2022 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiffs should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 5/17/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 5/12/2022, Responsive submission due by no later than 11:00 AM on 5/13/2022). Signed by Judge Sherry R. Fallon on 4/26/2022. (lih)
2022-04-26
1
No Actions
~Util - Set Hearings AND SO ORDERED
2022-04-26
1
No Actions
STIPULATION TO EXTEND TIME re: Claim Construction Issue Identification and Claim Construction Briefing to - filed by CalAmp Corp.. (Stover, Chad) (Entered: 04/28/2022)
2022-04-28
1
SO ORDERED- re 44 STIPULATION TO EXTEND TIME re: Claim Construction Issue Identification and Claim Construction Briefing. Set SCHEDULING ORDER deadlines: Claim Construction Opening Brief due by 7/6/2022., Claim Construction Answering Brief due by 8/12/2022., Claim Construction Reply Brief due by 8/26/2022., Claim Construction Surreply Brief due by 9/9/2022., Joint Claim Construction Brief due by 9/16/2022. (PLEASE REFER TO STIPULATION FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 4/28/2022. (lih)
2022-04-28
1
No Actions
Scheduling Order - Patent AND SO ORDERED
2022-04-28
1
No Actions
NOTICE OF SERVICE of PerDiemCo LLCs Identification of Claim Terms for Construction filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 05/06/2022)
2022-05-06
1
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Proposed Claim Constructions filed by CalAmp Corp..(Stover, Chad) (Entered: 05/06/2022)
2022-05-06
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mazur, Peter) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mazur, Peter) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
2
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mazur, Peter) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
2
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mazur, Peter) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
2
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Mazur, Peter) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
2
[SEALED] Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding discovery disputes. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Stover, Chad) Modified on 5/12/2022 (lih). (Entered: 05/12/2022)
2022-05-12
1
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding Discovery Disputes. (Stover, Chad) (Entered: 05/13/2022)
2022-05-13
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding responsive discovery dispute letter - re 48 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mazur, Peter) (Entered: 05/13/2022)
2022-05-13
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding responsive discovery dispute letter - re 48 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mazur, Peter) (Entered: 05/13/2022)
2022-05-13
2
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding responsive discovery dispute letter - re 48 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mazur, Peter) (Entered: 05/13/2022)
2022-05-13
2
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding responsive discovery dispute letter - re 48 Letter. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Mazur, Peter) (Entered: 05/13/2022)
2022-05-13
2
PROPOSED ORDER Striking Plaintiff's Infringement Contentions re 48 Letter by CalAmp Corp.. (Stover, Chad) (Entered: 05/13/2022)
2022-05-13
1
ORAL ORDER: Having reviewed the parties' discovery dispute letter submissions (D.I. 47 ; D.I. 48 ; D.I. 49 ; D.I. 50 ), IT IS HEREBY ORDERED that: (1) Plaintiff's request to compel the production of sales information for the accused products and services is GRANTED in accordance with Paragraph 7(b) of the scheduling order, which provides that sales figures for the accused products shall be produced along with the production of core technical documents. (D.I. 16 at ¶ 7(b)) Plaintiff's decision to defer pressing for sales figures at the time it sought core technical documents from the Defendant in November of 2021 did not eliminate the obligation to produce them. Defendant shall produce the requested sales information on or before June 1, 2022. (2) Plaintiff's request to compel the production of core technical documents is DENIED. Defendant represents that it has produced core technical documents, including operation manuals, product literature, schematics, specifications, system-level and device-level user guides, and configuration documents for end users and customers. (D.I. 49 at 2) Plaintiff has not identified specific deficiencies in the production. Plaintiff has not shown that source code should be categorized as a core technical document. Cf. Delaware Default Standard for Discovery of ESI, ¶ 4(b); Cirba Inc. v. VMWare, Inc., C.A. No. 19-742-LPS, 2021 WL 7209447, at *6 (D. Del. Dec. 14, 2021) (explaining that "whether source code must be produced as a core technical document is far from clear."). Furthermore, to the extent Plaintiff moves to compel production of source code in response to its Request for Production No. 4, (D.I. 47, Ex. A at 8), it is premature on this discovery record. However, the parties are directed to meet and confer on the issue of source code production on or before June 24, 2022. (3) Plaintiff's request to compel the production of an accused service sample is DENIED because Defendant has reasonably explained that such a "sample" account would not be functional, therefore, it is not feasible. However, on or before June 24, 2022, the parties are directed to meet and confer on feasible methods of inspection of Defendant's software. (4) Defendant's motion to strike Plaintiff's infringement contentions is GRANTED-IN-PART. The motion is GRANTED with respect to infringement contentions relating to U.S. Patent No. 10,819,809, which was not identified as an infringed patent in Plaintiff's complaint. The motion is DENIED in all other respects because "[s]triking a patentees infringement contentions is a severe sanction that should be used sparingly and only for good cause." Avago Techs., Inc. v. IPtronics Inc., 2015 WL 4647923, at *2 (N.D. Cal. Aug. 5, 2015). IT IS ORDERED that Plaintiff shall supplement its initial infringement contentions after the parties have met and conferred on the alleged deficiencies in those contentions, with supplemental contentions due no later than June 15, 2022. Defendant's motion to strike Plaintiff's identification of accused products is also DENIED because discovery on the additional 14 accused products is relevant and proportional to the needs of the case, and it would be premature to grant dispositive relief on this issue in the context of a discovery dispute. Defendant cites no authority suggesting that discovery must be limited only to accused products identified in the complaint, and authority from this district establishes that discovery need not be so limited. See Invensas Corp. v. Renesas Elecs. Corp., 287 F.R.D. 273, 281 (D. Del. 2012) (declining to impose a "bright-line proposition that, in all cases, a plaintiff cannot take discovery on products it has not accused of infringement."). (5) Defendant's alternative request to stay the case is DENIED. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for May 18, 2022 at 11:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 5/17/2022. (lih)
2022-05-17
1
No Actions
1 - Terminate Hearings AND Oral Order
2022-05-17
1
No Actions
REDACTED VERSION of 48 Letter by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stover, Chad) (Entered: 05/19/2022)
2022-05-19
1
REDACTED VERSION of 48 Letter by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stover, Chad) (Entered: 05/19/2022)
2022-05-19
2
REDACTED VERSION of 48 Letter by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stover, Chad) (Entered: 05/19/2022)
2022-05-19
2
CLAIM Construction Chart by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Mazur, Peter) (Entered: 05/26/2022)
2022-05-26
1
Partially Opposed MOTION to Amend/Correct 16 Scheduling Order - filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)(Mazur, Peter) Modified on 5/27/2022 (lih). (Entered: 05/27/2022)
2022-05-27
1
Partially Opposed MOTION to Amend/Correct 16 Scheduling Order - filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)(Mazur, Peter) Modified on 5/27/2022 (lih). (Entered: 05/27/2022)
2022-05-27
2
ORAL ORDER re D.I. 54 Motion to Amend/Correct Scheduling Order: Having reviewed Plaintiff's partially opposed motion to amend the provisions of the scheduling order governing briefing on claim construction (D.I. 54), IT IS HEREBY ORDERED that Plaintiff's motion is GRANTED-IN-PART. Plaintiff's motion is GRANTED to the extent that it seeks to exclude briefing of Defendant's indefiniteness challenges during the claim construction process. There is no requirement for the Court to decide indefiniteness during claim construction, and because the indefiniteness inquiry may involve underlying factual disputes, "resolution of indefiniteness as part of claim construction may be either impossible or inadvisable." Otsuka Pharm. Co., Ltd. v. Zenara Pharma Private Ltd., C.A. No. 19-1938-LPS, 2021 WL 3172017, at *3-4 (D. Del. July 27, 2021). To the extent that Plaintiff seeks reversal of the claim construction briefing order and/or modification of the briefing page limits, the motion is DENIED. Ordered by Judge Sherry R. Fallon on 6/7/2022. (lih)
