Trend Micro Incorporated v. Fortinet, Inc.

5:04-cv-01785

Overview

Case Number 5:04-cv-01785

Filing Date 2004-05-05

Status Terminated

Termination Date 2006-02-13

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

Presiding Judge Ronald M. Whyte

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Defendant

Fortinet, Inc.

Represented By

8 Attorneys Listed

Kenneth Brian Wilson

Carr & Ferrell LLP

Tel: +1 (650) 812-3400

Fax: +1 (650) 812-3444

120 Constitution Drive, Menlo Park, CA 94025

Terrence J.P. Kearney

Latham & Watkins

Tel: +1 (650) 328-4600

Latham & Watkins, 140 Scott Drive

Stefani Elise Shanberg

Morrison & Foerster LLP

Tel: +1 (415) 268-7000

Fax: +1 (415) 268-7522

425 Market Street, 32nd Floor

Sarah Elizabeth Piepmeier

Perkins Coie LLP

Tel: +1 (415) 344-7000

Fax: +1 (415) 344-7050

505 Howard Street, Suite 1000, San Francisco, CA 94105

Ron Eleazer Shulman

Latham & Watkins LLP

Tel: +1 (650) 328-4600

Fax: +1 (650) 463-2600

140 Scott Drive, Menlo Park, CA 94025

Michael A. Berta

Arnold & Porter Kaye Scholer LLP

Tel: +1 (415) 471-3100

Fax: +1 (415) 471-3400

Three Embarcadero Center, 10th Floor, San Francisco, CA 94111

Michael Brett Levin

Wilson Sonsini Goodrich & Rosati

Tel: +1 (650) 493-9300

Fax: +1 (650) 565-5100

Wilson Sonsini Goodrich & Rosati, A Professional Corporation

Christopher R. Parry

Broadcom Corporation

Tel: +1 (408) 543-3300

Fax: +1 (408) 543-3399

Broadcom Corporation, 190 Mathilda Place

Plaintiff

Trend Micro Incorporated

Represented By

6 Attorneys Listed

Raphael V. Lupo

McDermott, Will & Emery

Tel: +1 (202) 756-8000

Fax: +1 (202) 756-8087

McDermott, Will & Emery, 600 13th Street, N.W.

Mark G. Davis ,

Weil Gotshal and Manges LLP

Tel: +1 (202) 682-7258

Fax: +1 (202) 857-0940

1300 Eye Street NW, Washington, DC 20005

Keaton Parekh

McDermott, Will & Emery

Tel: +1 (650) 813-5000

Fax: +1 (650) 813-6100

McDermott, Will & Emery, 3150 Porter Drive

Jimmy M. Shin

SNR Denton US LLP

Tel: +1 (650) 798-0300

Fax: +1 (650) 798-0310

1530 Page Mill Road, Suite 200, Palo Alto, CA 94304

Kenneth S. Korea

Samsung Electronics

Tel: +1 (650) 529-3712

Fax: +1 (650) 529-3701

Samsung Electronics, 2180 Sand Hill Road

D. Sean Trainor

McDermott Will & Emery

Tel: +1 (202) 756-8000

Fax: +1 (202) 756-8087

McDermott Will & Emery, 600 13th Street, N.W. 12th Street

Court & Judges

Court

District Court, N.D. California (cand)

Presiding Judge

Ronald M. Whyte

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US5623600	Espacenet Google Patents

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL against Fortinet, Inc. (Filing fee $ 150.00; Receipt Number 5509991). Filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

2004-05-05

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ADR SCHEDULING ORDER: Case Management Statement due by 8/27/2004. Case Management Conference set for 9/3/2004 10:30 AM. Signed by Judge Maxine M. Chesney on 5/5/04. (Attachments: # 1 Standing Order)(aaa, Court Staff) (Filed on 5/5/2004) (Entered: 05/07/2004)

2004-05-05

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NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL LOCAL RULE 3-13 by Trend Micro Incorporated (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

2004-05-05

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Certificate of Interested Entities or Persons Pursuant to Civil Local Rule 3-16 filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

2004-05-05

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Trend Micro Incorporated v. Fortinet, Inc.

