PersonalWeb Technologies LLC v. Rackspace US, Inc.

5:16-cv-01267

Overview

Case Number 5:16-cv-01267

Filing Date 2016-03-15

Status Terminated

Termination Date 2017-02-14

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

Presiding Judge Edward J. Davila

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Miscellaneous

Richard D. Egan

Represented By

0 Attorneys Listed

No attorneys available

Defendant

Github Inc.

Represented By

5 Attorneys Listed

Sonal N. Mehta

Durie Tangri LLP

Tel: +1 (415) 362-6666

Fax: +1 (415) 236-6300

217 Leidesdorff Street, San Francisco, CA 94111

Ryan Marshall Kent

Durie Tangri LLP

Tel: +1 (415) 362-6666

Fax: +1 (415) 236-6300

217 Leidesdorff Street, San Francisco, CA 94111

Ryan M. Kent

Email: rkent@durietangri.com

Michael Edwin Jones

Potter Minton PC

Tel: +1 (930) 597-8311

Fax: +1 (903) 593-0846

110 North College Avenue, Suite 500, Tyler, TX 75702

Allen Franklin Gardner

Potter Minton PC

Tel: +1 (903) 597-8311

110 N College, Suite 500

Rackspace Hosting, Inc.

Represented By

2 Attorneys Listed

Sarah Marie Paxson

Gardere Wynne Sewell LLP

Tel: +1 (214) 999-3000

1601 Elm Street, Suite 3000, Dallas, TX 75201

Paul V. Storm

Foley Gardere

Tel: +1 (214) 999-4701

Fax: +1 (214) 999-3701

Foley Gardere, 2021 McKinney Avenue

Rackspace US, Inc.

Represented By

2 Attorneys Listed

Sarah Marie Paxson

Gardere Wynne Sewell LLP

Tel: +1 (214) 999-3000

1601 Elm Street, Suite 3000, Dallas, TX 75201

Paul V. Storm

Foley Gardere

Tel: +1 (214) 999-4701

Fax: +1 (214) 999-3701

Foley Gardere, 2021 McKinney Avenue

Plaintiff

Level 3 Communications LLC

Represented By

1 Attorneys Listed

David Dewey Wier , IV

Level 3 Communications, LLC

Tel: +1 (720) 888-3539

Fax: +1 (720) 888-5619

Level 3 Communications, LLC, 1025 Eldorado Blvd

PersonalWeb Technologies LLC

Represented By

6 Attorneys Listed

Phillip J. Lee

Reichman Jorgensen LLP

Tel: +1 (650) 623-1401

Fax: +1 (650) 623-1449

303 Twin Dolphin Drive, Suite 600, Redwood Shores, CA 94065

Shahar Harel

McKool Smith

Tel: +1 (212) 402-9400

McKool Smith, One Bryant Park, 47th Floor

Roderick G. Dorman

Hennigan Dorman LLP

Tel: +1 (213) 694-1200

Fax: +1 (213) 694-1234

865 South Figueroa Street, Suite 2900

Lawrence M. Hadley

Glaser Weil Fink Howard Avchen & Shapiro LLP

Tel: +1 (310) 282-6235

Fax: +1 (310) 556-2920

Los Angeles, CA 90067

Alan P. Block

McKool Smith Hennigan P.C.

Tel: +1 (213) 694-1200

Fax: +1 (213) 694-1234

300 South Grand Avenue, Suite 2900

Samuel Franklin Baxter

McKool Smith P.C.

Tel: +1 (903) 923-9000

104 E. Houston Street, Suite 300, P.O. Box O

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Edward J. Davila

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT against Rackspace Hosting, Inc., Rackspace US, Inc. ( Filing fee $ 350 receipt number 0540-3785085.), filed by PersonalWeb Technologies LLC, Level 3 Communications, 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 Civil Cover Sheet)(Baxter, Samuel) (Entered: 09/17/2012)

2012-09-17

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SUMMONS Issued as to Rackspace Hosting, Inc., Rackspace US, Inc. and emailed to pltf for service. (Attachments: # 1 Summons(es))(klb) (Entered: 09/19/2012)

2012-09-19

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Baxter, Samuel) (Entered: 10/01/2012)

2012-10-01

View

CORPORATE DISCLOSURE STATEMENT filed by PersonalWeb Technologies LLC identifying Corporate Parent None for PersonalWeb Technologies LLC. (Baxter, Samuel) (Entered: 10/09/2012)

2012-10-09

View

PersonalWeb Technologies LLC v. Rackspace US, Inc.