2022-06-07
1
No Actions
Oral Order
2022-06-07
1
No Actions
NOTICE of Change of Address by Chad S.C. Stover (Stover, Chad) (Entered: 06/20/2022)
2022-06-20
1
MOTION FOR DISCOVERY CONFERENCE - filed by PerDiemCo LLC. (Mazur, Peter) (Entered: 06/22/2022)
2022-06-22
1
SO ORDERED- re 56 MOTION FOR DISCOVERY CONFERENCE. A Telephone Conference is set for 7/14/2022 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 7/13/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 7/11/2022, Responsive submission due by no later than 11:00 AM on 7/12/2022). Signed by Judge Sherry R. Fallon on 6/23/2022. (lih)
2022-06-23
1
No Actions
~Util - Set Hearings AND SO ORDERED
2022-06-23
1
No Actions
MOTION for Discovery Conference - filed by CalAmp Corp.. (Stover, Chad) Modified on 6/24/2022 (lih). (Entered: 06/24/2022)
2022-06-24
1
Letter in Opposition to 57 MOTION for Discovery Conference filed by PerDiemCo LLC. (Mazur, Peter) Modified on 6/27/2022 (lih). (Entered: 06/24/2022)
2022-06-24
1
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Second Set of Requests for Production filed by CalAmp Corp..(Stover, Chad) (Entered: 06/24/2022)
2022-06-24
1
ORAL ORDER- re 57 MOTION for Discovery Conference. The court shall hear this dispute during the discovery dispute teleconference currently set for July 14, 2022 at 2:00 p.m. Counsel is advised that that going forward, the parties shall list all disputes for both sides in the joint motion for discovery dispute teleconference. The purpose of the requirement is so the court can estimate the amount of time needed to resolve the disputes. In this instance, the court finds no reason why the additional dispute was omitted from D.I. 56 given that it was apparently discussed in the same meet and confer on June 15, 2022, as the issues raised in D.I. 56 . Ordered by Judge Sherry R. Fallon on 6/24/2022. (lih)
2022-06-24
1
No Actions
Oral Order
2022-06-24
1
No Actions
CORRECTING ENTRY: The text of D.I. 58 has been modified to link the filing to the appropriate filing. The automatic deadline set by CM/ECF due to the incorrect code being used during the time of filing has been terminated. (lih)
2022-06-27
1
No Actions
- CORRECTING ENTRY
2022-06-27
1
No Actions
~Util - Set Deadlines AND Oral Order
2022-06-27
1
No Actions
ORAL ORDER- re 58 Letter in Opposition to 57 MOTION for Discovery Conference. IT IS HEREBY ORDERED that defendant shall file a letter response, limited to no more than two pages, by no later than 12:00 p.m. on June 28, 2022. The court shall address this issue during the discovery dispute teleconference set for July 14, 2022 at 2:00 p.m. where both sides should be prepared to address the meet and confer process on this issue. Ordered by Judge Sherry R. Fallon on 6/27/2022. (lih)
2022-06-27
1
No Actions
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover re 58 Letter in Opposition to 57 MOTION for Discovery Conference. (Stover, Chad) Modified on 6/28/2022 (lih). (Entered: 06/28/2022)
2022-06-28
1
Oral Order
2022-06-28
1
No Actions
ORAL ORDER RE: D.I. 58 and D.I. 60 . IT IS HEREBY ORDERED that having reviewed the aforementioned submissions, the court's June 24, 2022 oral order stands. The parties shall brief the issue in accordance with the court's Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The moving submission is due by no later than 11:00 AM on 7/11/2022 and the responsive submission is due by no later than 11:00 AM on 7/12/2022. Both sides should also be prepared to address the meet and confer process concerning these disputes at the teleconference on July 14, 2022. Ordered by Judge Sherry R. Fallon on 6/28/2022. (lih)
2022-06-28
1
No Actions
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery disputes. (Mazur, Peter) Modified on 7/11/2022 (lih). (Entered: 07/11/2022)
2022-07-11
1
[SEALED] Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding discovery disputes. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Certificate of Service)(Stover, Chad) Modified on 7/11/2022 (lih). (Entered: 07/11/2022)
2022-07-11
1
DECLARATION re 61 Letter by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Mazur, Peter) (Entered: 07/11/2022)
2022-07-11
1
PROPOSED ORDER compelling production of documents and things, and an interrogatory response, from Defendant re 61 Letter by PerDiemCo LLC. (Mazur, Peter) (Entered: 07/11/2022)
2022-07-11
1
Deficiency re Courtesy Copies (SRF cases)
2022-07-11
1
No Actions
NOTICE: Per Magistrate Judge Fallon's discovery dispute procedures, which requires delivery of discovery dispute courtesy copies within one hour of filing, please submit to the Clerk's Office two copies of D.I. numbers 61, 63, and 64 in an envelope addressed to Judge Fallon's chambers. (lih)
2022-07-11
1
No Actions
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding discovery disputes - re 61 Letter. (Stover, Chad) (Entered: 07/12/2022)
2022-07-12
1
Letter to Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute - re 65 Letter. (Attachments: # 1 DECLARATION OF DONALD L. JACKSON)(Mazur, Peter) (Entered: 07/12/2022)
2022-07-12
1
Telephone Conference
2022-07-14
1
No Actions
Oral Order
2022-07-14
1
No Actions
ORAL ORDER: The transcript of the July 14, 2022 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the rulings made on the record: (1) Plaintiff's motion to compel the production of documents is GRANTED-IN-PART. On or before July 22, 2022, Defendant shall begin producing documents on a rolling basis consistent with its agreement to produce discovery for the following products: iOn Hours; CalAmp Telematics Cloud (CTC); FleetOutlook; GovOutlook; AssetOutlook; iOn (including iOn Vision and iOn Tags); SC iOn; and LenderOutlook. (D.I. 65 at 1-2) The balance of Plaintiff's motion to compel on the remaining accused products is denied without prejudice. (2) On or before July 28, 2022, Plaintiff shall serve supplemental infringement contentions sufficient to show how each of the products which are the subject of this discovery dispute allegedly practices each of the limitations of the asserted claims. See Invensas Corp. v. Renesas Elecs. Corp., 287 F.R.D. 273, 281-82 (D. Del. 2012). On or before August 4, 2022, the parties shall meet and confer on the sufficiency of Plaintiff's supplementation and any related discovery issues. (3) Defendant's motion to strike portions of Plaintiff's supplemental infringement contentions is DENIED. See Avago Techs., Inc. v. IPtronics Inc., 2015 WL 4647923, at *2 (N.D. Cal. Aug. 5, 2015). Ordered by Judge Sherry R. Fallon on 7/14/2022. (lih)
2022-07-14
1
No Actions
Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 7/14/2022. (lih)
2022-07-14
1
No Actions
REDACTED VERSION of 62 Letter, by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Stover, Chad) (Entered: 07/18/2022)
2022-07-18
1
MOTION for Pro Hac Vice Appearance of Attorney Adam M. Kaufmann - filed by CalAmp Corp.. (Attachments: # 1 Certification by Counsel to be Admitted Pro Hac Vice)(Stover, Chad) (Entered: 07/25/2022)
2022-07-25
1
SO ORDERED
2022-07-25
1
No Actions
SO ORDERED- re 68 MOTION for Pro Hac Vice Appearance of Attorney Adam M. Kaufmann. Signed by Judge Sherry R. Fallon on 7/25/2022. (lih)
2022-07-25
1
No Actions
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Objections to Plaintiff PreDiemCo LLC's Second Set of Interrogatories filed by CalAmp Corp..(Stover, Chad) (Entered: 07/26/2022)
2022-07-26
1
NOTICE OF SERVICE of PerDiemCo LLC's Objections and Responses to CalAmp Corp.'s Second Set of Requests for Production (Nos. 19-70) filed by PerDiemCo LLC.(Devlin, Timothy) (Entered: 07/26/2022)
2022-07-26
1
Joint MOTION for Extension of Time to Amend Certain Deadlines in the Scheduling Order - filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)(Devlin, Timothy) Modified on 7/28/2022 (lih). (Entered: 07/27/2022)
2022-07-27
1
Add Attorneys - PHV only
2022-07-27
1
No Actions
Pro Hac Vice Attorney Adam M. Kaufmann for CalAmp Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
2022-07-27
1
No Actions
~Util - Set Deadlines AND SO ORDERED
2022-07-28
1
No Actions
SO ORDERED- re 71 Joint MOTION for Extension of Time to Amend Certain Deadlines in the Scheduling Order. Set Deadlines: ( Status Letter regarding discovery due by 8/11/2022.) Signed by Judge Sherry R. Fallon on 7/28/2022. (lih)
2022-07-28
1
No Actions
STIPULATION TO EXTEND TIME for Defendant to raise objections with the Court re: Plaintiff's proposed experts to August 10, 2022 - filed by CalAmp Corp.. (Stover, Chad) (Entered: 08/04/2022)
2022-08-04
1
SO ORDERED
2022-08-05
1
