PROVEN NETWORKS, LLC v. SOLARWINDS CORP.

6:20-cv-00338

Overview

Case Number 6:20-cv-00338

Filing Date 2020-04-28

Status Terminated

Termination Date 2021-09-16

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

Presiding Judge Alan D Albright

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

SOLARWINDS CORP.

Represented By

4 Attorneys Listed

Timothy Franklin Dewberry

Folio Law Group PLLC

Tel: +1 (737) 234-0201

13492 Research Blvd., Suite 120, No. 177

Austin Michael Schnell

Morrison & Foerster LLP

Tel: +1 (737) 309-0700

701 Brazos Street, Suite 1100

Edward A. Cavazos

Pillsbury Winthrop Shaw Pittman LLP

Tel: +1 (512) 580-9608

Fax: +1 (512) 580-9601

401 Congress Ave., Suite 1700

Brian Christopher Nash

Morrison & Foerster LLP

Tel: +1 (737) 309-0700

701 Brazos Street, Suite 1100

Plaintiff

PROVEN NETWORKS, LLC

Represented By

12 Attorneys Listed

Steven Joseph Udick

Skiermont Derby LLP

Tel: +1 (214) 978-6000

Fax: +1 (214) 978-6000

1601 Elm Street, Suite 4400

T. John Ward , Jr.

Ward Smith & Hill, PLLC

Tel: +1 (903) 757-6400

P.O. Box 1231, Longview, TX 75606

Claire Abernathy Henry

Ward Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Pkwy, Longview, TX 75604

Charles Everingham , IV

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

1507 Bill Owens Parkway, Longview, TX 75604

Benjamin T. Wang

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Andrea L. Fair

Ward, Smith & Hill, PLLC

Tel: +1 (903) 757-6400

Fax: +1 (903) 757-2323

PO Box 1231, Longview, TX 75606

Paul A. Kroeger

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Reza Mirzaie

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Marc A. Fenster

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Kent N. Shum

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Boulevard, 12th Floor

Jonathan Ma

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Brian D. Ledahl

Russ August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

Russ August & Kabat, 12424 Wilshire Blvd., 12th Floor

Court & Judges

Court

District Court, W.D. Texas (txwd)

Presiding Judge

Alan D Albright

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

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

2020-03-24

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COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

2020-04-28

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COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

2020-04-28

Download

COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

2020-04-28

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PROVEN NETWORKS, LLC v. SOLARWINDS CORP.

Overview

Parties

Defendant

SOLARWINDS CORP. Follow

Represented By

Plaintiff

PROVEN NETWORKS, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

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

COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

COMPLAINT FOR PATENT INFRINGEMENT AGAINST SOLARWINDS CORP. ( Filing fee $ 400 receipt number 0542-13509938). No Summons requested at this time, filed by PROVEN NETWORKS, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(Mirzaie, Reza) (Entered: 04/28/2020)

REQUEST FOR ISSUANCE OF SUMMONS by PROVEN NETWORKS, LLC. (Mirzaie, Reza) (Entered: 04/28/2020)

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

RULE 7 DISCLOSURE STATEMENT filed by PROVEN NETWORKS, LLC. (Mirzaie, Reza) (Entered: 04/28/2020)

NOTICE OF RELATED CASES by PROVEN NETWORKS, LLC re 1 Complaint, (Mirzaie, Reza) (Entered: 04/28/2020)

Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw)

Summons Issued as to SOLARWINDS CORP.. (bw) (Entered: 04/29/2020)

Pro Hac Vice Letter to Benjamin T. Wang. (lad) (Entered: 04/29/2020)

NOTICE of Attorney Appearance by Paul A. Kroeger on behalf of PROVEN NETWORKS, LLC. Attorney Paul A. Kroeger added to party PROVEN NETWORKS, LLC(pty:pla) (Kroeger, Paul) (Entered: 04/29/2020)

Case Assigned/Reassigned

SUMMONS Returned Executed by PROVEN NETWORKS, LLC. SOLARWINDS CORP. served on 5/4/2020, answer due 5/25/2020. (Mirzaie, Reza) (Entered: 05/06/2020)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by SOLARWINDS CORP.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 05/12/2020)

Reset Deadlines: SOLARWINDS CORP. answer due 6/24/2020. (am)

Order on Motion for Extension of Time to Answer

Set/Reset Answer Deadline

NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of PROVEN NETWORKS, LLC. Attorney Claire Abernathy Henry added to party PROVEN NETWORKS, LLC(pty:pla) (Henry, Claire) (Entered: 06/23/2020)

NOTICE of Attorney Appearance by Andrea L. Fair on behalf of PROVEN NETWORKS, LLC. Attorney Andrea L. Fair added to party PROVEN NETWORKS, LLC(pty:pla) (Fair, Andrea) (Entered: 06/23/2020)

NOTICE of Attorney Appearance by T. John Ward, Jr on behalf of PROVEN NETWORKS, LLC. Attorney T. John Ward, Jr added to party PROVEN NETWORKS, LLC(pty:pla) (Ward, T.) (Entered: 06/23/2020)

NOTICE of Attorney Appearance by Charles Everingham, IV on behalf of PROVEN NETWORKS, LLC. Attorney Charles Everingham, IV added to party PROVEN NETWORKS, LLC(pty:pla) (Everingham, Charles) (Entered: 06/23/2020)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by SOLARWINDS CORP.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 06/24/2020)