Overview

Parties

Defendant

Fortinet, Inc. Follow

Represented By

Plaintiff

Trend Micro Incorporated Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT; DEMAND FOR JURY TRIAL against Fortinet, Inc. (Filing fee $ 150.00; Receipt Number 5509991). Filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

ADR SCHEDULING ORDER: Case Management Statement due by 8/27/2004. Case Management Conference set for 9/3/2004 10:30 AM. Signed by Judge Maxine M. Chesney on 5/5/04. (Attachments: # 1 Standing Order)(aaa, Court Staff) (Filed on 5/5/2004) (Entered: 05/07/2004)

NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING PURSUANT TO CIVIL LOCAL RULE 3-13 by Trend Micro Incorporated (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

Certificate of Interested Entities or Persons Pursuant to Civil Local Rule 3-16 filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

NOTICE: DISCLOSURE STATEMENT PURSUANT TO FED.R.CIV.P.7.1 by Trend Micro Incorporated (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

NOTICE of Related Case Pursuant to Civil Local Rule 3-12; Member Case C97-20438 RMW. (aaa, Court Staff) (Filed on 5/5/2004) Additional attachment(s) added on 5/7/2004 (aaa, Court Staff). (Entered: 05/07/2004)

REPORT on the filing or determination of an action regarding PATENT (cc: form mailed to register). (aaa, Court Staff) (Filed on 5/5/2004) (Entered: 05/07/2004)

Summons Issued as to Fortinet, Inc.. (aaa, Court Staff) (Filed on 5/5/2004)

CASE DESIGNATED for Electronic Filing. (aaa, Court Staff) (Filed on 5/5/2004)

MOTION for leave for Attorney Raphael V. Lupo to appear in Pro Hac Vice (fee paid; receipt number 3359862) filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/12/2004) (Entered: 05/13/2004)

MOTION for leave for Attorney Mark G. Davis to appear in Pro Hac Vice (fee paid; receipt number 3359863) filed by Trend Micro Incorporated. (aaa, Court Staff) (Filed on 5/12/2004) (Entered: 05/13/2004)

ORDER by Judge Maxine M. Chesney granting 8 Motion for Pro Hac Vice (tl, COURT STAFF) (Filed on 5/14/2004) (Entered: 05/14/2004)

ORDER by Judge Maxine M. Chesney granting 9 Motion for Pro Hac Vice (tl, COURT STAFF) (Filed on 5/14/2004) (Entered: 05/14/2004)

CERTIFICATE OF SERVICE by Trend Micro Incorporated (Attachments: # 1 Affidavit)(Korea, Kenneth) (Filed on 5/25/2004) (Entered: 05/25/2004)

Fortinet, Inc.'s ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Trend Micro Incorporated by Fortinet, Inc.. (Wilson, Kenneth) (Filed on 5/25/2004) (Entered: 05/25/2004)

CERTIFICATE OF SERVICE by Fortinet, Inc. re 13 Answer to Complaint, Counterclaim (Wilson, Kenneth) (Filed on 5/25/2004) (Entered: 05/25/2004)

NOTICE of Related Case re 6 And Response To Trend's Notice of Related Case (Attachments: # 1 Exhibit A)(Wilson, Kenneth) (Filed on 5/28/2004) (Entered: 05/28/2004)

CERTIFICATE OF SERVICE by Fortinet, Inc. re 15 Notice of Related Case And Response To Trend's Notice Of Related Case (Wilson, Kenneth) (Filed on 5/28/2004) (Entered: 05/28/2004)

ANSWER TO COUNTERCLAIM 13 Trend Micro Incorporated's Reply to Fortinet, Inc.'s Counterclaims by Trend Micro Incorporated. (Korea, Kenneth) (Filed on 6/14/2004) (Entered: 06/14/2004)

STIPULATION OF REQUEST FOR STAY PURS TO 28 USC 1659 AND [PROPOSED] ORDER by Fortinet, Inc.. (Piepmeier, Sarah) (Filed on 6/18/2004) (Entered: 06/18/2004)

CLERK'S NOTICE OF SETTING CASE MANAGMENT CONFERENCE Case Management Conference set for 9/3/2004 10:30 AM. Joint Case Management Statement due by 8/27/2004. (jg, Court Staff) (Filed on 8/5/2004) (Entered: 08/05/2004)