No Actions
SO ORDERED- re 72 STIPULATION TO EXTEND TIME for Defendant to raise objections with the Court re: Plaintiff's proposed experts to August 10, 2022. Signed by Judge Sherry R. Fallon on 8/5/2022. (lih)
2022-08-05
1
No Actions
Joint MOTION for Extension of Time - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)(Stover, Chad) Modified on 8/8/2022 (lih). (Entered: 08/08/2022)
2022-08-08
1
~Util - Set Deadlines AND SO ORDERED
2022-08-09
1
No Actions
SO ORDERED- re 73 Joint MOTION for Extension of Time. Set Deadlines: Status Report due by 8/18/2022. (PLEASE REFER TO MOTION FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 8/9/2022. (lih)
2022-08-09
1
No Actions
Joint STIPULATION TO EXTEND TIME to file the Joint Interim Status Report to August 23, 2022 - filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)(Devlin, Timothy) (Entered: 08/18/2022)
2022-08-18
1
~Util - Set Deadlines AND SO ORDERED
2022-08-19
1
No Actions
SO ORDERED- re 74 Joint STIPULATION TO EXTEND TIME to file the Joint Interim Status Report to August 23, 2022. Set Deadlines: ( Status Report due by 8/23/2022.) Signed by Judge Sherry R. Fallon on 8/19/2022. (lih)
2022-08-19
1
No Actions
Joint MOTION for Extension of Time to Extend Certain Deadlines - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)(Stover, Chad) Modified on 8/24/2022 (lih). (Entered: 08/23/2022)
2022-08-23
1
SO ORDERED- re 75 Joint MOTION for Extension of Time to Extend Certain Deadlines. Set SCHEDULING ORDER deadlines: Status Report due by 8/26/2022., Claim Construction Reply Brief due by 9/2/2022., Claim Construction Surreply Brief due by 9/23/2022., Joint Claim Construction Brief due by 10/7/2022. Signed by Judge Sherry R. Fallon on 8/24/2022. (lih)
2022-08-24
1
No Actions
Scheduling Order - Patent AND SO ORDERED
2022-08-24
1
No Actions
NOTICE OF SERVICE of 1) Defendant CalAmp Corp.'s Third Set of Requests for Production to Plaintiff PerDiemCo, LLC and 2) Defendant CalAmp Corp.'s Second Set of Interrogatories to Plaintiff PerDiemCo, LLC filed by CalAmp Corp..(Stover, Chad) (Entered: 08/25/2022)
2022-08-25
1
STIPULATION TO EXTEND TIME TO FILE JOINT INTERIM STATUS REPORT to August 30, 2022 - filed by PerDiemCo LLC. (Devlin, Timothy) (Entered: 08/26/2022)
2022-08-26
1
SO ORDERED
2022-08-29
1
No Actions
SO ORDERED, re 77 STIPULATION TO EXTEND TIME TO FILE JOINT INTERIM STATUS REPORT to August 30, 2022 filed by PerDiemCo LLC. Signed by Judge Sherry R. Fallon on 8/29/2022. (Polito, Rebecca)
2022-08-29
1
No Actions
Joint STATUS REPORT by PerDiemCo LLC. (Mazur, Peter) (Entered: 08/30/2022)
2022-08-30
1
Case Assigned/Reassigned
2022-09-07
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Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg)
2022-09-07
1
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ORAL ORDER REFERRING CASE TO Magistrate Judge Sherry R. Fallon: IT IS HEREBY ORDERED that the above-captioned case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. §636(b) and any further Order of the Court. ORDERED by Judge Gregory B. Williams on 9/13/22. (ntl) (Entered: 09/13/2022)
2022-09-13
1
Order Referring Case to Magistrate Judge
2022-09-13
1
No Actions
MOTION FOR DISCOVERY CONFERENCE - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) (Entered: 09/14/2022)
2022-09-14
1
Deficiency re Courtesy Copies (SRF cases)
2022-09-14
1
No Actions
~Util - Set Deadlines AND Oral Order
2022-09-14
1
No Actions
REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. numbers 24, 25, 26, 28, 29, 30 and 31 in an envelope addressed to Judge Fallon's chambers. Counsel is advised to make sure that the D.I. number of each document is written in the upper right hand corner of each courtesy copy. (lih)
2022-09-14
1
No Actions
ORAL ORDER re D.I. 53 Joint Claim Construction Chart: IT IS ORDERED that the parties shall submit an amended joint claim construction chart on or before September 21, 2022 that identifies the remaining disputed terms. The amended claim construction chart shall account for the limitations on disputed terms imposed by Court's Oral Order dated June 7, 2022, which excluded briefing on indefiniteness challenges. The amended claim construction chart shall also include Plaintiff's articulation of the plain and ordinary meaning for each of the remaining terms where Plaintiff indicates no construction is necessary. Ordered by Judge Sherry R. Fallon on 9/14/2022. (lih)
2022-09-14
1
No Actions
~Util - Set Hearings AND SO ORDERED
2022-09-15
1
No Actions
SO ORDERED- re 80 MOTION FOR DISCOVERY CONFERENCE. A Telephone Conference is set for 10/25/2022 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 10/24/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 10/20/2022, Responsive submission due by no later than 11:00 AM on 10/21/2022). Signed by Judge Sherry R. Fallon on 9/15/2022. (lih)
2022-09-15
1
No Actions
CLAIM Construction Chart by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Mazur, Peter) (Entered: 09/21/2022)
2022-09-21
1
~Util - Set Hearings AND Oral Order
2022-09-26
1
No Actions
ORAL ORDER re D.I. 81 Claim Construction Chart: IT IS ORDERED that a Markman hearing is scheduled for January 10, 2023 at 10:00 a.m. in Courtroom 6C before the Hon. Sherry R. Fallon, and a decision on claim construction shall issue on or before February 10, 2023. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov by no later than 10:00 a.m. on January 3, 2023. Ordered by Judge Sherry R. Fallon on 9/26/2022. (lih)
2022-09-26
1
No Actions
Oral Order
2022-09-29
1
No Actions
ORAL ORDER re D.I. 75 Joint Motion for Extension of Time: IT IS ORDERED that, when the Joint Claim Construction Brief is filed on October 7, 2022, the parties shall simultaneously file motions requesting a hearing on claim construction which include the following: (1) a verification that briefing on claim construction is complete; (2) an estimate of how much time is requested for the hearing on January 10, 2023; and (3) a statement regarding whether any live expert witness testimony is anticipated. IT IS FURTHER ORDERED that any slide presentations the parties plan to use during the claim construction hearing should be emailed (in PDF format) to Rebecca_Polito@ded.uscourts.gov by no later than 10:00 a.m. on January 3, 2023. Ordered by Judge Sherry R. Fallon on 9/29/2022. (lih)
2022-09-29
1
No Actions
MOTION FOR DISCOVERY CONFERENCE - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) (Entered: 09/30/2022)
2022-09-30
1
ORAL ORDER re D.I. 82 : IT IS HEREBY ORDERED that the motion to raise an additional issue at the October 25, 2022, discovery dispute teleconference is GRANTED and the request to enlarge the page limits to six (6) pages per party is also GRANTED. The deadlines for the parties' submissions are the same as the original dates set forth in the 09/15/2022 oral order. In the submissions, the parties shall discuss the analysis in Leader Techs. Inc. v. Facebook Inc., No. 08-862-JJF-LPS, 2009 WL 3021168 (D. Del., Sept. 4, 2009), and whether Leader Techs. or its reasoning has been applied to a contention interrogatory directed to a defendant on non-infringement. Ordered by Judge Sherry R. Fallon on 10/4/2022. (lih)
2022-10-04
1
No Actions
Oral Order
2022-10-04
1
No Actions
NOTICE of filing the following Non-Paper material(s) in multi media format: technology tutorial on a USB drive in MP4 format. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Peter Akawie Mazur on behalf of PerDiemCo LLC (Mazur, Peter) (Entered: 10/07/2022)
2022-10-07
1
JOINT CLAIM CONSTRUCTION BRIEF filed by PerDiemCo LLC. (Mazur, Peter) (Entered: 10/07/2022)
2022-10-07
1
Joint APPENDIX re 84 Joint Claim Construction Brief by PerDiemCo LLC. (Mazur, Peter) (Entered: 10/07/2022)
2022-10-07
1
MOTION Requesting a Hearing on Claim Construction - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 10/11/2022 (lih). (Entered: 10/07/2022)
2022-10-07
1
MOTION for Hearing on Claim Construction - filed by CalAmp Corp.. Motions referred to Sherry R. Fallon.(Stover, Chad) Modified on 10/11/2022 (lih). (Entered: 10/07/2022)
2022-10-07
1
MULTI MEDIA DOCUMENT in the form of a USB drive in MP4 format. Filing related to 83 Notice of Filing Multi Media Materials. (Media on file in Clerk's Office). (lih) (Entered: 10/12/2022)
2022-10-12
1
Multi Media Document
2022-10-12
1
No Actions
Deficiency re Courtesy Copies (SRF cases)
2022-10-12
1
No Actions
NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. 87 and the multi media item referenced in D.I. 83 . (lih)
2022-10-12
1
No Actions
NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office another copy of D.I. # 88. (lih)
2022-10-12
1
No Actions
MOTION TO AMEND THE SCHEDULING ORDER - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) (Entered: 10/14/2022)
2022-10-14
1
1 - Terminate Deadlines AND ~Util - Set Briefing Schedule - open,ans,reply,surreply AND Oral Order
2022-10-17
1
No Actions
