Vertigo Media, Inc. v. Earbuds Inc.

Application Number	Patent Number	External Links
-	US9549024	Espacenet Google Patents
-	US10198777	Espacenet Google Patents
-	US10116616	Espacenet Google Patents

COMPLAINT for Patent Infringement filed with Jury Demand against Earbuds Inc. - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3497819.) - filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Civil Cover Sheet)(kmd)

2021-01-29

1

View

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd)

2021-01-29

1

View

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,549,024 B2; US 10,198,777 B2; US 10,116,616 B2. (kmd)

2021-01-29

1

View

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Remote Media LLC, Vertigo Media, Inc. (kmd)

2021-01-29

1

View

No Summons Issued. (kmd)

2021-01-29

1

No Actions

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

2021-02-03

1

No Actions

Return of Service Executed by Vertigo Media, Inc., Remote Media LLC. Earbuds Inc. served on 2/4/2021, answer due 2/25/2021. (Timlin, Tracey)

2021-02-04

1

View

STIPULATION TO EXTEND TIME to Respond to the Complaint to March 29, 2021 - filed by Earbuds Inc.. (Mayo, Andrew)

2021-02-19

1

View

SO ORDERED re 6 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to March 29, 2021 (Set/Reset Answer Deadlines: Earbuds Inc. answer due 3/29/2021). ORDERED by Judge Maryellen Noreika on 2/22/2021. (dlw)

2021-02-22

1

No Actions

~Util - Set/Reset Answer Deadline AND SO ORDERED

2021-02-22

1

No Actions

MOTION for Pro Hac Vice Appearance of Attorney Kayvan B. Noroozi and Douglas L. Bridges - filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 03/29/2021)

2021-03-29

1

Download

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim - filed by Earbuds Inc.. (Attachments: # 1 Text of Proposed Order)(Mayo, Andrew) (Entered: 03/29/2021)

2021-03-29

1

View

OPENING BRIEF in Support re 8 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc..Answering Brief/Response due date per Local Rules is 4/12/2021. (Mayo, Andrew) (Entered: 03/29/2021)

2021-03-29

1

View

SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Kayvan B. Noroozi and Douglas L. Bridges filed by Earbuds Inc. ORDERED by Judge Maryellen Noreika on 3/29/2021. (dlw)

2021-03-29

1

No Actions

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

2021-03-31

1

View

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

2021-03-31

2

Download

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

2021-03-31

2

Download

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

2021-03-31

2

Download

ORAL ORDER re 8 MOTION to Dismiss - In light of 10 Plaintiffs' Amended Complaint, the Court DENIES as MOOT 8 Defendant's Motion to Dismiss as it relates to 1 the Original Complaint. ORDERED by Judge Maryellen Noreika on 4/1/2021. (dlw) (Entered: 04/01/2021)

2021-04-01

1

View

Oral Order

2021-04-01

1

No Actions

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim - filed by Earbuds Inc.. (Attachments: # 1 Text of Proposed Order)(Mayo, Andrew) (Entered: 04/14/2021)

2021-04-14

1

View

OPENING BRIEF in Support re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc..Answering Brief/Response due date per Local Rules is 4/28/2021. (Mayo, Andrew) (Entered: 04/14/2021)

2021-04-14

1

Download

MOTION for Preliminary Injunction - filed by Remote Media LLC, Vertigo Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Timlin, Tracey) (Entered: 04/21/2021)

2021-04-21

1

View

OPENING BRIEF in Support re 14 MOTION for Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc..Answering Brief/Response due date per Local Rules is 5/5/2021. (Timlin, Tracey) (Entered: 04/21/2021)

2021-04-21

1

View

DECLARATION of Alain Villeneuve, Esq. re 15 Opening Brief in Support by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Timlin, Tracey) (Additional attachment(s) added on 4/21/2021: # 6 Exhibit F) (dlw). Modified on 4/21/2021 (dlw). (Entered: 04/21/2021)

2021-04-21

1

View

DECLARATION of John E. Munro, Esq. re 15 Opening Brief in Support by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 Exhibit 1)(Timlin, Tracey) Modified on 4/21/2021 (dlw). (Entered: 04/21/2021)

2021-04-21

1

View

CORRECTING ENTRY: Exhibit F has been added to D.I. 16 at the request of counsel. (dlw)

