Sony Electronics Inc. v. Digitech Image Technologies LLC

1:12-cv-00980

Overview

Case Number 1:12-cv-00980

Filing Date 2012-07-24

Status Terminated

Termination Date 2012-12-07

Court District Court, D. Delaware (ded)

Presiding Judge Richard G. Andrews

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:2201 Declaratory Judgment

Jury Demand Plaintiff

Parties

Defendant

Sony Electronics Inc.

Represented By

2 Attorneys Listed

Rodger Dallery Smith , II

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 351-9205

1201 North Market Street, P.O. Box 1347

Jack B. Blumenfeld

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 658-9200

1201 North Market Street, P.O. Box 1347

Plaintiff

Acacia Research Corporation

Represented By

5 Attorneys Listed

Melissa N. Brochwicz Donimirski

Heyman Enerio Gattuso & Hirzel LLP

Tel: +1 (302) 472-7300

300 Delaware Avenue, Suite 200, Wilmington, DE 19801

Dominick T. Gattuso

Heyman Enerio Gattuso & Hirzel LLP

Tel: +1 (302) 472-7311

Fax: +1 (302) 472-7301

300 Delaware Avenue, Suite 200, Wilmington, DE 19801

Neal C. Belgam

Smith, Katzenstein, & Jenkins LLP

Tel: +1 (302) 652-8400

1000 West Street, Suite 1501, Wilmington, DE 19801

Sarah Brooks

Email: sbrooks@sycr.com

Marc J. Schneider

Email: mschneider@sycr.com

Counter Defendant

Digitech Image Technologies LLC

Represented By

3 Attorneys Listed

Vanessa Ribeiro Tiradentes

Gould & Ratner LLP

Tel: +1 (312) 899-1628

222 N. LaSalle Street, Suite 800

Stephen B. Brauerman

Bayard, P.A.

Tel: +1 (302) 655-5000

Fax: +1 (302) 658-6395

Bayard, P.A., 600 N. King Street

Richard D. Kirk

ADDRESS EXPIRED / UNKNOWN

Tel: +1 (302) 655-5000

Fax: +1 (302) 658-6395

ADDRESS EXPIRED / UNKNOWN, (302) 655-5000

Court & Judges

Court

District Court, D. Delaware (ded)

Presiding Judge

Richard G. Andrews

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6128415	Espacenet Google Patents

Docket Entries

COMPLAINT filed with Jury Demand against Acacia Research Corporation, Digitech Image Technologies LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1111372.) - filed by Sony Electronics Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(eam) (Entered: 07/25/2012)

2012-07-24

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COMPLAINT filed with Jury Demand against Acacia Research Corporation, Digitech Image Technologies LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1111372.) - filed by Sony Electronics Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(eam) (Entered: 07/25/2012)

2012-07-24

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COMPLAINT filed with Jury Demand against Acacia Research Corporation, Digitech Image Technologies LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1111372.) - filed by Sony Electronics Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(eam) (Entered: 07/25/2012)

2012-07-24

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COMPLAINT filed with Jury Demand against Acacia Research Corporation, Digitech Image Technologies LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 0311-1111372.) - filed by Sony Electronics Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(eam) (Entered: 07/25/2012)

2012-07-24

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Sony Electronics Inc. v. Digitech Image Technologies LLC

Overview

Parties

Defendant

Sony Electronics Inc. Follow

Represented By

Plaintiff

Acacia Research Corporation Follow

Represented By

Counter Defendant

Digitech Image Technologies LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (eam) (Entered: 07/25/2012)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,128,415. (eam) (Entered: 07/25/2012)

Disclosure Statement pursuant to Rule 7.1 filed by Sony Electronics Inc. identifying Corporate Parent Sony Corporation for Sony Electronics Inc. (eam) (Entered: 07/25/2012)

Summons Issued

Return of Service Executed by Sony Electronics Inc.. Acacia Research Corporation served on 7/31/2012, answer due 8/21/2012. (Blumenfeld, Jack) (Entered: 07/31/2012)

Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)

Case Assigned/Reassigned

DECLARATION OF MAILING as to Digitech Image Technologies, LLC, by Sony Electronics Inc.. (Attachments: # 1 Exhibits A and B)(Blumenfeld, Jack) Modified on 8/3/2012 (nms). (Entered: 08/02/2012)