~Util - Set Briefing Schedule - open,ans,reply,surreply AND Oral Order AND 1 - Terminate Deadlines
2022-10-17
1
No Actions
~Util - Set Briefing Schedule - open,ans,reply,surreply AND 1 - Terminate Deadlines AND Oral Order
2022-10-17
1
No Actions
ORAL ORDER re D.I. 89 Motion to Amend the Scheduling Order: IT IS ORDERED that, on or before October 19, 2022, Defendant shall file a response to the pending motion to amend the scheduling order, limited to no more than four (4) pages. The Court may hear argument on the motion during the discovery dispute teleconference scheduled for October 25, 2022 at 2:00 p.m. or, alternatively, may choose to resolve the dispute on the papers prior to the telephone conference. Ordered by Judge Sherry R. Fallon on 10/17/2022. (lih)
2022-10-17
1
No Actions
ANSWERING BRIEF in Partial Opposition re 89 MOTION TO AMEND THE SCHEDULING ORDER filed by CalAmp Corp..Reply Brief due date per Local Rules is 10/26/2022. (Stover, Chad) Modified on 10/19/2022 (lih). (Entered: 10/19/2022)
2022-10-19
1
Letter to Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute - re 78 Status Report. (Attachments: # 1 Text of Proposed Order)(Mazur, Peter) (Entered: 10/20/2022)
2022-10-20
1
DECLARATION of Donald J. Jackson re 91 Letter by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 9, # 7 Exhibit 10)(Mazur, Peter) Modified on 10/20/2022 (lih). (Entered: 10/20/2022)
2022-10-20
1
[SEALED] EXHIBIT re 92 Declaration by PerDiemCo LLC. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8)(Mazur, Peter) (Entered: 10/20/2022)
2022-10-20
1
DECLARATION of William Nash re 91 Letter by PerDiemCo LLC. (Mazur, Peter) Modified on 10/20/2022 (lih). (Entered: 10/20/2022)
2022-10-20
1
NOTICE: Per Magistrate Judge Fallon's discovery dispute procedures, which requires delivery of discovery dispute courtesy copies within one hour of filing, please submit to the Clerk's Office two copies of D.I. numbers 91 through 94 . Counsel is advised to make sure that the D.I. number of each document is written in the upper right hand corner of each courtesy copy. (lih)
2022-10-20
1
No Actions
Deficiency re Courtesy Copies (SRF cases)
2022-10-20
1
No Actions
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding response to PerDiem's discovery dispute letter - re 91 Letter. (Stover, Chad) (Entered: 10/21/2022)
2022-10-21
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery issues. (Attachments: # 1 Text of Proposed Order)(Mazur, Peter) Modified on 10/21/2022 (lih). (Entered: 10/21/2022)
2022-10-21
1
DECLARATION of Donald L. Jackson re 96 Letter by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 9, # 7 Exhibit 10)(Mazur, Peter) Modified on 10/21/2022 (lih). (Entered: 10/21/2022)
2022-10-21
1
[SEALED] EXHIBIT re 97 Declaration by PerDiemCo LLC. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8)(Mazur, Peter) (Entered: 10/21/2022)
2022-10-21
1
REPLY BRIEF re 89 MOTION TO AMEND THE SCHEDULING ORDER filed by PerDiemCo LLC. (Mazur, Peter) (Entered: 10/21/2022)
2022-10-21
1
Oral Order
2022-10-21
1
No Actions
ORAL ORDER re D.I. 93 Exhibit: IT IS ORDERED THAT, on or before 2:00 p.m. on October 21, 2022, Plaintiff shall file a revised version of its moving submission which includes no more than 200 pages of exhibits. The Court cannot reasonably review the approximately 8,900 pages of exhibits associated with Plaintiff's moving submission prior to the discovery dispute teleconference scheduled for October 25, 2022. (D.I. 92, D.I. 93) Plaintiff is not required to submit courtesy copies of the revised discovery dispute submission. Ordered by Judge Sherry R. Fallon on 10/21/2022. (lih)
2022-10-21
1
No Actions
MEMORANDUM ORDER- re 89 MOTION TO AMEND THE SCHEDULING ORDER. Signed by Judge Sherry R. Fallon on 10/25/2022. (lih)
2022-10-25
1
NOTICE of Appearance by Ryan P. Cox on behalf of CalAmp Corp. (Cox, Ryan) (Entered: 10/25/2022)
2022-10-25
1
Oral Order
2022-10-25
1
No Actions
Telephone Conference
2022-10-25
1
No Actions
ORAL ORDER re D.I. 95 Letter, D.I. 96 Letter: The transcript of the October 25, 2022 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the rulings made on the record, IT IS ORDERED that: (1) Plaintiff's motion to compel a supplemental response to Interrogatory No. 4 is DENIED without prejudice. Defendant represents that a further production was made prior to the letter briefing on this dispute, and the parties have not yet met and conferred on the sufficiency of that production or the relevance of cost and profit information. (2) Plaintiff's motion to compel a supplemental document production on the accused products and services is DENIED without prejudice because Defendant represents that it has produced documents in compliance with the Court's Oral Order on July 14, 2022, and Plaintiff has not made a specific showing of Defendant's non-compliance on this record. (3) Plaintiff's motion to compel a supplemental response to Interrogatory No. 2 has been withdrawn. (4) Plaintiff's motion to compel supplemental responses to Interrogatory Nos. 14 and 15 is DENIED without prejudice because Plaintiff has not shown how the identity of Defendant's customers is relevant to Plaintiff's infringement claims. (5) The parties are to meet and confer by October 28, 2022 on the issue of source code review utilities. (6) Plaintiff's motion to compel Defendant to supplement its response to Interrogatory No. 10 is GRANTED in accordance with Defendant's representations that it would supplement its response. (D.I. 97, Ex. 10 at 1-2) Because claim construction is fully briefed and infringement contentions have been served, compelling a response to a contention interrogatory on non-infringement is not premature. See SpeedTrack, Inc. v. Amazon.com, Inc., 2019 WL 1433728, at *2 (N.D. Cal. Apr. 1, 2019); Facedouble, Inc. v. Face.com, Inc., 2014 WL 585868, at *2 (S.D. Cal. Feb. 13, 2014); Fellowes, Inc. v. Aurora Corp. of Am., 2009 WL 1097063, at *2 (N.D. Ill. Apr. 1, 2009). Defendant shall supplement its response to Interrogatory No. 10 on or before November 8, 2022. IT IS FURTHER ORDERED that, within 14 days of this ruling, the parties shall provide the Court with a transcript of these proceeding for review and posting on the public docket. Should any portion of the transcript require redaction, the parties shall file a motion for redaction of confidential information from the transcript. Ordered by Judge Sherry R. Fallon on 10/25/2022. (lih)
2022-10-25
1
No Actions
Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 10/25/2022. (Court Reporter Susan Migatz (Veritext).) (lih)
2022-10-25
1
No Actions
REPORT AND RECOMMENDATIONS re 24 MOTION to Dismiss Based upon Under Rule 41(b) filed by CalAmp Corp. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than five (5) pages) and the Response to the Objections (no longer than five (5) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 11/14/2022. Signed by Judge Sherry R. Fallon on 10/28/2022.This order has been emailed to local counsel. (Polito, Rebecca)
2022-10-28
1
REDACTED VERSION of 98 Exhibit to a Document by PerDiemCo LLC. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8)(Mazur, Peter) (Entered: 10/31/2022)
2022-10-31
1
Joint PROPOSED Amended Scheduling Order by PerDiemCo LLC. (Mazur, Peter) Modified on 11/1/2022 (lih). (Entered: 10/31/2022)
2022-10-31
1
Deficiency re Redacted Documents
2022-10-31
1
No Actions
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # 98 . (lih)
2022-10-31
1
No Actions
SCHEDULING ORDER: Joinder of Parties due by 11/25/2022. Amended Pleadings due by 11/25/2022. Discovery due by 3/17/2023. Opening Expert Reports due by 4/10/2023. Rebuttal Expert Reports due by 5/22/2023. Dispositive Motions due by 8/11/2023. A Markman Hearing is set for 1/10/2023 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. Proposed Pretrial Order due by 12/14/2023. A Pretrial Conference is set for 12/21/2023 at 10:00 AM in Courtroom 6B before Judge Gregory B. Williams. A 5-day Jury Trial is set to begin on 1/8/2024 at 09:30 AM in Courtroom 6B before Judge Gregory B. Williams. (PLEASE REFER TO ORDER FOR FURTHER DETAILS.) Signed by Judge Sherry R. Fallon on 11/1/2022. (lih) (Entered: 11/01/2022)
2022-11-01
1
Oral Order
2022-11-07
1
No Actions
ORAL ORDER- re 102 Sealed Report and Recommendation. The time for compliance with the court's deadline for submission of proposed redactions to D.I. 102, filed under seal, having expired on 11/4/2022, without a request for an extension for good cause, IT IS HEREBY ORDERED that D.I. 102 will be unsealed for viewing on the public docket on 11/14/2022. Ordered by Judge Sherry R. Fallon on 11/7/2022. (lih)
2022-11-07
1
No Actions
Official Transcript of Discovery Dispute Teleconference held on October 25, 2022 before Judge Judge Sherry R. Fallon. Court Reporter/Transcriber VERITEXT LEGAL SOLUTIONS,Email: www.veritext.com/myveritext. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/29/2022. Redacted Transcript Deadline set for 12/9/2022. Release of Transcript Restriction set for 2/6/2023. (lih) (Entered: 11/08/2022)