JOINT CASE MANAGEMENT STATEMENT filed by Trend Micro Incorporated. (Korea, Kenneth) (Filed on 8/27/2004) (Entered: 08/27/2004)

Minute Entry: Initial Case Management Conference held on 9/3/2004 before Ronald M. Whyte (Date Filed: 9/7/2004). Further Case Management Conference set for 8/19/2005 10:30 AM. (Court Reporter Not Reported.) (jg, Court Staff) (Date Filed: 9/7/2004) (Entered: 09/07/2004)

NOTICE of Appearance by Christopher R. Parry Notice of Appearance of Counsel (Parry, Christopher) (Filed on 8/2/2005) (Entered: 08/02/2005)

JOINT CASE MANAGEMENT STATEMENT AND PROPOSED ORDER filed by Trend Micro Incorporated, Trend Micro Incorporated. (Korea, Kenneth) (Filed on 8/9/2005) (Entered: 08/09/2005)

NOTICE of Change of Address by Kenneth S. Korea to Greenberg Traurig, LLP (Korea, Kenneth) (Filed on 8/10/2005) (Entered: 08/10/2005)

JOINT CASE MANAGEMENT STATEMENT Joint Stipulation and [Proposed] Case Management Order filed by Fortinet, Inc.. (Parry, Christopher) (Filed on 8/26/2005) (Entered: 08/26/2005)

NOTICE of Appearance by Jimmy Minjae Shin (Shin, Jimmy) (Filed on 9/12/2005) (Entered: 09/12/2005)

APPLICATION of D. Sean Trainor for admission to appear in Pro Hac Vice filed by Trend Micro Incorporated. (fee paid) (dhm, COURT STAFF) (Filed on 9/14/2005) (Entered: 09/19/2005)

Proposed Order re 29 APPLICATION of D. SEan Trainor for leave to appear in Pro Hac Vice by Trend Micro Incorporated. (dhm, COURT STAFF) (Filed on 9/14/2005)

ORDER by Judge Ronald M. Whyte granting 29 APPLICATION of D. Sean Trainor for admission Pro Hac Vice (dhm, COURT STAFF) (Filed on 9/15/2005) (Entered: 09/19/2005)

CLAIM CONSTRUCTION STATEMENT filed by Fortinet, Inc., Fortinet, Inc.. (Levin, Michael) (Filed on 12/16/2005) (Entered: 12/16/2005)

STIPULATION JOINT STIPULATION AND [PROPOSED] ORDER TO ADJUST CLAIM CONSTRUCTION BRIEFING AND RELATED SUMMARY JUDGMENT BRIEFING SCHEDULES by Trend Micro Incorporated, Trend Micro Incorporated. (Shin, Jimmy) (Filed on 1/6/2006) (Entered: 01/06/2006)

NOTICE by Fortinet, Inc. For Miscellaneous Administrative Request To File Under Seal Exhibits C and H to Declaration of Matthew A. Bishop and Exhibit 4 to the Declaration of Michael Levin (Kearney, Terrence) (Filed on 1/12/2006) (Entered: 01/12/2006)

Proposed Order Granting Fortinet's Miscellaneous Administrative Request to File Under Seal Exhibits C and H to Declaration of Matthew A. Bishop and Exhibit 4 to Declaration of Michael Levin by Fortinet, Inc.. (Kearney, Terrence) (Filed on 1/12/2006) (Entered: 01/12/2006)

MOTION for Partial Summary Judgment of Invalidity Under 35 U.S.C. Section 112, Paragraph 2 filed by Fortinet, Inc.. (Kearney, Terrence) (Filed on 1/12/2006) (Entered: 01/12/2006)

Proposed Order Granting Fortinet's Motion for Partial Summary Judgment of Invalidity of Claims 13 and 21 of U.S. Patent 5,623,600 and Construing Certain Claim Terms by Fortinet, Inc.. (Kearney, Terrence) (Filed on 1/12/2006) (Entered: 01/12/2006)

Brief Fortinet's Opening Claim Construction Brief filed byFortinet, Inc.. (Kearney, Terrence) (Filed on 1/12/2006) (Entered: 01/12/2006)