DECLARATION OF MAILING as to Digitech Image Technologies, LLC, by Sony Electronics Inc.. (Attachments: # 1 Exhibits A and B)(Blumenfeld, Jack) Modified on 8/3/2012 (nms). (Entered: 08/02/2012)

NOTICE of Appearance by Dominick T. Gattuso on behalf of Acacia Research Corporation (Gattuso, Dominick) (Entered: 08/20/2012)

MOTION for Pro Hac Vice Appearance of Attorney Marc Schneider and Sarah Brooks - filed by Acacia Research Corporation. (Gattuso, Dominick) (Entered: 08/20/2012)

Unopposed Motion for Extension of Time to Respond to Sony Electronics Inc.'s Complaint - filed by Sony Electronics Inc.. (Blumenfeld, Jack) Modified on 8/21/2012 (nms). (Entered: 08/20/2012)

SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Marc Schneider and Sarah Brooks filed by Acacia Research Corporation. Signed by Judge Richard G. Andrews on 8/20/2012. (nms)

SO ORDERED

Pro Hac Vice Attorney Sarah Brooks,Marc J. Schneider for Acacia Research Corporation added for electronic noticing. (rbe)

SO ORDERED

Add Attorneys Pro Hac Vice

NOTICE of Appearance by Neal C. Belgam on behalf of Acacia Research Corporation (Belgam, Neal) (Entered: 09/18/2012)

NOTICE of Appearance by Richard D. Kirk on behalf of Digitech Image Technologies LLC (Kirk, Richard) (Entered: 09/18/2012)

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney John J. Edmonds and Stephen F. Schlather of Collins, Edmonds, Pogorzelski, Schlather & Tower filed by Digitech Image Technologies LLC. Signed by Judge Richard G. Andrews on 9/18/2012. (nms)

SO ORDERED

MOTION to Dismiss - filed by Acacia Research Corporation. (Attachments: # 1 Proposed Order)(Belgam, Neal) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

MOTION to Dismiss - filed by Acacia Research Corporation. (Attachments: # 1 Proposed Order)(Belgam, Neal) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

OPENING BRIEF in Support re 13 MOTION to Dismiss, filed by Acacia Research Corporation.Answering Brief/Response due date per Local Rules is 10/9/2012. (Belgam, Neal) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

Disclosure Statement pursuant to Rule 7.1 filed by Acacia Research Corporation identifying Corporate Parent No parent company for Acacia Research Corporation.. (Belgam, Neal) (Entered: 09/20/2012)

MOTION to Dismiss, Stay or Transfer - filed by Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Brauerman, Stephen) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

MOTION to Dismiss, Stay or Transfer - filed by Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Brauerman, Stephen) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

DECLARATION of John Edmonds re 16 MOTION to Dismiss, Stay or Transfer, by Digitech Image Technologies LLC. (Brauerman, Stephen) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

DECLARATION of Steve Wong re 16 Motion to Dismiss, Stay or Transfer, by Digitech Image Technologies LLC. (Brauerman, Stephen) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

JOINDER by Digitech Image Technologies LLC, joining in 13 Motion to Dismiss. (Brauerman, Stephen) Modified on 9/21/2012 (nms). (Entered: 09/20/2012)

Disclosure Statement pursuant to Rule 7.1 filed by Digitech Image Technologies LLC identifying Corporate Parent Acacia Research Group LLC for Digitech Image Technologies LLC.. (Kirk, Richard) (Entered: 09/21/2012)

CORRECTING ENTRY: The main document PDF for D.I. 17 has been replaced with an amended version per counsel's request. The new version corrects typographical errors discovered in the table of contents. The NEF for this filing has been regenerated. (nms)

CORRECTING ENTRY:

MOTION for Extension of Time to File Response to 16 MOTION to Dismiss, Stay or Transfer and 13 MOTION to Dismiss - filed by Sony Electronics Inc.. (Blumenfeld, Jack) Modified on 10/2/2012 (nms). (Entered: 10/01/2012)

Letter to The Honorable Richard G. Andrews from Jack B. Blumenfeld regarding 22 motion for two-week extension and request that the Court act on an expedited basis. (Blumenfeld, Jack) Modified on 10/2/2012 (nms). (Entered: 10/01/2012)

Letter to the Honorable Richard G. Andrews from Richard D. Kirk, Esquire, regarding no opposition to 22 Motion for Extension. (Kirk, Richard) Modified on 10/2/2012 (nms). (Entered: 10/02/2012)