2022-11-08
1
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Objections and Supplemental Response to Plaintiff PerDiemCo LLC's Interrogatory No. 10 filed by CalAmp Corp..(Stover, Chad) (Entered: 11/11/2022)
2022-11-11
1
Remark
2022-11-15
1
No Actions
Remark: D.I. 102 has been unsealed. (lih)
2022-11-15
1
No Actions
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding procedure guidance. (Mazur, Peter) (Entered: 11/21/2022)
2022-11-21
1
ORAL ORDER re D.I. 108 Letter: The parties are directed to the Court's website at https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon, Discovery Matters-Procedures-Revised 10/21/2022, which sets forth the Court's procedures regarding when and how to request a discovery dispute or file a motion under Fed. R. Civ. P. 37. Ordered by Judge Sherry R. Fallon on 11/22/2022. (lih) (Entered: 11/22/2022)
2022-11-22
1
Oral Order
2022-11-22
1
No Actions
ORAL ORDER re D.I. 86 ; D.I. 87 Motions for Hearing on Claim Construction: IT IS ORDERED that, no later than January 5, 2023, the parties shall provide an audio-only dial-in number via a joint email to Larisha_Hicks@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public and/or client representatives may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov no less than 24 hours before the Markman Hearing on January 10, 2023, at 10:00 a.m. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Ordered by Judge Sherry R. Fallon on 11/30/2022. (lih) (Entered: 11/30/2022)
2022-11-30
1
Order AND Oral Order
2022-11-30
1
No Actions
MOTION FOR DISCOVERY CONFERENCE - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) (Entered: 12/01/2022)
2022-12-01
1
SO ORDERED- re 111 MOTION FOR DISCOVERY CONFERENCE. A Discovery Motion Hearing is set for 12/8/2022 at 11:00 AM Telephonically before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 12/7/2022 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 12/5/2022, Responsive submission due by no later than 11:00 AM on 12/6/2022). Signed by Judge Sherry R. Fallon on 12/2/2022. (lih) (Entered: 12/02/2022)
2022-12-02
1
~Util - Set Hearings AND Order
2022-12-02
1
No Actions
Letter to Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Mazur, Peter) (Entered: 12/05/2022)
2022-12-05
1
NOTICE of Appearance by William J. Burton on behalf of CalAmp Corp. (Burton, William) (Entered: 12/06/2022)
2022-12-06
1
Letter to Honorable Sherry R. Fallon from William J. Burton regarding discovery dispute. (Burton, William) (Entered: 12/06/2022)
2022-12-06
1
ORAL ORDER re D.I. 111 Motion for Discovery Conference: Having reviewed the parties' discovery dispute letter submissions (D.I. 113; D.I. 115), IT IS ORDERED that Plaintiff's request for relief is DENIED. A review of Defendant's supplemental response to Interrogatory No. 10 establishes that Defendant has adequately articulated its non-infringement position by identifying claim elements that are not met by the evidence or arguments presented in Plaintiff's infringement contentions. (See, e.g., D.I. 113, Ex. 1 at 7; Exs. 2-9) This satisfies the standard set forth in Integra LifeSciences Corp. v. HyperBranch Tech. Inc., which required the defendant to respond to a non-infringement contention interrogatory "by identifying the limitation(s) allegedly not present in the Accused Products on a claim-by-claim basis." 223 F. Supp. 3d 202, 206 (D. Del. 2016). Defendant does not bear the burden to disprove infringement, and its supplemental response specifically identifying how Plaintiff failed to meet its burden on infringement is sufficient to show how and why Defendant believes the accused products do not infringe. See Welker Bearing Co. v. PHD, Inc., 550 F.3d 1090, 1095 (Fed. Cir. 2008) (emphasizing that the patentee bears the burden to prove infringement). The remaining cases relied upon by Plaintiff are distinguishable to the extent that they rely on the local rules of courts outside this district and/or they address situations where a defendant offers only a recitation of claim elements with a conclusory denial. See, e.g., In Agri-Labs Holdings, LLC v. TapLogic, LLC, 2015 WL 4612059, at *2 (N.D. Ind. July 31, 2015); Finjan, Inc. v. ESET, LLC, 2018 WL 1456923, at *4 (S.D. Cal. Mar. 23, 2018) (requiring supplementation articulating the "how" and "why" of defendant's noninfringement position "to the extent that [the plaintiff] has in fact shown how that element is met."). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for December 8, 2022 at 11:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 12/7/2022. (lih) (Entered: 12/07/2022)
2022-12-07
1
Order AND 1 - Terminate Hearings AND Oral Order
2022-12-07
1
No Actions
1 - Terminate Hearings AND Order AND Oral Order
2022-12-07
1
No Actions
1 - Terminate Hearings AND Oral Order AND Order
2022-12-07
1
No Actions
MEMORANDUM ORDER re 102 REPORT AND RECOMMENDATION is ADOPTED and 24 MOTION to Dismiss filed by CalAmp Corp. is DENIED. Signed by Judge Gregory B. Williams on 12/12/22. (ntl) (Entered: 12/12/2022)
2022-12-12
1
OBJECTIONS to 116 Discovery Oral Order filed by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Mazur, Peter) Modified on 12/19/2022 (ntl). (Entered: 12/16/2022)
2022-12-16
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding Copies of filings associated with Plaintiff's Objections to Magistrate's Order - re 118 Response to Order,. (Mazur, Peter) (Entered: 12/19/2022)
2022-12-19
1
Consent MOTION for Extension of Time to File Response/Reply as to 118 Response to Order, - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Burton, William) (Entered: 12/21/2022)
2022-12-21
1
ORDER re 120 MOTION for Extension of Time to File Response to 118 Objections filed by CalAmp Corp. Signed by Judge Gregory B. Williams on 12/22/22. (ntl) (Entered: 12/22/2022)
2022-12-22
1
NOTICE OF SERVICE of Defendant CalAmp's Objections and Second Supplemental Response to Plaintiff PerDiemCo LLC's Interrogatory No. 4 filed by CalAmp Corp..(Stover, Chad) (Entered: 12/27/2022)
2022-12-27
1
ORAL ORDER re D.I. 86 ; D.I. 87 Motions Requesting a Hearing on Claim Construction and D.I. 110 Oral Order: IT IS ORDERED that each side shall have a total of one hour to present arguments on claim construction during the Markman hearing on January 10, 2023. IT IS FURTHER ORDERED that, on or before 10:00 a.m. on January 9, 2023, counsel for the parties shall submit to the Court a list identifying those individuals who intend to listen to the hearing on the audio-only line. The lists may be emailed to Rebecca_Polito@ded.uscourts.gov, and opposing counsel shall be copied on the email. Ordered by Judge Sherry R. Fallon on 1/3/2023. (lih) (Entered: 01/03/2023)
2023-01-03
1
~Util - Set Deadlines AND Oral Order
2023-01-03
1
No Actions
RESPONSE TO OBJECTIONS by CalAmp Corp. re 118 Response to Order, . (Stover, Chad) (Entered: 01/06/2023)
2023-01-06
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding Courts Standing Order for Objections Filed under Fed. R. Civ. P. 72. (Mazur, Peter) (Entered: 01/09/2023)
2023-01-09
1
Minute Entry for proceedings held before Judge Sherry R. Fallon - Markman Hearing held on 1/10/2023. (Court Reporter John Donnelly (Veritext).) (lih)
2023-01-10
1
No Actions
Markman Hearing
2023-01-10
1
No Actions
MOTION for Leave to File a Reply re 124 RESPONSE TO OBJECTIONS - filed by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 1/12/2023 (lih). (Entered: 01/11/2023)
2023-01-11
1
ORAL ORDER- GRANTING 126 MOTION for Leave to File a Reply re 124 RESPONSE TO OBJECTIONS. Defendant may file a sur-reply, limited to no more than three pages, on or before January 13, 2023. No further submissions on the pending objections (D.I. 118) are permitted absent leave of the court for good cause shown. Ordered by Judge Sherry R. Fallon on 1/12/2023. (lih) (Entered: 01/12/2023)
2023-01-12
1
REPLY in support of 118 OBJECTIONS to 116 Oral Order filed by PerDiemCo LLC. (lih) (Entered: 01/12/2023)
2023-01-12
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding enclosure of filings related to Plaintiff's Objections - re 118 Response to Order,. (Mazur, Peter) (Entered: 01/12/2023)
2023-01-12
1
REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. # 126 . (lih)
2023-01-12
1
No Actions
Set Deadline: Sur-reply due by 1/13/2023 per 1/12/2023 oral order. (lih)
2023-01-12
1
No Actions
Oral Order
2023-01-12
1
No Actions
Set Briefing Schedule - open,ans,reply,surreply
2023-01-12
1
No Actions
Deficiency re Courtesy Copies (SRF cases)
2023-01-12
1
No Actions
SUR-REPLY BRIEF re 102 REPORT AND RECOMMENDATIONS re 24 MOTION to Dismiss Based upon Under Rule 41(b) filed by CalAmp Corp.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no l // Sur-Reply Regarding Plaintiff Perdiemco LLC's Objections to Magistrate's Order filed by CalAmp Corp.. (Stover, Chad) (Entered: 01/13/2023)
2023-01-13
1