NOTICE of Attorney Appearance by Benjamin T. Wang on behalf of PROVEN NETWORKS, LLC. Attorney Benjamin T. Wang added to party PROVEN NETWORKS, LLC(pty:pla) (Wang, Benjamin) (Entered: 06/26/2020)

Reset Deadlines: SOLARWINDS CORP. answer due 7/8/2020. (lad)

Set/Reset Answer Deadline

Order on Motion for Extension of Time to Answer

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by SOLARWINDS CORP.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 07/07/2020)

Reset Deadlines: SOLARWINDS CORP. answer due 7/2/2020. (lad)

Reset Deadlines: SOLARWINDS CORP. answer due 7/22/2020. Earlier change to 7/2/20 was made in error. (lad)

Set/Reset Answer Deadline

Order on Motion for Extension of Time to Answer

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by SOLARWINDS CORP.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 07/20/2020)

Reset Deadlines: SOLARWINDS CORP. answer due 8/5/2020. (lad)

Order on Motion for Extension of Time to Answer

Set/Reset Answer Deadline

ANSWER to 1 Complaint, with Jury Demand by SOLARWINDS CORP..(Nash, Brian) (Entered: 08/05/2020)

RULE 7 DISCLOSURE STATEMENT filed by SOLARWINDS CORP.. (Nash, Brian) (Entered: 08/05/2020)

NOTICE of Readiness for Initial Case Management Conference by PROVEN NETWORKS, LLC (Kroeger, Paul) (Entered: 08/21/2020)

ORDER GOVERNING PROCEEDINGS PATENT CASE: This case is SET for a telephonic Rule 16 Case Management Conference on 9/24/2020 02:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 09/09/2020)

ORDER Resetting Telephone Conference for 10/21/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 09/24/2020)

ORDER CANCELLING October 21, 2020 TELEPHONIC SCHEDULING CONFERENCE. Signed by Judge Alan D Albright. (lad) (Entered: 10/20/2020)

Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (jkda) (Entered: 11/10/2020)

NOTICE of Attorney Appearance by Austin Michael Schnell on behalf of SOLARWINDS CORP.. Attorney Austin Michael Schnell added to party SOLARWINDS CORP.(pty:dft) (Schnell, Austin) (Entered: 11/20/2020)

Unopposed MOTION to Transfer Case by SOLARWINDS CORP.. (Attachments: # 1 Exhibit A - Declaration of Tim Danner, # 2 Exhibit B - Declaration of A. Schnell, # 3 Proposed Order)(Nash, Brian) (Entered: 12/04/2020)

Unopposed MOTION to Transfer Case by SOLARWINDS CORP.. (Attachments: # 1 Exhibit A - Declaration of Tim Danner, # 2 Exhibit B - Declaration of A. Schnell, # 3 Proposed Order)(Nash, Brian) (Entered: 12/04/2020)

Unopposed MOTION to Transfer Case by SOLARWINDS CORP.. (Attachments: # 1 Exhibit A - Declaration of Tim Danner, # 2 Exhibit B - Declaration of A. Schnell, # 3 Proposed Order)(Nash, Brian) (Entered: 12/04/2020)

Unopposed MOTION to Transfer Case by SOLARWINDS CORP.. (Attachments: # 1 Exhibit A - Declaration of Tim Danner, # 2 Exhibit B - Declaration of A. Schnell, # 3 Proposed Order)(Nash, Brian) (Entered: 12/04/2020)

CERTIFICATE OF SERVICE by SOLARWINDS CORP. Corrected Certificate of Conference 28 Unopposed MOTION to Transfer Case (Nash, Brian) (Entered: 12/07/2020)

ORDER GRANTING 28 Motion to Transfer Case. Signed by Judge Alan D Albright. (am) (Entered: 12/15/2020)

Transfer Order. Case transferred in from Austin Division Division on 12/22/2020 under former case number 1:20-cv-1221. Case assigned to Judge Alan D Albright.(mc5) (Entered: 05/19/2021)

Case reopened per Transfer Order. (mc5)

ORDER APPOINTING TECHNICAL ADVISOR. Signed by Judge Alan D Albright. (mg2) (Entered: 04/05/2021)

NOTICE of Attorney Appearance by Timothy Franklin Dewberry on behalf of SOLARWINDS CORP. (mc5) (Entered: 05/19/2021)

Attorney Steven Joseph Udick for PROVEN NETWORKS, LLC added. Signed by Judge Alan D Albright. (mc5)

~Util - Case Reopened

~Util - Add Attorney

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

Standing Order regarding Scheduling Order. Signed by Judge Alan D Albright. (Entered: 06/17/2021)

Joint MOTION to Dismiss by SOLARWINDS CORP.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 08/25/2021)

ORDER GRANTING 38 Joint MOTION to Dismiss. Signed by Judge Alan D Albright. (ir) (Entered: 09/16/2021)

Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (bot1) (Entered: 09/16/2021)

PROTECTIVE ORDER. Signed by Judge Alan D Albright. (jc5) (Entered: 02/09/2022)

Track Case Updates

SOLARWINDS CORP.

PROVEN NETWORKS, LLC