Phenix, LLC v. Integrated Memory Logic, Ltd.

6:15-cv-00436

Overview

Case Number 6:15-cv-00436

Filing Date 2015-04-17

Status Terminated

Termination Date 2016-03-28

Court District Court, E.D. Texas (txed)

Presiding Judge Rodney Gilstrap

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

Defendant

Exar Corporation

Represented By

6 Attorneys Listed

Albert Joseph Boro , Jr

Bor Lawl Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Alexander David Baxter

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Debra Elaine Gunter

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Ave., Suite 900, Tyler, TX 75702

Eric Hugh Findlay

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Ave., Suite 900, Tyler, TX 75702

Gregory John Thoming

Boro Law Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Philip W Woo

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Integrated Memory Logic, Inc.

Represented By

5 Attorneys Listed

Albert Joseph Boro , Jr

Bor Lawl Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Alexander David Baxter

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Eric Hugh Findlay

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Ave., Suite 900, Tyler, TX 75702

Gregory John Thoming

Boro Law Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Philip W Woo

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Integrated Memory Logic, Ltd.

Represented By

6 Attorneys Listed

Albert Joseph Boro , Jr

Bor Lawl Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Alexander David Baxter

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Debra Elaine Gunter

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Ave., Suite 900, Tyler, TX 75702

Eric Hugh Findlay

Findlay Craft PC

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

102 N College Ave., Suite 900, Tyler, TX 75702

Gregory John Thoming

Boro Law Firm

Tel: +1 (415) 621-2400

Fax: +1 (415) 276-5870

345 Franklin St., San Francisco, CA 94102

Philip W Woo

Sidley Austin LLP San Francisco

Tel: +1 (415) 772-1200

Fax: +1 (415) 772-7400

555 California St., Suite 2000, San Francisco, CA 94104

Plaintiff

Phenix, LLC

Represented By

3 Attorneys Listed

Andy Tindel

Mann, Tindel & Thompson - Attorneys at Law

Tel: +1 (903) 596-0900

Fax: +1 (903) 596-0909

112 E Line, Suite 304, Tyler, TX 75702

Lewis E Hudnell , III

Hudnell Law Group P.C.

Tel: +1 (650) 564-7720

Fax: +1 (347) 772-3034

800 W. EL Camino Real, Suite 180, Mountain View, CA 94040

Nicolas S Gikkas

Gikkas Law Firm

Tel: +1 (650) 617-3419

Fax: +1 (650) 618-2600

530 Lytton Ave., 2nd Floor, Palo Alto, CA 94301

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Rodney Gilstrap

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US7233305	Espacenet Google Patents

Docket Entries

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-5158355.), filed by Phenix, LLC. (Attachments: # 1 Exhibit A (the '305 patent), # 2 Civil Cover Sheet)(Tindel, Andy) (Entered: 04/17/2015)

2015-04-17

View

CORPORATE DISCLOSURE STATEMENT filed by Phenix, LLC (Tindel, Andy) (Entered: 04/17/2015)

2015-04-17

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Tindel, Andy) (Entered: 04/17/2015)

2015-04-17

View

NOTICE of Attorney Appearance - Pro Hac Vice by Nicolas S Gikkas on behalf of Phenix, LLC. Filing fee $ 100, receipt number 0540-5163560. (Gikkas, Nicolas) (Entered: 04/21/2015)

2015-04-21

View

Phenix, LLC v. Integrated Memory Logic, Ltd.

Overview

Parties

Defendant

Exar Corporation Follow

Represented By

Integrated Memory Logic, Inc. Follow

Represented By

Integrated Memory Logic, Ltd. Follow

Represented By

Plaintiff

Phenix, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400 receipt number 0540-5158355.), filed by Phenix, LLC. (Attachments: # 1 Exhibit A (the '305 patent), # 2 Civil Cover Sheet)(Tindel, Andy) (Entered: 04/17/2015)

CORPORATE DISCLOSURE STATEMENT filed by Phenix, LLC (Tindel, Andy) (Entered: 04/17/2015)

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Tindel, Andy) (Entered: 04/17/2015)