2021-04-21

1

No Actions

- CORRECTING ENTRY

2021-04-21

1

No Actions

ANSWERING BRIEF in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Remote Media LLC, Vertigo Media, Inc..Reply Brief due date per Local Rules is 5/5/2021. (Timlin, Tracey) (Entered: 04/28/2021)

2021-04-28

1

Download

STIPULATION and [Proposed] Order Regarding Discovery and Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 04/29/2021)

2021-04-29

1

View

SO ORDERED re 19 Stipulation and Order Regarding Discovery and Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction (Set Briefing Schedule: re 14 MOTION for Preliminary Injunction - Answering Brief due 7/21/2021. Reply Brief due 8/13/2021). Signed by Judge Maryellen Noreika on 4/30/2021. (dlw) (Entered: 04/30/2021)

2021-04-30

1

Download

REPLY BRIEF re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 05/05/2021)

2021-05-05

1

Download

NOTICE OF SERVICE of Defendant's First Set of Document Requests to Vertigo Media, Inc. Regarding Vertigo Media, Inc.'s and Remote Media LLC's Motion for Preliminary Injunction and Defendant's First Set of Document Requests to Remote Media, LLC Regarding Vertigo Media, Inc.'s and Remote Media LLC's Motion for Preliminary Injunction filed by Earbuds Inc..(Mayo, Andrew) (Entered: 05/07/2021)

2021-05-07

1

View

NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production Related to Plaintiffs' Motion for a Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 05/07/2021)

2021-05-07

1

View

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding Earbud's request for oral argument. (Mayo, Andrew) (Entered: 05/12/2021)

2021-05-12

1

Download

MOTION for Pro Hac Vice Appearance of Attorney John E. Munro - filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 05/12/2021)

2021-05-12

1

View

SO ORDERED re 25 MOTION for Pro Hac Vice Appearance of Attorney John E. Munro filed by Vertigo Media, Inc., Remote Media LLC. ORDERED by Judge Maryellen Noreika on 5/12/2021. (dlw)

2021-05-12

1

No Actions

MOTION for Pro Hac Vice Appearance of Attorney Alain Villeneuve - filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 05/13/2021)

2021-05-13

1

Download

SO ORDERED re 26 MOTION for Pro Hac Vice Appearance of Attorney Alain Villeneuve filed by Vertigo Media, Inc., Remote Media LLC. ORDERED by Judge Maryellen Noreika on 5/13/2021. (dlw)

2021-05-13

1

No Actions

NOTICE OF SERVICE of Defendant's Objections and Responses to Plaintiffs' First Set of Requests for Production Related to Plaintiffs' Motion for a Preliminary Injunction filed by Earbuds Inc..(Mayo, Andrew) (Entered: 05/28/2021)

2021-05-28

1

View

NOTICE OF SERVICE of (i) Plaintiff Vertigo Media, Inc.'s Responses to Defendant Earbuds Inc.'s First Set of Requests for Production Regarding Motion for Preliminary Injunction, and (ii) Plaintiff Remote Media, LLC's Responses to Defendant Earbuds Inc.'s First Set of Requests for Production Regarding Motion for Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 05/28/2021)

2021-05-28

1

View

NOTICE to Take Deposition of Alain Villeneuve on June 22, 2021 filed by Earbuds Inc..(Mayo, Andrew) (Entered: 06/16/2021)

2021-06-16

1

View

NOTICE of Appearance by Richard L. Renck on behalf of Remote Media LLC, Vertigo Media, Inc. (Renck, Richard) (Entered: 06/17/2021)

2021-06-17

1

Download

NOTICE of Change of Address for Richard L. Renck and Tracey E. Timlin by Remote Media LLC, Vertigo Media, Inc. (Renck, Richard) (Entered: 06/21/2021)

2021-06-21

1

Download

[SEALED] ANSWERING BRIEF in Opposition re 14 MOTION for Preliminary Injunction filed by Earbuds Inc. Reply Brief due date per 20 Stipulation and Order is 8/13/2021. (Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

2021-07-21

1

View

[SEALED] DECLARATION of Justin Good re 32 Answering Brief in Opposition by Earbuds Inc. (Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

2021-07-21

1

View

[SEALED] DECLARATION of Douglas L. Bridges re 32 Answering Brief in Opposition by Earbuds Inc. (Attachments: # 1 Exhibit A-E)(Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

2021-07-21

1

View

NOTICE to Take Deposition of Justin Good on August 2, 2021, at 11:00 a.m. C.T., via Zoom Teleconference filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 07/26/2021)