ORAL ORDER: The hearing set for 10/5/2012, at 8:00 a.m. is Canceled per D.I. 24 and entry of D.I. 25 . Ordered by Judge Richard G. Andrews on 10/2/2012. (nms)

Oral Order

Amended MOTION to Dismiss, Stay, or Transfer - filed by Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Brauerman, Stephen) Modified on 10/18/2012 (nms). (Entered: 10/17/2012)

Amended MOTION to Dismiss, Stay, or Transfer - filed by Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Brauerman, Stephen) Modified on 10/18/2012 (nms). (Entered: 10/17/2012)

DECLARATION of John J. Edmonds, Esq. re 26 Amended MOTION to Dismiss, Stay, or Transfer, by Digitech Image Technologies LLC. (Brauerman, Stephen) Modified on 10/18/2012 (nms). (Entered: 10/17/2012)

DECLARATION of Steve Wong re 26 Amended MOTION to Dismiss, Stay, or Transfer, by Digitech Image Technologies LLC. (Brauerman, Stephen) Modified on 10/18/2012 (nms). (Entered: 10/17/2012)

NOTICE of Appearance by Melissa N. Brochwicz Donimirski on behalf of Acacia Research Corporation (Donimirski, Melissa) (Entered: 10/18/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/2/2012. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Blumenfeld, Jack) (Entered: 10/23/2012)

REPLY BRIEF re 13 MOTION to Dismiss, filed by Acacia Research Corporation. (Donimirski, Melissa) Modified on 11/5/2012 (nms). (Entered: 11/02/2012)

ANSWERING BRIEF in Opposition re 26 Amended MOTION to Dismiss, Stay, or Transfer, filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/16/2012. (Attachments: # 1 Exhibits A-F)(Blumenfeld, Jack) Modified on 11/5/2012 (nms). (Entered: 11/05/2012)

ANSWERING BRIEF in Opposition re 26 Amended MOTION to Dismiss, Stay, or Transfer, filed by Sony Electronics Inc..Reply Brief due date per Local Rules is 11/16/2012. (Attachments: # 1 Exhibits A-F)(Blumenfeld, Jack) Modified on 11/5/2012 (nms). (Entered: 11/05/2012)

Letter to The Honorable Richard G. Andrews from Jack B. Blumenfeld regarding request for argument on motions to dismiss (see D.I. 13 and 26 ). (Blumenfeld, Jack) Modified on 11/7/2012 (nms). Modified on 11/7/2012 (nms). (Entered: 11/07/2012)

REPLY BRIEF re 26 Amended MOTION to Dismiss, Stay, or Transfer Amended MOTION to Dismiss, Stay, or Transfer filed by Digitech Image Technologies LLC. (Attachments: # 1 Exhibit A)(Kirk, Richard) (Entered: 11/15/2012)

REPLY BRIEF re 26 Amended MOTION to Dismiss, Stay, or Transfer Amended MOTION to Dismiss, Stay, or Transfer filed by Digitech Image Technologies LLC. (Attachments: # 1 Exhibit A)(Kirk, Richard) (Entered: 11/15/2012)

ORDER Granting 26 Motion to Dismiss. The motion in other respects is Dismissed as Moot. The Court also Grants 13 Motion to Dismiss (see Order for details). Signed by Judge Richard G. Andrews on 12/7/2012. (ksr) Modified on 12/11/2012 (nms). Modified on 12/11/2012 (nms). (Entered: 12/07/2012)

CASE CLOSED per entry of D.I. 36 . (nms)

Terminated Case

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number 6,128,415. (Attachments: # 1 Order)(nms) (Attachment 1 replaced on 12/11/2012) (nms). (Entered: 12/11/2012)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number 6,128,415. (Attachments: # 1 Order)(nms) (Attachment 1 replaced on 12/11/2012) (nms). (Entered: 12/11/2012)

AMENDED ORDER Granting 26 Motion to Dismiss. The motion in other respects is Dismissed as Moot. The Court also Grants 13 Motion to Dismiss (see Order for details). Signed by Judge Richard G. Andrews. (nms) (Entered: 12/11/2012)

CORRECTING ENTRY:

CORRECTING ENTRY: The pdf of the Order attached to D.I. 37 has been replaced with the Amended Order found at D.I. 38 . (nms)

Sony Electronics Inc.

Acacia Research Corporation

Digitech Image Technologies LLC