NOTICE of Attorney Appearance - Pro Hac Vice by Nicolas S Gikkas on behalf of Phenix, LLC. Filing fee $ 100, receipt number 0540-5163560. (Gikkas, Nicolas) (Entered: 04/21/2015)

Add and Terminate Judges

SUMMONS Issued as to Exar Corporation, Integrated Memory Logic, Ltd., and emailed to pltf for service. (mll, ) (Entered: 04/22/2015)

NOTICE of Attorney Appearance by Lewis E Hudnell, III on behalf of All Plaintiffs (Hudnell, Lewis) (Entered: 04/22/2015)

SUMMONS REISSUED as to Exar Corporation, and emailed to pltf for service. (mll, ) (Entered: 04/28/2015)

Return of Service Executed as to Exar Corporation on 4/29/2015, by cert mail; answer due: 5/20/2015. (mll, ) (Entered: 05/12/2015)

AFFIDAVIT for International Service by Clerk of Court on Defendant Integrated Memory Logic Ltd, Taiwan by Phenix, LLC. (mll, ) (Entered: 05/12/2015)

Remark

AFFIDAVIT OF SERVICE by Phenix, LLC. (mll, ) (Entered: 05/20/2015)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint UNOPPOSED MOTION TO EXTEND TIME TO MOVE, ANSWER, OR OTHERWISE RESPOND TO COMPLAINT by Exar Corporation, Integrated Memory Logic, Ltd.. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric) (Entered: 05/19/2015)

NOTICE of Attorney Appearance by Albert Joseph Boro, Jr on behalf of Exar Corporation, Integrated Memory Logic, Ltd. (Boro, Albert) (Entered: 06/04/2015)

NOTICE of Attorney Appearance - Pro Hac Vice by Gregory John Thoming on behalf of Exar Corporation, Integrated Memory Logic, Ltd.. Filing fee $ 100, receipt number 0540-5230710. (Thoming, Gregory) (Entered: 06/04/2015)

NOTICE of Attorney Appearance by Philip W Woo on behalf of Exar Corporation, Integrated Memory Logic, Ltd. (Woo, Philip) (Entered: 06/05/2015)

SCHEDULING ORDER. Signed by Judge Rodney Gilstrap on 7/7/2015. (gsg) (Entered: 07/07/2015)

Set Deadlines/Hearings

Unopposed MOTION for Extension of Time to Complete Discovery for Plaintiff's P.R. 3-1 and 3-2 and Defendants' P.R. 3-3 and 3-4 by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Tindel, Andy) (Entered: 07/15/2015)

ORDER granting 17 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge K. Nicole Mitchell on 07/17/15. (mll, ) (Entered: 07/17/2015)

NOTICE of Attorney Appearance by Debra Elaine Gunter on behalf of Exar Corporation, Integrated Memory Logic, Ltd. (Gunter, Debra) (Entered: 07/27/2015)

NOTICE by Phenix, LLC of Compliance with P.R. 3-1 and P.R. 3-2 (Hudnell, Lewis) (Entered: 07/28/2015)

MOTION to Dismiss for Lack of Jurisdiction or in Alternative to Transfer by Exar Corporation, Integrated Memory Logic, Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit)(Boro, Albert) (Entered: 07/29/2015)

Scheduling Conference

NOTICE of Designation of Mediator, Jeff Kaplan, filed by Phenix, LLC. (Tindel, Andy) (Entered: 08/03/2015)

CORPORATE DISCLOSURE STATEMENT filed by Exar Corporation, Integrated Memory Logic, Ltd. identifying Corporate Parent Exar Corporation for Integrated Memory Logic, Ltd.. (Findlay, Eric) (Entered: 08/10/2015)

Joint MOTION Entry of Agreed Docket Control Order by Exar Corporation, Integrated Memory Logic, Ltd.. (Attachments: # 1 Proposed Docket Control Order)(Findlay, Eric) (Entered: 08/13/2015)

Joint MOTION Entry of Agreed Discovery Order by Exar Corporation, Integrated Memory Logic, Ltd.. (Attachments: # 1 Proposed Discovery Order)(Findlay, Eric) (Entered: 08/13/2015)