2021-07-26

1

View

REDACTED VERSION of 32 Answering Brief in Opposition by Earbuds Inc.. (Day, John) (Entered: 08/02/2021)

2021-08-02

1

Download

REDACTED VERSION of 33 Declaration by Earbuds Inc. (Day, John) Modified on 8/2/2021 (dlw). (Entered: 08/02/2021)

2021-08-02

1

Download

REDACTED VERSION of 34 Declaration by Earbuds Inc. (Day, John) Modified on 8/3/2021 (dlw). (Entered: 08/03/2021)

2021-08-03

1

Download

[SEALED] REPLY BRIEF re 14 MOTION for Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 08/13/2021)

2021-08-13

1

View

[SEALED] DECLARATION of John E. Munro, Esq. re 39 Reply Brief by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Timlin, Tracey) Modified on 8/16/2021 (dlw). (Entered: 08/13/2021)

2021-08-13

1

View

REDACTED VERSION of 39 Reply Brief by Remote Media LLC, Vertigo Media, Inc. (Timlin, Tracey) Modified on 8/23/2021 (dlw). (Entered: 08/20/2021)

2021-08-20

1

View

REDACTED VERSION of 40 Declaration by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 REDACTED EXHIBIT A, # 2 REDACTED EXHIBIT B, # 3 REDACTED EXHIBIT C, # 4 REDACTED EXHIBIT D, # 5 REDACTED EXHIBIT E)(Timlin, Tracey) Modified on 8/23/2021 (dlw). (Entered: 08/20/2021)

2021-08-20

1

View

REQUEST for Oral Argument by Remote Media LLC, Vertigo Media, Inc. re 14 MOTION for Preliminary Injunction . (Timlin, Tracey) (Entered: 08/20/2021)

2021-08-20

1

Download

REQUEST for Oral Argument by Earbuds Inc. re 14 MOTION for Preliminary Injunction . (Mayo, Andrew) (Entered: 08/20/2021)

2021-08-20

1

Download

ORAL ORDER Setting Hearing on 14 MOTION for Preliminary Injunction; 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a Motion Hearing is set for 10/13/2021 at 11:00 AM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside one (1) hour for the hearing with the time split equally between the parties. ORDERED by Judge Maryellen Noreika on 9/1/2021. (dlw) (Entered: 09/01/2021)

2021-09-01

1

View

Order Setting Hearing on Motion

2021-09-01

1

No Actions

ORDER re 14 MOTION for Preliminary Injunction - IT IS HEREBY ORDERED that, by 5:00 p.m. on October 5, 2021, Plaintiffs shall file a letter identifying no more than two patent claims for the Court to consider in connection with its motion for a preliminary injunction. IT IS FURTHER ORDERED that, by 5:00 p.m. on October 6, 2021, Defendant shall file a responsive letter identifying no more than two bases on which it will argue that Plaintiffs cannot show a "likelihood of success" for the two identified patent claims. Signed by Judge Maryellen Noreika on 10/4/2021. (dlw) (Entered: 10/04/2021)

2021-10-04

1

Download

Letter to The Honorable Maryellen Noreika from Tracey E. Timlin, Esq. regarding Plaintiffs' identification of two patent claims in connection with their Motion for Preliminary Injunction - re 46 Order,,. (Timlin, Tracey) (Entered: 10/05/2021)

2021-10-05

1

View

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding response to Plaintiffs' October 5, 2021 letter in connection with motion for preliminary injunction. (Mayo, Andrew) (Entered: 10/06/2021)

2021-10-06

1

View

ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 10/8/2021. (dlw) (Entered: 10/08/2021)

2021-10-08

1

View

Oral Order

2021-10-08

1

No Actions

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding notice of supplemental authority in connection with motion for preliminary injunction. (Mayo, Andrew) (Entered: 10/12/2021)

2021-10-12

1

Download

Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 10/13/2021 on the motion to dismiss (12) and motion for a preliminary injunction (14). After hearing arguments, the motion for a preliminary injunction is DENIED, and the motion to dismiss is GRANTED-IN-PART and DENIED-IN-PART. An order will be issued in due course containing the Court's reasoning. (Court Reporter Dale Hawkins.) (mdb)