MOTION for Teleconference to Resolve Disputes - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 1/17/2023 (lih). (Entered: 01/13/2023)
2023-01-13
1
SO ORDERED- re 131 MOTION for Teleconference to Resolve Disputes. A Discovery Motion Hearing is set for 2/1/2023 at 02:30 PM Telephonically before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 1/31/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 1/26/2023, Responsive submission due by no later than 2:00 PM on 1/27/2023). Signed by Judge Sherry R. Fallon on 1/17/2023. (lih) (Entered: 01/17/2023)
2023-01-17
1
~Util - Set Hearings AND Oral Order AND SO ORDERED
2023-01-17
1
No Actions
Oral Order AND ~Util - Set Hearings AND SO ORDERED
2023-01-17
1
No Actions
~Util - Set Hearings AND SO ORDERED AND Oral Order
2023-01-17
1
No Actions
NOTICE OF SERVICE of 1) Defendant CalAmp's Objections and Responses to Plaintiff PerDiemCo LLC's Third Set of Requests for Production and 2) Defendant CalAmp Corp.'s Objections to Plaintiff PerDiemCo LLC's Third Set of Interrogatories filed by CalAmp Corp..(Stover, Chad) (Entered: 01/18/2023)
2023-01-18
1
Official Transcript of Markman Hearing held on 1/10/2023 before Judge Sherry R. Fallon. Court Reporter/Transcriber Veritext Legal Solutions. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER Redaction Request due 2/9/2023. Redacted Transcript Deadline set for 2/21/2023. Release of Transcript Restriction set for 4/19/2023. (apk) (Entered: 01/19/2023)
2023-01-19
1
Letter to The Honorable Sherry R. Fallon from Peter A. Mazur regarding Discovery Dispute. (Mazur, Peter) (Entered: 01/26/2023)
2023-01-26
1
DECLARATION re 135 Letter by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Mazur, Peter) Modified on 1/26/2023 (lih). (Entered: 01/26/2023)
2023-01-26
1
DECLARATION re 135 Letter by PerDiemCo LLC. (Mazur, Peter) Modified on 1/26/2023 (lih). (Entered: 01/26/2023)
2023-01-26
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding Courts Standing Order for Objections Filed under Fed. R. Civ. P. 72 and D. Del. LR 72(b). (Attachments: # 1 Defendant CalAmp Corp.s Sur-Reply Regarding Plaintiff PerDiemCo LLCs Objections to Magistrates Order (D.I. 130))(Mazur, Peter) (Entered: 01/26/2023)
2023-01-26
1
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding discovery disputes. (Attachments: # 1 Exhibit N)(Stover, Chad) (Entered: 01/27/2023)
2023-01-27
1
ORAL ORDER re D.I. 135 Letter; D.I. 139 Letter: The Court having reviewed the parties' discovery dispute letter submissions and associated filings (D.I. 135; D.I. 136; D.I. 137; D.I. 139), IT IS ORDERED that: (1) Plaintiff's motion to compel Defendant to supplement its response to Interrogatory No. 4 is GRANTED-IN-PART. On or before February 3, 2023, Defendant shall serve a supplemental verified response to Interrogatory No. 4 to confirm the representations made in Defendant's letter brief. Regarding the issue of "units tracked," Plaintiff cites to a statement by Defendant's CEO in an Earnings Call and another figure of unknown origin to support its argument that Defendant has not made a complete disclosure of "units tracked" information across all eight Accused Instrumentalities and devices tracked by CTC. (D.I. 135 at 2; D.I. 136, Ex. B at 3) Defendant responds that its CEO's reference to the number of software and subscription services subscribers includes many services that are not accused of infringement, and the representation is therefore not inconsistent with Defendant's discovery disclosures for the Accused Instrumentalities. (D.I. 139 at 2) Furthermore, Defendant represents that not every device connected to the CTC is "tracked" as required by the claims, and may instead only be registered for device management. (Id.) Defendant's verified supplemental response to Interrogatory No. 4 shall clarify these points by confirming that all information regarding the number of units tracked for each of the eight Accused Instrumentalities was produced in the existing production, and additional information regarding the CTC platform is not relevant because it pertains to devices that are not tracked devices. (D.I. 139 at 1-2, Ex. N at 2) With respect to "profitability," Defendant has produced revenue and cost data for the Accused Instrumentalities from which Plaintiff may calculate profits, and Defendant maintains that it does not track financial information on a product-by-product basis. (D.I. 139 at 2) Without providing any legal authority, Plaintiff argues that Defendant should be bound by its public disclosures on all software and subscription services or compelled to disclose the "gross profit realized." (D.I. 135 at 3) Plaintiff's request for relief on "profitability" is denied as unsupported, particularly when it is not disputed that Plaintiff is in possession of data from which it can perform its own calculation. (D.I. 139, Ex. N at 2-3) Finally, Defendant's supplemental response to Interrogatory No. 4 shall either confirm that the requested collateral hardware sales information on the five devices identified in ¶ 8 of the Declaration of James Berquist was included in Defendant's existing production to Plaintiff, or alternatively confirm that the five devices identified in the same declaration are not used with the Accused Instrumentalities. (D.I. 136 at ¶ 8; Ex. I at 2) The motion to compel supplementation of Interrogatory No. 4 is DENIED without prejudice in all other respects. (2) Plaintiff's motion to compel supplemental responses to Request for Production Nos. 18, 19, 32, and 33 is GRANTED-IN-PART. On or before February 3, 2023, Defendant shall supplement its responses to these requests to confirm that, after a reasonable search, no business plans, product forecasts, market analyses or studies, or pricing analyses specific to the Accused Instrumentalities were located. (D.I. 136, Ex. I at 3; D.I. 139 at 4) Plaintiff's motion is DENIED in all other respects because it has not shown how the requested information regarding plans, forecasts, and projections is proportional to the needs of the case under Fed. R. Civ. P. 26 when complete sales, cost, margin, and revenue data has already been produced. (D.I. 93, Exs. 6, 8; D.I. 139 at 1; Ex. N at 3-4) (3) Plaintiff's motion to compel Defendant to produce a 30(b)(6) witness to testify regarding Topic 1 is DENIED without prejudice. Topic 1, which seeks testimony on "[t]he structure, function, and operation of the Accused Instrumentalities and the interoperation, integration, and/or interface between and among the Accused Instrumentalities," is overbroad and does not "describe with reasonable particularity the matters for examination" as required under Fed. R. Civ. P. 30(b)(6). (D.I. 136, Ex. K at 8) Plaintiff's proposal for narrowing Topic 1 does not meaningfully narrow the scope of the requested testimony in a manner that would enable a witness to adequately prepare for the deposition. (Id., Exs. L-M); see Callwave Commcns LLC v. AT&T Mobility LLC, C.A. No. 12-1701-RGA et al., 2015 WL 4039813, at *1 (D. Del. Jun. 29, 2015) (denying request to compel 30(b)(6) testimony on an overbroad topic requiring the witness "to testify on the structure and function operation of the source code."). IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for February 1, 2023 at 2:30 p.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 1/31/2023. (lih) (Entered: 01/31/2023)
2023-01-31
1
1 - Terminate Hearings AND Oral Order
2023-01-31
1
No Actions
Consent MOTION for Extension of Time to Serve Verified Discovery Responses - filed by CalAmp Corp.. (Attachments: # 1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Stover, Chad) Modified on 2/2/2023 (lih). (Entered: 02/02/2023)
2023-02-02
1
SO ORDERED
2023-02-02
1
No Actions
SO ORDERED- re 141 Consent MOTION for Extension of Time to Serve Verified Discovery Responses. Signed by Judge Sherry R. Fallon on 2/2/2023. (lih)
2023-02-02
1
No Actions
NOTICE OF SERVICE of 1) Defendant CalAmp's Objections and Third Supplemental Responses to Plaintiff PerDiemCo LLC's Interrogatory No. 4 and 2) Defendant CalAmp Corp.'s Objections and Supplemental Responses to Plaintiff PerDiemCo LLC's Requests for Production Nos. 18, 19, 32 and 33 filed by CalAmp Corp..(Stover, Chad) (Entered: 02/07/2023)
2023-02-07
1
REPORT AND RECOMMENDATION REGARDING CLAIM CONSTRUCTION. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 2/24/2023. Signed by Judge Sherry R. Fallon on 2/10/2023. (lih)
2023-02-10
1
OBJECTIONS to 140 Oral Order by PerDiemCo LLC . (Mazur, Peter) Modified on 2/15/2023 (lih). (Entered: 02/14/2023)
2023-02-14
1
MOTION to Amend Scheduling Order - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 2/16/2023 (lih). (Entered: 02/16/2023)
2023-02-16
1
[SEALED] OPENING BRIEF in Support re 145 MOTION to Amend Scheduling Order filed by PerDiemCo LLC.Answering Brief/Response due date per Local Rules is 3/2/2023. (Mazur, Peter) Modified on 2/16/2023 (lih). (Entered: 02/16/2023)
2023-02-16
1