Declaration of Keaton S. Parekh in Support of 42 Claim Construction Statement,, filed byTrend Micro Incorporated. (Related document(s) 42 ) (Parekh, Keaton) (Filed on 1/12/2006) (Entered: 01/12/2006)

EXHIBIT 4 to 41 the Declaration of Michael B. Levin in Support of Fortinet's Opening Claim Construction Brief, filed by Fortinet, Inc. FILED UNDER SEAL PURSUANT TO ORDER #49 E-FILED 1/31/2006 (Related document(s) 41 ) (dhm, COURT STAFF) (Filed on 1/12/2006) (bwS, COURT STAFF). (Entered: 02/01/2006)

Received Exhibit 4 to 41 the Declaration of Micahel B. Levin in support of Fortinet's Opening Claim Construction Brief by Fortinet, Inc. (DOCUMENT SUBMITTED UNDER SEAL) (dhm, COURT STAFF) (Filed on 1/12/2006)

Received Exhibits C and H to the Declaration of Matthew A. Bishop, PH.D in support of Opening Claim Construction Brief re 38 Brief by Fortinet, Inc. (DOCUMENT SUBMITTED UNDER SEAL) (dhm, COURT STAFF) (Filed on 1/12/2006)

CLAIM CONSTRUCTION STATEMENT Trend Micro's CORRECTED Claim Construction Brief Pursuant to Scheduling Order and Patent L.R. 4-5 filed by Trend Micro Incorporated, Trend Micro Incorporated. (Attachments: # 1 Exhibit U)(Parekh, Keaton) (Filed on 1/17/2006) (Entered: 01/17/2006)

STIPULATION and [Proposed] Order to Adjust Claim Construction Briefing and Related Summary Judgment Briefing Schedules by Fortinet, Inc.. (Berta, Michael) (Filed on 1/23/2006) (Entered: 01/23/2006)

STIPULATION AND ORDER to Adjust Claim Construction Briefing and Related Summary Judgment Briefing Schedules. Signed by Judge Ronald M. Whyte on 1/26/06. (jg, COURT STAFF) (Filed on 1/26/2006)

STIPULATION and [Proposed] Order to Postpone Claim Construction Briefing and Hearing and Summary Judgment Briefing by Fortinet, Inc.. (Parry, Christopher) (Filed on 1/31/2006) (Entered: 01/31/2006)

ORDER Granting Fortinet's Administrative Request to File Under Seal Exhibits 4, C & H to Declarations. Signed by Judge Ronald M. Whyte on 1/31/06. (jg, COURT STAFF) (Filed on 1/31/2006)

STIPULATION AND ORDER to Postpone Claim Construction Briefing and Hearing and Summary Judgment Briefing. Signed by Judge Ronald M. Whyte on 2/6/06. (jg, COURT STAFF) (Filed on 2/6/2006)

STIPULATION of Dismissal and [Proposed] Order by Fortinet, Inc.. (Levin, Michael) (Filed on 2/10/2006) (Entered: 02/10/2006)

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Ronald M. Whyte on 2/13/06. (jg, COURT STAFF) (Filed on 2/13/2006)

FILE located at Federal Records Center (FRC) San Bruno, CA. Accession No:021-06-0082; Location No: 746164; Box No: 67. (pmc, COURT STAFF) (Filed on 10/3/2006)

ORDER NOT RELATING CASE. Signed by Judge Ronald M. Whyte on 6/12/07. (jg, COURT STAFF) (Filed on 6/12/2007) (Entered: 06/12/2007)

ORDER OF REFERRAL. The matter is referred to the Honorable Ronald M. Whyte for consideration of whether the case is related to Trend Micro Inc. v. Fortinet, Inc., 04-1785 RMW. Signed by Judge Maxine M. Chesney on February 4, 2009. (mmclc1, COURT STAFF) (Filed on 2/4/2009) (Entered: 02/04/2009)

ORDER re 56 Order of referral deeming cases not related. Signed by Judge Ronald M. Whyte on 2/18/2009. (rmwlc1, COURT STAFF) (Filed on 2/18/2009) (Entered: 02/18/2009)

Track Case Updates

Fortinet, Inc.

Trend Micro Incorporated