2021-10-13

1

No Actions

~Util - Terminate Motions AND Motion Hearing

2021-10-13

1

No Actions

Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 10/13/2021 on the motion to dismiss ( 12 ) and motion for a preliminary injunction ( 14 ). After hearing arguments, the motion for a preliminary injunction is DENIED, and the motion to dismiss is GRANTED-IN-PART and DENIED-IN-PART. An order will be issued in due course containing the Court's reasoning. (Court Reporter Dale Hawkins.) (mdb)

2021-10-13

1

No Actions

MEMORANDUM ORDER re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter; MOTION to Dismiss for Failure to State a Claim, 14 MOTION for Preliminary Injunction - IT IS HEREBY ORDERED that 12 Defendant's motion to dis miss is GRANTED-IN-PART and DENIED-IN-PART and Remote Media LLC shall be dismissed as a plaintiff with respect to the '616 and '777 Patents. Plaintiffs' 14 motion for a preliminary injunction is DENIED. Signed by Judge Maryellen Noreika on 10/14/2021. (dlw)

2021-10-14

1

Download

ANSWER to Amended Complaint, re: 10 Amended Complaint, with Jury Demand by Earbuds Inc..(Mayo, Andrew) (Entered: 10/27/2021)

2021-10-27

1

Download

Add Attorneys - PHV only

2021-11-05

1

No Actions

Pro Hac Vice Attorney Douglas L. Bridges for Earbuds Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)

2021-11-05

1

No Actions

STIPULATION TO EXTEND TIME by which parties must submit a proposed schedule to November 15, 2021 - filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 11/08/2021)

2021-11-08

1

Download

SO ORDERED

2021-11-08

1

No Actions

SO ORDERED re 53 STIPULATION TO EXTEND TIME by which parties must submit a proposed schedule to November 15, 2021. ORDERED by Judge Maryellen Noreika on 11/8/2021. (dlw)

2021-11-08

1

No Actions

PROPOSED ORDER // Scheduling Order by Remote Media LLC, Vertigo Media, Inc. (Timlin, Tracey) Modified on 11/16/2021 (dlw). (Entered: 11/15/2021)

2021-11-15

1

Download

ORAL ORDER re 54 Proposed Scheduling Order - The parties in this case shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) at least three weeks before Plaintiffs serve their opening claim construction brief. The parties are encouraged to exchange proposed claim terms and proposed constructions early in the case and certainly prior to the deadline for final contentions. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. IT IS HEREBY ORDERED that, on or before November 29, 2021, the parties shall meet and confer and submit a revised proposed schedule consistent with this guidance. ORDERED by Judge Maryellen Noreika on 11/19/2021. (dlw) (Entered: 11/19/2021)

2021-11-19

1

View

Oral Order

2021-11-19

1

No Actions

PROPOSED ORDER // Scheduling Order by Remote Media LLC, Vertigo Media, Inc. (Timlin, Tracey) Modified on 11/30/2021 (dlw). (Entered: 11/29/2021)

2021-11-29

1

View

ORAL ORDER Setting Teleconference re 56 Proposed Scheduling Order - IT IS HEREBY ORDERED that a Telephone Conference is set for 12/3/2021 at 12:30 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 11/30/2021. (dlw) (Entered: 11/30/2021)

2021-11-30

1

View

Order Setting Teleconference

2021-11-30

1

No Actions

Telephone Conference

2021-12-03

1

No Actions

Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 12/3/2021 re proposed schedule ( 56 ). The parties shall confer and submit a revised proposed scheduling order in accordance with the Court's instructions by 12/10/2021. Case dispositive motions are due by 6/28/2023 and a 5-day jury trial is set for 1/22/2024. (Court Reporter Stacy Ingram.)(mdb)

2021-12-03

1

No Actions

Proposed SCHEDULING ORDER by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) Modified on 12/10/2021 (mdb). (Entered: 12/10/2021)

2021-12-10

1

Download

SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/1/2022. Amended Pleadings due by 6/1/2022. Fact Discovery completed by 7/25/2022. Opening Expert Reports due by 2/14/2023. Rebuttal Expert Reports due by 3/31/2023. Reply Expert Reports due by 4/21/2023. Expert Discovery due by 5/30/2023. Dispositive Motions due by 6/28/2023. Claim Construction Opening Brief served by 8/1/2022. Claim Construction Answering Brief served by 8/31/2022. Claim Construction Reply Brief served by 9/14/2022. Claim Construction Surreply Brief served by 9/24/2022. Joint Claim Construction Brief filed by 10/3/2022. A Markman Hearing is set for 10/26/2022 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. Proposed Pretrial Order due by 12/11/2023. A Pretrial Conference is set for 1/8/2024 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/22/2024 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 12/17/2021. (dlw) (Entered: 12/17/2021)