Overview

Parties

Miscellaneous

Richard D. Egan Follow

Represented By

Defendant

Github Inc. Follow

Represented By

Rackspace Hosting, Inc. Follow

Represented By

Rackspace US, Inc. Follow

Represented By

Plaintiff

Level 3 Communications LLC Follow

Represented By

PersonalWeb Technologies LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

SUMMONS Issued as to Rackspace Hosting, Inc., Rackspace US, Inc. and emailed to pltf for service. (Attachments: # 1 Summons(es))(klb) (Entered: 09/19/2012)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Baxter, Samuel) (Entered: 10/01/2012)

CORPORATE DISCLOSURE STATEMENT filed by PersonalWeb Technologies LLC identifying Corporate Parent None for PersonalWeb Technologies LLC. (Baxter, Samuel) (Entered: 10/09/2012)

Return of Service Executed as to Rackspace Hosting, Inc. on 10/11/2012, by personal service; answer due: 11/1/2012. (mll, ) (Entered: 10/29/2012)

Return of Service Executed as to Rackspace US, Inc. on 10/11/2012, by personal service; answer due: 11/1/2012. (mll, ) (Entered: 10/29/2012)

NOTICE of Attorney Appearance by Paul V Storm on behalf of Rackspace Hosting, Inc., Rackspace US, Inc. (Storm, Paul) (Entered: 10/29/2012)

NOTICE of Attorney Appearance by Sarah Marie Paxson on behalf of Rackspace Hosting, Inc., Rackspace US, Inc. (Paxson, Sarah) (Entered: 10/29/2012)

CORPORATE DISCLOSURE STATEMENT filed by Rackspace Hosting, Inc., Rackspace US, Inc. (Storm, Paul) (Entered: 10/29/2012)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Rackspace Hosting, Inc., Rackspace US, Inc..( Storm, Paul) (Entered: 11/01/2012)

NOTICE of Attorney Appearance by Lawrence Milton Hadley on behalf of PersonalWeb Technologies LLC (Hadley, Lawrence) (Entered: 11/08/2012)

ANSWER to 1 Complaint, by Rackspace Hosting, Inc., Rackspace US, Inc..(Storm, Paul) (Entered: 12/17/2012)

Order reassigning this case to United States District Judge Michael H. Schneider per General Order 13-3. Please see Appendix D: Addendum Regarding Cases Assigned to Judge Schneider. Judge Leonard Davis no longer assigned to the case. (mjc, ) (Entered: 01/15/2013)

ORDER REASSIGNING CASE. Case reassigned to Judge Leonard Davis for all further proceedings. Judge Michael H. Schneider no longer assigned to case. Signed by Judge Michael H. Schneider on 02/05/13. cc:attys 2-06-13(mll, ) (Entered: 02/06/2013)

NOTICE by PersonalWeb Technologies LLC NOTICE OF SELECTION OF TECHNICAL ADVISOR (Attachments: # 1 Exhibit 1)(Baxter, Samuel) (Entered: 05/08/2013)

NOTICE by PersonalWeb Technologies LLC NOTICE OF READINESS FOR SCHEDULING CONFERENCE (Baxter, Samuel) (Entered: 05/28/2013)

ORDER setting Status Conference for 8/29/2013 09:30 AM before Judge Leonard Davis. Signed by Judge Leonard Davis on 07/25/13. (mll, ) (Entered: 07/25/2013)

NOTICE by PersonalWeb Technologies LLC NOTICE OF AGREEMENT (Attachments: # 1 Proposed Docket Control Order, # 2 Proposed Discovery Order, # 3 Proposed Order Regarding E-Discovery, # 4 Proposed Protective Order)(Baxter, Samuel) (Entered: 08/25/2013)

DISCOVERY ORDER. Signed by Judge Leonard Davis on 08/26/13. (mll, ) (Entered: 08/26/2013)