[SEALED] DECLARATION re 146 Opening Brief in Support by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Mazur, Peter) Modified on 2/16/2023 (lih). (Entered: 02/16/2023)
2023-02-16
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding 144 Objections. (Mazur, Peter) Modified on 2/17/2023 (lih). (Entered: 02/17/2023)
2023-02-17
1
MOTION for Extension of Time to Serve Final Infringement Contentions and Identification of Accused Instrumentalities- filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 2/17/2023 (lih). (Entered: 02/17/2023)
2023-02-17
1
RESPONSE to Motion re 149 MOTION for Extension of Time to Serve Final Infringement Contentions and Identification of Accused Instrumentalities filed by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burton, William) Modified on 2/17/2023 (lih). (Entered: 02/17/2023)
2023-02-17
1
ORAL ORDER re 149 MOTION for Extension of Time to Serve Final Infringement Contentions and Identification of Accused Instrumentalities. IT IS ORDERED that the motion for extension of time is DENIED. Plaintiff lacks a reasonable basis for requesting the extension. The limited explanation for the requested extension is not persuasive as it was filed on the very date the contentions are due. Any objections and responses thereto under Fed. R. Civ. P. 72(a) are limited to one (1) page. Signed by Judge Sherry R. Fallon on 2/17/2023. (Polito, Rebecca) (Entered: 02/17/2023)
2023-02-17
1
CORRECTING ENTRY: D.I. 150 has been replaced with a revised version of the document to correct the case caption. (lih)
2023-02-17
1
No Actions
- CORRECTING ENTRY
2023-02-17
1
No Actions
Oral Order
2023-02-17
1
No Actions
NOTICE OF SERVICE of (1) Plaintiff's Final Infringement Contentions; and (2) Plaintiff PerDiemCo LLC's Final Identification of Accused Products and Asserted Patents to Defendant CalAmp Corp. filed by PerDiemCo LLC.(Mazur, Peter) (Entered: 02/21/2023)
2023-02-21
1
NOTICE OF SERVICE of 1) Defendant CalAmp Corp.'s Objections and Responses to Plaintiff PerDiemCo LLC's Fourth Set of Requests for Production and 2) Defendant CalAmp Corp.'s Supplemental Initial Disclosures filed by CalAmp Corp..(Stover, Chad) (Entered: 02/21/2023)
2023-02-21
1
REDACTED VERSION of 146 Opening Brief in Support by PerDiemCo LLC. (Mazur, Peter) Modified on 2/23/2023 (lih). (Entered: 02/23/2023)
2023-02-23
1
REDACTED VERSION of 147 Declaration by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Mazur, Peter) Modified on 2/23/2023 (lih). (Entered: 02/23/2023)
2023-02-23
1
OBJECTION to 143 Report and Recommendations by PerDiemCo LLC. (Mazur, Peter) (Entered: 02/24/2023)
2023-02-24
1
OBJECTIONS by CalAmp Corp. to 143 REPORT AND RECOMMENDATIONS re 87 MOTION for Hearing on Claim Construction filed by CalAmp Corp., 86 MOTION Requesting a Hearing on Claim Construction filed by PerDiemCo LLC. Please note that when filing Objections pursuant to Federal Rule of . (Stover, Chad) (Entered: 02/24/2023)
2023-02-24
1
NOTICE OF SERVICE of Plaintiff PerDiemCo LLC's Objections to CalAmp Corp.'s Rule 30(b)(6) Notice of Deposition of PerDiemCo LLC filed by PerDiemCo LLC.(Mazur, Peter) (Entered: 02/24/2023)
2023-02-24
1
MOTION for Leave to Serve Amended Final Contentions - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 2/27/2023 (lih). (Entered: 02/24/2023)
2023-02-24
1
NOTICE OF SERVICE of (1) PerDiem's Notice of Deposition of Mark Holzworth; and (2) PerDiem's Notice of Deposition of Malika Ahuja filed by PerDiemCo LLC.(Mazur, Peter) (Entered: 02/27/2023)
2023-02-27
1
ORAL ORDER re D.I. 159 Motion for Leave to Serve Amended Final Contentions: IT IS ORDERED that CalAmp shall file a response to the motion, limited to no more than two (2) pages, on or before close of business on February 28, 2023. No further briefing on the motion will be permitted absent leave of Court. Ordered by Judge Sherry R. Fallon on 2/27/2023. (lih) (Entered: 02/27/2023)
2023-02-27
1
MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTE - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) (Entered: 02/27/2023)
2023-02-27
1
~Util - Set Briefing Schedule - open,ans,reply,surreply AND Oral Order
2023-02-27
1
No Actions
ORAL ORDER- re 162 MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTE. An In Person Discovery Dispute Hearing is set for 3/9/2023 at 10:00 AM in Courtroom 6C before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the dispute prior to the hearing and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 3/6/2023, Responsive submission due by no later than 11:00 AM 3/7/2023). Ordered by Judge Sherry R. Fallon on 2/28/2023. (lih) (Entered: 02/28/2023)
2023-02-28
1
RESPONSE to 159 MOTION for Leave to Serve Amended Final Contentions and Request for Confirmation filed by CalAmp Corp.. (Attachments: # 1 Exhibit 1)(Stover, Chad) Modified on 2/28/2023 (lih). (Entered: 02/28/2023)
2023-02-28
1
ORAL ORDER re D.I. 159 Motion for Leave to Serve Amended Final Contentions: The Court having reviewed the parties' submissions on Plaintiff's motion for leave to serve amended final contentions (D.I. 159; D.I. 164), IT IS ORDERED that Plaintiff's motion for leave to serve its amended final contentions is GRANTED. Plaintiff has shown good cause for amending its final contentions to correct typographical and citation errors, and to otherwise narrow the scope of the case. (D.I. 159 at 1) Plaintiff confirms that it served the amended final contentions on Defendant on February 22, 2023, and the amended contentions do not add new patent claims, identify previously unaccused products, or present new theories of infringement. (Id. at 2) Defendant challenges only the untimeliness of the amended contentions and does not raise objections to the substance of the amendments. (D.I. 164) While Plaintiff's lack of diligence necessitated an emergency motion to extend the February 17 deadline, which was denied by the Court, Plaintiff did make the effort to comply by serving the contentions on the date they were due, albeit after 5:00 p.m. Because the amendment seeks to correct errors, reduce claims, and revise inadvertent omissions, the draconian sanction of striking final infringement contentions is not warranted. Plaintiff's final contentions served on February 22 shall serve as the operative contentions, and Defendant is granted a corresponding extension of its deadline for final invalidity contentions, which shall now be due on or before March 22, 2023. Ordered by Judge Sherry R. Fallon on 2/28/2023. (lih) (Entered: 02/28/2023)
2023-02-28
1
RESPONSE TO OBJECTIONS by CalAmp Corp. re 144 Objections . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stover, Chad) (Entered: 02/28/2023)
2023-02-28
1
NOTICE OF SERVICE of PerDiem's Notice of Deposition of Manu Whig filed by PerDiemCo LLC.(Mazur, Peter) (Entered: 02/28/2023)
2023-02-28
1
NOTICE to Take Deposition of Robert Babayi on March 2, 2023 at 9AM (ET) filed by CalAmp Corp..(Stover, Chad) (Entered: 02/28/2023)
2023-02-28
1
Oral Order
2023-02-28
1
No Actions
~Util - Set Hearings AND Oral Order
2023-02-28
1
No Actions
NOTICE OF SERVICE of PerDiem's Second Rule 30(b)(6) Notice of Deposition of CalAmp filed by PerDiemCo LLC.(Mazur, Peter) (Entered: 03/02/2023)
2023-03-02
1
ORAL ORDER- re 145 MOTION to Amend Scheduling Order. The response to the plaintiff's Motion to Amend the Scheduling Order was due by no later than March 2, 2023 and to date, nothing has been filed. IT IS HEREBY ORDERED that defendant shall file a response by no later than close of business on March 6, 2023 or the court shall decide the motion on the briefing submitted to date. Ordered by Judge Sherry R. Fallon on 3/3/2023. (lih) (Entered: 03/03/2023)
2023-03-03
1
Letter to Honorable Gregory B. Williams from Peter A. Mazur regarding filings associated with PerDiem's Objections to Report and Recommendation - re 143 REPORT AND RECOMMENDATIONS re 87 MOTION for Hearing on Claim Construction filed by CalAmp Corp., 86 MOTION Requesting a Hearing on Claim Construction filed by PerDiemCo LLC. Please note that when filing Objections pursuant to Federal Rule of, 156 Objection to Report and Recommendations. (Mazur, Peter) (Entered: 03/03/2023)
2023-03-03
1
MOTION for Hearing to Resolve Discovery Dispute - filed by PerDiemCo LLC. Motions referred to Sherry R. Fallon.(Mazur, Peter) Modified on 3/3/2023 (lih). (Entered: 03/03/2023)
2023-03-03
1
RESPONSE to Motion re 145 MOTION to Amend Scheduling Order filed by CalAmp Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stover, Chad) Modified on 3/6/2023 (lih). (Entered: 03/03/2023)
2023-03-03
1
Oral Order
2023-03-03
1
No Actions
RESPONSE to Motion re 172 MOTION for Hearing to Resolve Discovery Dispute filed by CalAmp Corp.. (Stover, Chad) (Entered: 03/06/2023)
2023-03-06
1