2021-12-17

1

View

Case Referred to Mediation - Magistrate Judge only

2021-12-20

1

No Actions

Oral Order

2021-12-20

1

No Actions

CASE REFERRED to Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)

2021-12-20

1

No Actions

ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Should any party (or all parties) desire to discuss mediation and its timing, the party(ies) shall contact Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov), to request that a teleconference be scheduled. Ordered by Judge Mary Pat Thynge on 12/20/2021. (Taylor, Daniel)

2021-12-20

1

No Actions

NOTICE OF SERVICE of Defendant Earbuds Inc.'s Initial Disclosures Under Fed. R. Civ. P. 26(a) filed by Earbuds Inc..(Mayo, Andrew) (Entered: 12/22/2021)

2021-12-22

1

View

NOTICE OF SERVICE of Plaintiffs' Rule 26(a)(1)(A) Initial Disclosures filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 12/22/2021)

2021-12-22

1

View

NOTICE OF SERVICE of Defendant Earbuds Inc.'s Initial Disclosures Pursuant to Delaware Default Standard for Discovery Paragraph 3 filed by Earbuds Inc..(Mayo, Andrew) (Entered: 01/03/2022)

2022-01-03

1

View

NOTICE OF SERVICE of (1) Plaintiffs Disclosure of Accused Products, Damages Model, and Asserted Patents; and (2) Plaintiffs Paragraph 3 Disclosures Pursuant to Default Standard for Discovery filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 01/05/2022)

2022-01-05

1

View

NOTICE OF SERVICE of Defendant Earbuds Inc.'s Production of Core Technical Documents and Sales Figures filed by Earbuds Inc..(Day, John) (Entered: 01/31/2022)

2022-01-31

1

View

NOTICE of Appearance by Monte Terrell Squire on behalf of Remote Media LLC, Vertigo Media, Inc. (Squire, Monte) (Entered: 02/11/2022)

2022-02-11

1

Download

NOTICE of Appearance by Rodger Dallery Smith, II on behalf of Remote Media LLC, Vertigo Media, Inc. (Smith, Rodger) (Entered: 02/14/2022)

2022-02-14

1

Download

STIPULATION and [Proposed] Order to Amend Scheduling Order by Remote Media LLC, Vertigo Media, Inc.. (Tigan, Jeremy) (Entered: 03/01/2022)

2022-03-01

1

Download

SO ORDERED re 67 Stipulation and Order to Amend Scheduling Order (Set/Reset Scheduling Order Deadlines: Fact Discovery completed by 9/7/2022. A Markman Hearing is set for 12/14/2022 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. Claim Construction Opening Brief served by 9/14/2022. Claim Construction Answering Brief served by 10/12/2022. Claim Construction Reply Brief served by 10/28/2022. Claim Construction Surreply Brief served by 11/7/2022. Joint Claim Construction Brief filed by 11/11/2022). SEE STIPULATION FOR FURTHER DETAILS. Signed by Judge Maryellen Noreika on 3/2/2022. (dlw) (Entered: 03/02/2022)

2022-03-02

1

View

NOTICE OF SERVICE of (1) Plaintiffs' First Set of Interrogatories (Nos. 1-7); and (2) Plaintiffs' Second Set of Requests for Production (Nos. 21-60) filed by Remote Media LLC, Vertigo Media, Inc..(Murray, Travis) (Entered: 03/08/2022)

2022-03-08

1

View

NOTICE of Withdrawal of Counsel (Tracey E. Timlin; Richard L. Renck; Monte T. Squire; Pro Hac Alain Villeneuve; Pro Hac John E. Munro (Timlin, Tracey) Modified on 3/16/2022 (dlw). (Entered: 03/15/2022)

2022-03-15

1

Download

Official Transcript of Motion to Dismiss Teleconference held on 10/13/2021 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 4/7/2022. Redacted Transcript Deadline set for 4/18/2022. Release of Transcript Restriction set for 6/15/2022. (dh) (Entered: 03/17/2022)

2022-03-17

1

View

NOTICE OF SERVICE of Plaintiffs' Initial Infringement Contentions filed by Remote Media LLC, Vertigo Media, Inc..(Murray, Travis) (Entered: 03/28/2022)