ORDER REGARDING E-DISCOVERY. Signed by Judge Leonard Davis on 08/26/13. (mll, ) (Entered: 08/26/2013)

PROTECTIVE ORDER. Signed by Judge Leonard Davis on 08/26/13. (mll, ) (Entered: 08/26/2013)

AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Rackspace Hosting, Inc., Rackspace US, Inc., GitHub, Inc., filed by PersonalWeb Technologies LLC, Level 3 Communications, LLC.(Baxter, Samuel) (Entered: 09/03/2013)

SUMMONS Issued as to GitHub, Inc. and emailed to pltf for service. (klb) (Entered: 09/05/2013)

Return of Service Executed as to GitHub, Inc. on 9/6/2013, by personal service; answer due: 9/27/2013. (mll, ) (Entered: 09/24/2013)

ANSWER to 24 Amended Complaint by Rackspace Hosting, Inc., Rackspace US, Inc..(Storm, Paul) (Entered: 09/24/2013)

Unopposed MOTION for Extension of Time to File Answer re 24 Amended Complaint by GitHub, Inc.. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 09/26/2013)

ORDER granting 28 Motion for Extension of Time to Answer. The deadline for Defendant GitHub Inc to respond to the First Amended Complaint is extended to 10-25-2013. Signed by Judge Leonard Davis on 09/27/13. (mll, ) (Entered: 09/27/2013)

Joint MOTION to Amend/Correct 23 Order, Set Scheduling Order Deadlines, Set Hearings,,, JOINT MOTION TO AMEND DOCKET CONTROL ORDER by Rackspace Hosting, Inc., Rackspace US, Inc.. (Attachments: # 1 Exhibit Amended Docket Control Order)(Storm, Paul) (Entered: 09/30/2013)

AMENDED DOCKET CONTROL ORDER. Signed by Judge Leonard Davis on 10/02/13. (mll, ) (Entered: 10/02/2013)

NOTICE of Attorney Appearance by Ryan M Kent on behalf of GitHub, Inc. (Kent, Ryan) (Entered: 10/22/2013)

***FILED IN ERROR. DISREGARD.*** Defendant's Unopposed First Application for Extension of Time to Answer Complaint re GitHub, Inc..( Kent, Ryan) Modified on 10/25/2013 (gs). (Entered: 10/22/2013)

Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re GitHub, Inc..( Kent, Ryan) (Entered: 10/25/2013)

ANSWER to 24 Amended Complaint by GitHub, Inc..(Kent, Ryan) (Entered: 11/08/2013)

MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY by Rackspace Hosting, Inc., Rackspace US, Inc.. (Storm, Paul) (Additional attachment(s) added on 12/19/2013: # 1 Corrected Proposed Order) (gsg, ). (Entered: 12/13/2013)

MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY by Rackspace Hosting, Inc., Rackspace US, Inc.. (Storm, Paul) (Additional attachment(s) added on 12/19/2013: # 1 Corrected Proposed Order) (gsg, ). (Entered: 12/13/2013)

RESPONSE in Opposition re 36 MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY filed by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 12/23/2013)

RESPONSE in Opposition re 36 MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY filed by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 12/23/2013)

REPLY to Response to Motion re 36 MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY filed by Rackspace Hosting, Inc., Rackspace US, Inc.. (Storm, Paul) (Entered: 01/03/2014)

MOTION to Sever and Transfer the Claims Brought Against GitHub in the Amended Complaint by GitHub, Inc. (Attachments: # 1 Affidavit Declaration of Scott Chacon, # 2 Text of Proposed Order)(Kent, Ryan) Modified on 1/8/2014 (mjc, ). (Entered: 01/07/2014)

MOTION to Sever and Transfer the Claims Brought Against GitHub in the Amended Complaint by GitHub, Inc. (Attachments: # 1 Affidavit Declaration of Scott Chacon, # 2 Text of Proposed Order)(Kent, Ryan) Modified on 1/8/2014 (mjc, ). (Entered: 01/07/2014)

MOTION to Sever and Transfer the Claims Brought Against GitHub in the Amended Complaint by GitHub, Inc. (Attachments: # 1 Affidavit Declaration of Scott Chacon, # 2 Text of Proposed Order)(Kent, Ryan) Modified on 1/8/2014 (mjc, ). (Entered: 01/07/2014)