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss for Lack of Jurisdiction or in Alternative to Transfer by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Tindel, Andy) (Entered: 08/14/2015)

ORDER granting 26 Motion for Extension of Time to File Response/Reply re 21 MOTION to Dismiss for Lack of Jurisdiction or in Alternative to Transfer; Responses due by 10/16/2015. Signed by Magistrate Judge K. Nicole Mitchell on 08/18/15. (mll, ) (Entered: 08/19/2015)

NOTICE of Discovery Disclosure by Phenix, LLC Pursuant to Paragraphs 1 and 3 of the Discovery Order (Tindel, Andy) (Entered: 08/20/2015)

NOTICE by Exar Corporation, Integrated Memory Logic, Ltd. OF SERVICE OF INITIAL AND ADDITIONAL DISCLOSURES (Findlay, Eric) (Entered: 08/20/2015)

Joint MOTION for Protective Order by Exar Corporation, Integrated Memory Logic, Ltd.. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric) (Entered: 08/21/2015)

DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 08/21/15. (mll, ) (Entered: 08/21/2015)

PROTECTIVE ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 08/21/15. (mll, ) (Entered: 08/21/2015)

ORDER REFERRING CASE to Mediator. Jeff Kaplan added as Mediator. Signed by Magistrate Judge K. Nicole Mitchell on 08/27/15. (mll, ) (Entered: 08/27/2015)

Joint MOTION Entry of E-Discovery Order by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Hudnell, Lewis) (Entered: 09/04/2015)

ORDER regarding 35 Motion for Entry of E-Discovery Order. Signed by Magistrate Judge K. Nicole Mitchell on 09/14/15. (mll, ) (Entered: 09/14/2015)

E-DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 09/14/15. (mll, ) (Entered: 09/14/2015)

NOTICE by Exar Corporation, Integrated Memory Logic, Ltd. WITH P.R. 3-3 AND 3-4 (Findlay, Eric) (Entered: 09/21/2015)

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss for Lack of Jurisdiction or in Alternative to Transfer by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Tindel, Andy) (Entered: 09/28/2015)

ORDER granting 39 Motion for Extension of Time to File Response/Reply re 21 MOTION to Dismiss for Lack of Jurisdiction or in Alternative to Transfer; Responses due by 10/30/2015. Signed by Magistrate Judge K. Nicole Mitchell on 09/29/15. (mll, ) (Entered: 09/29/2015)

Unopposed MOTION to Amend/Correct Docket Control Order by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Hudnell, Lewis) (Entered: 10/06/2015)

FIRST AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 10/07/15. (mll, ) (Entered: 10/08/2015)

NOTICE of Discovery Disclosure by Phenix, LLC P.R. 4-1 (Tindel, Andy) (Entered: 10/16/2015)

NOTICE by Exar Corporation, Integrated Memory Logic, Ltd. of Compliance with P.R. 4-1 (Findlay, Eric) (Entered: 10/16/2015)

***DOCUMENT FILED IN ERROR. PLEASE DISREGARD. SEE CORRECTED FILING 46 .***AMENDED COMPLAINT FOR PATENT INFRINGEMENT against All Defendants, filed by Phenix, LLC.(Gikkas, Nicolas) Modified on 10/21/2015 (mjc, ). (Entered: 10/20/2015)

***CORRECTED FILING. REPLACES 45 .***AMENDED COMPLAINT FOR PATENT INFRINGEMENT against All Defendants, filed by Phenix, LLC. (Attachments: # 1 Exhibit U.S. Pat. No. 7,233,305)(Gikkas, Nicolas) Modified on 10/21/2015 (mjc, ). (Entered: 10/20/2015)

Notice of Docket Correction

SUMMONS Issued as to Integrated Memory Logic, Inc., and emailed to pltf for service. (mll, ) (Entered: 10/28/2015)

Unopposed MOTION to Vacate Current Deadline for Plaintiff's Response to Defendants' Motion to Dismiss or Transfer by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Gikkas, Nicolas) (Entered: 10/29/2015)