2022-03-28

1

View

Case No Longer Referred to Mediation - Magistrate Judge only

2022-04-04

1

No Actions

CASE NO LONGER REFERRED to Chief Magistrate Judge Thynge for the purpose of exploring ADR. Pursuant to the Court's Standing Order No. 2022-2, dated March 14, 2022, "[u]nless otherwise directed by the Court, Magistrate Judges will no longer engage in alternative dispute resolution of patent and securities cases." See also 28 U.S.C. § 652(b). (Taylor, Daniel)

2022-04-04

1

No Actions

NOTICE OF SERVICE of Defendant's Objections and Responses to Plaintiffs' First Set of Interrogatories (Nos. 1-7) and Defendant's Objections and Responses to Plaintiffs' Second Set of Requests for Production (Nos. 21-60) filed by Earbuds Inc..(Mayo, Andrew) (Entered: 04/08/2022)

2022-04-08

1

View

PROPOSED ORDER -- Stipulated Protective Order Governing the Designation and Handling of Confidential Materials by Remote Media LLC, Vertigo Media, Inc.. (Tigan, Jeremy) (Entered: 04/21/2022)

2022-04-21

1

View

STIPULATED PROTECTIVE ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS. Signed by Judge Maryellen Noreika on 4/22/2022. (dlw) (Entered: 04/22/2022)

2022-04-22

1

View

STIPULATION TO EXTEND TIME by which defendant must serve its initial invalidity contentions to May 27, 2022 - filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 05/11/2022)

2022-05-11

1

Download

SO ORDERED

2022-05-11

1

No Actions

SO ORDERED re 76 STIPULATION TO EXTEND TIME by which defendant must serve its initial invalidity contentions to May 27, 2022. ORDERED by Judge Maryellen Noreika on 5/11/2022. (dlw)

2022-05-11

1

No Actions

STIPULATION and [Proposed] Order to Stay by Remote Media LLC, Vertigo Media, Inc.. (Tigan, Jeremy) (Entered: 05/27/2022)

2022-05-27

1

Download

SO ORDERED re 77 Stipulation and Order to Stay - IT IS HEREBY ORDERED that all deadlines in this case are STAYED until 6/30/2022. If the parties have not filed a stipulation of dismissal by 6/30/2022, they shall submit a joint status report. ORDERED by Judge Maryellen Noreika on 5/31/2022. (dlw)

2022-05-31

1

No Actions

SO ORDERED

2022-05-31

1

No Actions

Status Report

2022-06-30

1

Download

Oral Order

2022-06-30

1

No Actions

Status Report

2022-07-29

1

Download

Oral Order

2022-07-29

1

No Actions

Status Report

2022-08-12

1

Download

Oral Order

2022-08-12

1

No Actions

Status Report

2022-08-26

1

Download

Oral Order

2022-08-26

1

No Actions

Status Report

2022-09-09

1

Download

Oral Order

2022-09-12

1

No Actions

Stipulation of Dismissal

2022-09-16

1

Download

~Util - Terminate Civil Case AND SO ORDERED

2022-09-16

1

View

Patent/Trademark Report to Commissioner of Patents

2022-09-16

1

View

Overview

Parties

Defendant

Earbuds Inc. Follow

Represented By

Plaintiff

Remote Media LLC Follow

Represented By

Vertigo Media, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,549,024 B2; US 10,198,777 B2; US 10,116,616 B2. (kmd)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by Remote Media LLC, Vertigo Media, Inc. (kmd)

No Summons Issued. (kmd)

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

Return of Service Executed by Vertigo Media, Inc., Remote Media LLC. Earbuds Inc. served on 2/4/2021, answer due 2/25/2021. (Timlin, Tracey)

STIPULATION TO EXTEND TIME to Respond to the Complaint to March 29, 2021 - filed by Earbuds Inc.. (Mayo, Andrew)

SO ORDERED re 6 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to March 29, 2021 (Set/Reset Answer Deadlines: Earbuds Inc. answer due 3/29/2021). ORDERED by Judge Maryellen Noreika on 2/22/2021. (dlw)

~Util - Set/Reset Answer Deadline AND SO ORDERED

MOTION for Pro Hac Vice Appearance of Attorney Kayvan B. Noroozi and Douglas L. Bridges - filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 03/29/2021)

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim - filed by Earbuds Inc.. (Attachments: # 1 Text of Proposed Order)(Mayo, Andrew) (Entered: 03/29/2021)