SUR-REPLY to Reply to Response to Motion re 36 MOTION for Joinder DEFENDANTS RACKSPACE US, INC. AND RACKSPACE HOSTING, INC.'S JOINDER TO IBM'S MOTION TO STAY filed by PersonalWeb Technologies LLC. (Baxter, Samuel) (Entered: 01/13/2014)

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 01/17/2014)

Unopposed MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 01/17/2014)

ORDER granting 41 Motion for Extension of Time to File Response/Reply re 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint; Responses due by 2/7/2014. Signed by Judge Leonard Davis on 01/21/14. (mll, ) (Entered: 01/21/2014)

Joint MOTION to Amend/Correct 31 Order on Motion to Amend/Correct JOINT MOTION TO AMEND DOCKET CONTROL ORDER by Rackspace Hosting, Inc., Rackspace US, Inc.. (Attachments: # 1 Text of Proposed Order PROPOSED SECOND AMENDED DOCKET CONTROL ORDER)(Storm, Paul) (Entered: 01/27/2014)

Joint MOTION to Amend/Correct 31 Order on Motion to Amend/Correct JOINT MOTION TO AMEND DOCKET CONTROL ORDER by Rackspace Hosting, Inc., Rackspace US, Inc.. (Attachments: # 1 Text of Proposed Order PROPOSED SECOND AMENDED DOCKET CONTROL ORDER)(Storm, Paul) (Entered: 01/27/2014)

SECOND AMENDED DOCKET CONTROL ORDER. Signed by Judge Leonard Davis on 01/28/14. (mll, ) (Entered: 01/28/2014)

NOTICE by Rackspace Hosting, Inc., Rackspace US, Inc. NOTICE OF RECENT DECISION (Attachments: # 1 Exhibit A)(Storm, Paul) (Entered: 01/31/2014)

NOTICE by Rackspace Hosting, Inc., Rackspace US, Inc. NOTICE OF RECENT DECISION (Attachments: # 1 Exhibit A)(Storm, Paul) (Entered: 01/31/2014)

Joint MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 02/03/2014)

Joint MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint by PersonalWeb Technologies LLC. (Attachments: # 1 Text of Proposed Order)(Baxter, Samuel) (Entered: 02/03/2014)

ORDER granting 46 Motion for Extension of Time to File Response/Reply re 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint; Responses due by 2/12/2014; Replies due by 2/28/2014. Signed by Judge Leonard Davis on 02/04/14. (mll, ) (Entered: 02/04/2014)

Additional Attachments to Main Document: 48 Response in Opposition to Motion,.. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Baxter, Samuel) (Entered: 02/12/2014)

Additional Attachments to Main Document: 48 Response in Opposition to Motion,.. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Baxter, Samuel) (Entered: 02/12/2014)

Additional Attachments to Main Document: 48 Response in Opposition to Motion,.. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Baxter, Samuel) (Entered: 02/12/2014)

Additional Attachments to Main Document: 48 Response in Opposition to Motion,.. (Attachments: # 1 Exhibit F)(Baxter, Samuel) (Entered: 02/12/2014)

Additional Attachments to Main Document: 48 Response in Opposition to Motion,.. (Attachments: # 1 Exhibit F)(Baxter, Samuel) (Entered: 02/12/2014)

REPLY to Response to Motion re 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint filed by GitHub, Inc.. (Kent, Ryan) (Entered: 02/28/2014)

SUR-REPLY to Reply to Response to Motion re 39 MOTION to Sever and Transfer the Claims Brought Against Gitbut in the Amended Complaint filed by PersonalWeb Technologies LLC. (Baxter, Samuel) (Entered: 03/10/2014)

Richard D. Egan

Github Inc.

Rackspace Hosting, Inc.

Rackspace US, Inc.

Level 3 Communications LLC

PersonalWeb Technologies LLC

FILED IN ERROR. DISREGARD. Defendant's Unopposed First Application for Extension of Time to Answer Complaint re GitHub, Inc..( Kent, Ryan) Modified on 10/25/2013 (gs). (Entered: 10/22/2013)