ORAL ORDER re D.I. 172 Motion for Hearing to Resolve Discovery Dispute: The Court having reviewed the parties' submissions on Plaintiff's request to add a number of disputes to the discovery dispute hearing scheduled for March 9, 2023 (D.I. 172; D.I. 174), IT IS ORDERED that Plaintiff's motion is DENIED. There shall be no further letter submissions to the Court outside of the briefing ordered by the Court in its Oral Order of February 28, 2023. (D.I. 163) The in-person dispute hearing scheduled for March 9, 2023 will not be cancelled absent the submission of a joint one-page letter from the parties advising that the hearing is no longer necessary and may be cancelled. An in-person discovery dispute hearing is set for March 23, 2023 at 2:00 p.m. in Courtroom 6C before Judge Sherry R. Fallon to address the discovery dispute issues raised by Plaintiff in the motion at D.I. 172. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. No extension of briefing page limits is permitted. The Court may choose to resolve the dispute prior to the hearing and will, in that event, cancel the conference. Set deadlines: (Moving submission due by no later than 11:00 AM on 3/20/2023, Responsive submission due by no later than 11:00 AM on 3/21/2023). Ordered by Judge Sherry R. Fallon on 3/6/2023. (lih) (Entered: 03/06/2023)
2023-03-06
1
Letter to Honorable Sherry R. Fallon from Peter A. Mazur regarding discovery dispute. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2)(Mazur, Peter) Modified on 3/6/2023 (lih). (Entered: 03/06/2023)
2023-03-06
1
ORAL ORDER re D.I. 145 Motion to Amend the Scheduling Order: IT IS ORDERED that Plaintiff's reply brief on the motion to amend the scheduling order is due on or before March 10, 2023. Ordered by Judge Sherry R. Fallon on 3/6/2023. (lih) (Entered: 03/06/2023)
2023-03-06
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding Courts Standing Order for Objections Filed under Fed. R. Civ. P. 72 - re 166 Response to Objections. (Mazur, Peter) (Entered: 03/06/2023)
2023-03-06
1
~Util - Set Briefing Schedule - open,ans,reply,surreply AND Oral Order
2023-03-06
1
No Actions
~Util - Set Hearings AND Oral Order
2023-03-06
1
No Actions
Letter to The Honorable Sherry R. Fallon from Chad S.C. Stover regarding discovery dispute in response to PerDiem's March 6, 2023 letter - re 176 Letter. (Stover, Chad) (Entered: 03/07/2023)
2023-03-07
1
ORAL ORDER re 176 Letter, 179 Letter: The Court having reviewed the parties' discovery dispute letter submissions, IT IS ORDERED that Plaintiff's motion to compel Defendant to produce a 30(b)(6) witness on the six enumerated categories of information identified in the correspondence dated February 8, 2023, is DENIED without prejudice. Topic 1 as originally drafted and included in a Rule 30(b)(6) deposition notice which was the subject of a prior discovery dispute is not a viable deposition topic following the Court's Order on January 31, 2023, and Plaintiff's opening letter submission was not accompanied by an amended notice of deposition setting forth the proposed narrowed scope of Topic 1 despite docket entry D.I. 169, a Notice of Service of another Rule 30(b)(6) deposition notice served prior to submission of the letter briefing for the present dispute. (D.I. 140; D.I. 176) Plaintiff's letter submission also lacks a proposed form of Order, as required by the Court's discovery dispute procedures, and Defendant's responsive letter submission suggests that the February 8 correspondence attached as an exhibit to Plaintiff's opening letter is incomplete. (D.I. 179 at 2; D.I. 176, Ex. 2) While the Court acknowledges Plaintiff's renewed efforts to amend and narrow the scope of Topic 1, the Court cannot grant the requested relief on the incomplete record before it. Since the February 8 correspondence, the parties have had ample time to meet and confer in accordance with the requirements of Rule 30(b)(6) and the guidance set forth in the commentary on the 2020 amendments, which provides that "[c]andid exchanges about the purposes of the deposition... may clarify and focus the matters for examination, and enable the organization to designate and to prepare an appropriate witness... thereby avoiding later disagreements." The parties should continue to make reasonable efforts to resolve this matter without seeking a third intervention by the Court. IT IS FURTHER ORDERED that the discovery dispute hearing scheduled for March 9, 2023 at 10:00 a.m. is CANCELLED. Signed by Judge Sherry R. Fallon on 3/8/2023. (Polito, Rebecca) (Entered: 03/08/2023)
2023-03-08
1
Oral Order
2023-03-08
1
No Actions
[SEALED] REPLY BRIEF re 145 MOTION to Amend Scheduling Order filed by PerDiemCo LLC. (Attachments: # 1 Text of Proposed Order)(Mazur, Peter) (Entered: 03/10/2023)
2023-03-10
1
[SEALED] DECLARATION re 181 Reply Brief by PerDiemCo LLC. (Attachments: # 1 Exhibit C, # 2 Exhibit D)(Mazur, Peter) (Entered: 03/10/2023)
2023-03-10
1
EXHIBIT re 182 Declaration by PerDiemCo LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H)(Mazur, Peter) (Entered: 03/10/2023)
2023-03-10
1
RESPONSE TO OBJECTIONS by PerDiemCo LLC re 157 Objections, . (Mazur, Peter) (Entered: 03/10/2023)
2023-03-10
1
RESPONSE TO OBJECTIONS by CalAmp Corp. re 143 REPORT AND RECOMMENDATIONS re 87 MOTION for Hearing on Claim Construction filed by CalAmp Corp., 86 MOTION Requesting a Hearing on Claim Construction filed by PerDiemCo LLC. Please note that when filing Objections pursuant to Federal Rule of, 156 Objection to Report and Recommendations . (Stover, Chad) (Entered: 03/10/2023)
2023-03-10
1
Deficiency re Courtesy Copies (SRF cases)
2023-03-13
1
No Actions
NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office a copy of D.I. 181, D.I. 182, and D.I. 183. (Polito, Rebecca)
2023-03-13
1
No Actions
NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's Second Rule 30(b)(6) Notice of Deposition filed by CalAmp Corp..(Stover, Chad) (Entered: 03/14/2023)
2023-03-14
1
Letter to The Honorable Gregory B. Williams from Peter A. Mazur regarding Courts Standing Order for Objections Filed under Fed. R. Civ. P. 72 - re 185 Response to Objections,. (Mazur, Peter) (Entered: 03/15/2023)
2023-03-15
1
REDACTED VERSION of 182 Declaration, 181 Reply Brief, 183 Exhibit to a Document by PerDiemCo LLC. (Attachments: # 1 Redacted Declaration, # 2 Redacted Ex. C, # 3 Redacted Ex. D)(Mazur, Peter) (Entered: 03/15/2023)
2023-03-15
1
NOTICE OF SERVICE of Defendant CalAmp Corp.'s Objections and Responses to Plaintiff PerDiemCo LLC's (Corrected) Fifth Set of Requests for Production filed by CalAmp Corp..(Stover, Chad) (Entered: 03/15/2023)
2023-03-15
1
MEMORANDUM ORDER re 145 MOTION to Amend Scheduling Order filed by PerDiemCo LLC. Signed by Judge Sherry R. Fallon on 3/17/2023.This order has been emailed to local counsel. (Polito, Rebecca) Modified on 3/31/2023 (lih).
2023-03-17
1
Letter to Honorable Sherry R. Fallon from Peter A. Mazur regarding Discovery Dispute. (Mazur, Peter) (Entered: 03/20/2023)
2023-03-20
1
DECLARATION OF JAMES BERQUIST re 191 Letter by PerDiemCo LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 8, # 6 Exhibit 9)(Mazur, Peter) Modified on 3/27/2023 (lih). (Entered: 03/20/2023)
2023-03-20
1
[SEALED] EXHIBIT re 192 Declaration by PerDiemCo LLC. (Attachments: # 1 Exhibit 3, # 2 Exhibit 6, # 3 Exhibit 7)(Mazur, Peter) (Entered: 03/20/2023)
2023-03-20
1
Joint Notice of Settlement and Motion to Stay by CalAmp Corp. (Attachments: # 1 Proposed Order)(Burton, William) Modified on 3/21/2023 (lih). (Entered: 03/20/2023)
2023-03-20
1
~Util - Case Stayed AND 1 - Terminate Hearings AND Oral Order
2023-03-21
1
No Actions
1 - Terminate Hearings AND ~Util - Case Stayed AND Oral Order
2023-03-21
1
No Actions
~Util - Case Stayed AND Oral Order AND 1 - Terminate Hearings
2023-03-21
1
No Actions
ORAL ORDER re 194 Notice of Settlement and Motion to Stay: IT IS ORDERED that the parties' joint request for a stay of all deadlines for 30 days is GRANTED. On or before April 19, 2023, the parties shall submit a joint status report if the case has not yet been dismissed. IT IS FURTHER ORDERED that the discovery dispute hearing scheduled for Thursday, March 23, 2023 at 2:00 p.m. is CANCELLED due to the stay of the case. Signed by Judge Sherry R. Fallon on 3/21/2023. (Polito, Rebecca)
2023-03-21
1
No Actions
Set Deadlines: Status Report due by 4/19/2023. (lih)
2023-03-21
1
No Actions
Set/Reset Deadlines
2023-03-28
1
No Actions
REDACTED VERSION of 193 Exhibit to a Document by PerDiemCo LLC. (Attachments: # 1 Exhibit 3, # 2 Exhibit 6, # 3 Exhibit 7)(Mazur, Peter) (Entered: 03/31/2023)
2023-03-31
1
Remark
2023-03-31
1
No Actions
Deficiency re Redacted Documents
2023-03-31
1
No Actions
Remark: D.I. 190 has been unsealed. (lih)
2023-03-31
1
No Actions
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # 193 . (lih)
2023-03-31
1
No Actions
STIPULATION of Dismissal With Prejudice by PerDiemCo LLC. (Mazur, Peter) (Entered: 04/19/2023)
2023-04-19
1
CASE CLOSED (ntl)
2023-04-19
1
No Actions
Report to the Commissioner of Patents and Trademarks. (ntl) (Entered: 04/20/2023)
2023-04-20
1
Terminate Case - Civil
2023-04-20
1
No Actions