OPENING BRIEF in Support re 8 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc..Answering Brief/Response due date per Local Rules is 4/12/2021. (Mayo, Andrew) (Entered: 03/29/2021)

SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Kayvan B. Noroozi and Douglas L. Bridges filed by Earbuds Inc. ORDERED by Judge Maryellen Noreika on 3/29/2021. (dlw)

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

AMENDED COMPLAINT for Patent Infringement against Earbuds Inc.- filed by Vertigo Media, Inc., Remote Media LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Redline)(Timlin, Tracey) Modified on 4/1/2021 (dlw). (Entered: 03/31/2021)

ORAL ORDER re 8 MOTION to Dismiss - In light of 10 Plaintiffs' Amended Complaint, the Court DENIES as MOOT 8 Defendant's Motion to Dismiss as it relates to 1 the Original Complaint. ORDERED by Judge Maryellen Noreika on 4/1/2021. (dlw) (Entered: 04/01/2021)

Oral Order

MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION to Dismiss for Failure to State a Claim - filed by Earbuds Inc.. (Attachments: # 1 Text of Proposed Order)(Mayo, Andrew) (Entered: 04/14/2021)

OPENING BRIEF in Support re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc..Answering Brief/Response due date per Local Rules is 4/28/2021. (Mayo, Andrew) (Entered: 04/14/2021)

MOTION for Preliminary Injunction - filed by Remote Media LLC, Vertigo Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Timlin, Tracey) (Entered: 04/21/2021)

OPENING BRIEF in Support re 14 MOTION for Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc..Answering Brief/Response due date per Local Rules is 5/5/2021. (Timlin, Tracey) (Entered: 04/21/2021)

DECLARATION of John E. Munro, Esq. re 15 Opening Brief in Support by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 Exhibit 1)(Timlin, Tracey) Modified on 4/21/2021 (dlw). (Entered: 04/21/2021)

CORRECTING ENTRY: Exhibit F has been added to D.I. 16 at the request of counsel. (dlw)

- CORRECTING ENTRY

ANSWERING BRIEF in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Remote Media LLC, Vertigo Media, Inc..Reply Brief due date per Local Rules is 5/5/2021. (Timlin, Tracey) (Entered: 04/28/2021)

STIPULATION and [Proposed] Order Regarding Discovery and Briefing Schedule for Plaintiffs' Motion for Preliminary Injunction by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 04/29/2021)

REPLY BRIEF re 12 MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION to Dismiss for Failure to State a Claim filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 05/05/2021)

NOTICE OF SERVICE of Plaintiffs' First Set of Requests for Production Related to Plaintiffs' Motion for a Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 05/07/2021)

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding Earbud's request for oral argument. (Mayo, Andrew) (Entered: 05/12/2021)

MOTION for Pro Hac Vice Appearance of Attorney John E. Munro - filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 05/12/2021)

SO ORDERED re 25 MOTION for Pro Hac Vice Appearance of Attorney John E. Munro filed by Vertigo Media, Inc., Remote Media LLC. ORDERED by Judge Maryellen Noreika on 5/12/2021. (dlw)

MOTION for Pro Hac Vice Appearance of Attorney Alain Villeneuve - filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 05/13/2021)

SO ORDERED re 26 MOTION for Pro Hac Vice Appearance of Attorney Alain Villeneuve filed by Vertigo Media, Inc., Remote Media LLC. ORDERED by Judge Maryellen Noreika on 5/13/2021. (dlw)

NOTICE OF SERVICE of Defendant's Objections and Responses to Plaintiffs' First Set of Requests for Production Related to Plaintiffs' Motion for a Preliminary Injunction filed by Earbuds Inc..(Mayo, Andrew) (Entered: 05/28/2021)

NOTICE to Take Deposition of Alain Villeneuve on June 22, 2021 filed by Earbuds Inc..(Mayo, Andrew) (Entered: 06/16/2021)

NOTICE of Appearance by Richard L. Renck on behalf of Remote Media LLC, Vertigo Media, Inc. (Renck, Richard) (Entered: 06/17/2021)

NOTICE of Change of Address for Richard L. Renck and Tracey E. Timlin by Remote Media LLC, Vertigo Media, Inc. (Renck, Richard) (Entered: 06/21/2021)