ORDER granting 48 Motion to Vacate Deadline. Signed by Magistrate Judge K. Nicole Mitchell on 10/30/15. (mll, ) (Entered: 10/30/2015)

NOTICE by Phenix, LLC of Compliance with P.R. 4-2 (Gikkas, Nicolas) (Entered: 11/05/2015)

NOTICE by Exar Corporation, Integrated Memory Logic, Ltd. of Compliance with P.R. 4-2 Preliminary Claim Constructions and Preliminary Identification of Extrensic Evidence (Findlay, Eric) (Entered: 11/06/2015)

MOTION to Dismiss for Lack of Jurisdiction or Improper Venue, or in the Alternative to Transfer Venue by Exar Corporation, Integrated Memory Logic, Inc., Integrated Memory Logic, Ltd.. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric) (Entered: 11/10/2015)

CORPORATE DISCLOSURE STATEMENT filed by Integrated Memory Logic, Inc. identifying Corporate Parent Integrated Memory Logic, Ltd. for Integrated Memory Logic, Inc.. (Findlay, Eric) (Entered: 11/10/2015)

NOTICE of Attorney Appearance by Albert Joseph Boro, Jr on behalf of Integrated Memory Logic, Inc. (Boro, Albert) (Entered: 11/10/2015)

NOTICE of Attorney Appearance by Gregory John Thoming on behalf of Integrated Memory Logic, Inc. (Thoming, Gregory) (Entered: 11/10/2015)

NOTICE of Attorney Appearance by Alexander David Baxter on behalf of Exar Corporation, Integrated Memory Logic, Inc., Integrated Memory Logic, Ltd. (Baxter, Alexander) (Entered: 11/11/2015)

NOTICE of Attorney Appearance by Philip W Woo on behalf of Integrated Memory Logic, Inc. (Woo, Philip) (Entered: 11/11/2015)

ORDER for the parties to meet and confer and propose an agreed-upon technical advisor no later than 12/11/2015. If the parties are unable to agree on a technical advisor, the Court will appoint one. Signed by Magistrate Judge K. Nicole Mitchell on 11/24/15. (mjc, ) (Entered: 11/24/2015)

Claim Construction and Prehearing Statement by Phenix, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit B-1, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit C-1, # 6 Exhibit Exhibit C-2)(Gikkas, Nicolas) (Entered: 11/24/2015)

AMENDED COMPLAINT Second Amended Complaint for Patent Infringement against All Defendants, filed by Phenix, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gikkas, Nicolas) (Entered: 12/03/2015)

SEALED ADDITIONAL ATTACHMENTS to Main Document: 61 Amended Complaint. (Attachments: # 1 Exhibit B to Second Amended Complaint)(Gikkas, Nicolas) (Entered: 12/03/2015)

Exar Corporation

Integrated Memory Logic, Inc.

Integrated Memory Logic, Ltd.

Phenix, LLC

DOCUMENT FILED IN ERROR. PLEASE DISREGARD. SEE CORRECTED FILING 46 .AMENDED COMPLAINT FOR PATENT INFRINGEMENT against All Defendants, filed by Phenix, LLC.(Gikkas, Nicolas) Modified on 10/21/2015 (mjc, ). (Entered: 10/20/2015)

CORRECTED FILING. REPLACES 45 .AMENDED COMPLAINT FOR PATENT INFRINGEMENT against All Defendants, filed by Phenix, LLC. (Attachments: # 1 Exhibit U.S. Pat. No. 7,233,305)(Gikkas, Nicolas) Modified on 10/21/2015 (mjc, ). (Entered: 10/20/2015)

FILED IN ERROR, PLEASE IGNOREUnopposed MOTION to Amend/Correct 77 Order on Motion to Amend/Correct by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Tindel, Andy) Modified on 1/28/2016 (sm, ). (Entered: 01/28/2016)

FILED IN ERROR, PLEASE IGNORESTIPULATION of Dismissal with Prejudice by Phenix, LLC. (Attachments: # 1 Text of Proposed Order)(Tindel, Andy) Modified on 3/28/2016 (sm, ). (Entered: 03/25/2016)