[SEALED] ANSWERING BRIEF in Opposition re 14 MOTION for Preliminary Injunction filed by Earbuds Inc. Reply Brief due date per 20 Stipulation and Order is 8/13/2021. (Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

[SEALED] DECLARATION of Justin Good re 32 Answering Brief in Opposition by Earbuds Inc. (Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

[SEALED] DECLARATION of Douglas L. Bridges re 32 Answering Brief in Opposition by Earbuds Inc. (Attachments: # 1 Exhibit A-E)(Mayo, Andrew) Modified on 7/22/2021 (dlw). (Entered: 07/21/2021)

NOTICE to Take Deposition of Justin Good on August 2, 2021, at 11:00 a.m. C.T., via Zoom Teleconference filed by Remote Media LLC, Vertigo Media, Inc..(Timlin, Tracey) (Entered: 07/26/2021)

REDACTED VERSION of 32 Answering Brief in Opposition by Earbuds Inc.. (Day, John) (Entered: 08/02/2021)

REDACTED VERSION of 33 Declaration by Earbuds Inc. (Day, John) Modified on 8/2/2021 (dlw). (Entered: 08/02/2021)

REDACTED VERSION of 34 Declaration by Earbuds Inc. (Day, John) Modified on 8/3/2021 (dlw). (Entered: 08/03/2021)

[SEALED] REPLY BRIEF re 14 MOTION for Preliminary Injunction filed by Remote Media LLC, Vertigo Media, Inc.. (Timlin, Tracey) (Entered: 08/13/2021)

[SEALED] DECLARATION of John E. Munro, Esq. re 39 Reply Brief by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Timlin, Tracey) Modified on 8/16/2021 (dlw). (Entered: 08/13/2021)

REDACTED VERSION of 39 Reply Brief by Remote Media LLC, Vertigo Media, Inc. (Timlin, Tracey) Modified on 8/23/2021 (dlw). (Entered: 08/20/2021)

REDACTED VERSION of 40 Declaration by Remote Media LLC, Vertigo Media, Inc. (Attachments: # 1 REDACTED EXHIBIT A, # 2 REDACTED EXHIBIT B, # 3 REDACTED EXHIBIT C, # 4 REDACTED EXHIBIT D, # 5 REDACTED EXHIBIT E)(Timlin, Tracey) Modified on 8/23/2021 (dlw). (Entered: 08/20/2021)

REQUEST for Oral Argument by Remote Media LLC, Vertigo Media, Inc. re 14 MOTION for Preliminary Injunction . (Timlin, Tracey) (Entered: 08/20/2021)

REQUEST for Oral Argument by Earbuds Inc. re 14 MOTION for Preliminary Injunction . (Mayo, Andrew) (Entered: 08/20/2021)

Order Setting Hearing on Motion

Letter to The Honorable Maryellen Noreika from Tracey E. Timlin, Esq. regarding Plaintiffs' identification of two patent claims in connection with their Motion for Preliminary Injunction - re 46 Order,,. (Timlin, Tracey) (Entered: 10/05/2021)

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding response to Plaintiffs' October 5, 2021 letter in connection with motion for preliminary injunction. (Mayo, Andrew) (Entered: 10/06/2021)

Oral Order

Letter to The Honorable Maryellen Noreika from Andrew C. Mayo regarding notice of supplemental authority in connection with motion for preliminary injunction. (Mayo, Andrew) (Entered: 10/12/2021)

~Util - Terminate Motions AND Motion Hearing

ANSWER to Amended Complaint, re: 10 Amended Complaint, with Jury Demand by Earbuds Inc..(Mayo, Andrew) (Entered: 10/27/2021)

Add Attorneys - PHV only

Pro Hac Vice Attorney Douglas L. Bridges for Earbuds Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)

STIPULATION TO EXTEND TIME by which parties must submit a proposed schedule to November 15, 2021 - filed by Earbuds Inc.. (Mayo, Andrew) (Entered: 11/08/2021)

SO ORDERED

SO ORDERED re 53 STIPULATION TO EXTEND TIME by which parties must submit a proposed schedule to November 15, 2021. ORDERED by Judge Maryellen Noreika on 11/8/2021. (dlw)

PROPOSED ORDER // Scheduling Order by Remote Media LLC, Vertigo Media, Inc. (Timlin, Tracey) Modified on 11/16/2021 (dlw). (Entered: 11/15/2021)

Oral Order

Earbuds Inc.

Remote Media LLC

Vertigo Media, Inc.