WhatsApp LLC v. AGIS Software Development LLC

5:21-cv-03076

Overview

Case Number 5:21-cv-03076

Filing Date 2021-04-27

Status Litigation filed

Court District Court, N.D. California

Nature of Suit 830 Patent

Parties

Third Party Plaintiff

Smith Micro Software, LLC

Represented By

1 Attorneys Listed

Robert William Dickerson , Jr

Competition & Technology Law Group llp

Tel: +1 (213) 610-1676

Fax: +1 (213) 799-3642

11400 West Olympic Blvd., Ste 200

Smith Micro Software, Inc.

Represented By

1 Attorneys Listed

Robert William Dickerson , Jr

Competition & Technology Law Group llp

Tel: +1 (213) 610-1676

Fax: +1 (213) 799-3642

11400 West Olympic Blvd., Ste 200

Defendant

AGIS Software Development LLC

Represented By

6 Attorneys Listed

Vincent J. Rubino , III

Fabricant LLP

Tel: +1 (212) 257-5797

411 Theodore Fremd Road, Suite 206 South, Rye, NY 10580

Minna Jay

Russ, August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

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

Peter Lambrianakos

Fabricant LLP

Tel: +1 (212) 257-5797

411 Theodore Fremd Road, Suite 206 South, Rye, NY 10580

Enrique Iturralde

Fabricant LLP

Tel: +1 (212) 257-5797

411 Theodore Fremd Road, Suite 206, South Rye, NY 10580

Benjamin T. Wang

Russ, August & Kabat

Tel: +1 (310) 826-7474

Fax: +1 (310) 826-6991

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

Alfred Ross Fabricant

Fabricant LLP

Tel: +1 (212) 257-5797

411 Theodore Fremd Road, Suite 206 South, Rye, NY 10580

Plaintiff

WhatsApp LLC

Represented By

5 Attorneys Listed

Lisa Kim Anh Nguyen

Paul Hastings LLP

Tel: +1 (650) 320-1800

Fax: +1 (650) 320-1900

1117 S. California Ave, Palo Alto, CA 94304

Tiffany Chantel Weston

Latham and Watkins LLP

Tel: +1 (202) 637-2200

Fax: +1 (202) 637-2201

555 Eleventh Street, NW Suite 1000, Washington, DC 20004

Richard Gregory Frenkel

Latham & Watkins LLP

Tel: +1 (650) 328-4600

Fax: +1 (650) 463-2600

140 Scott Drive, Menlo Park, CA 94025-1008

Clara Wing-kwan Wang

Latham & Watkins LLP

Tel: +1 (650) 328-4600

140 Scott Drive, Menlo Park, CA 94025-1008

Alan Michael Billharz

Paul Hastings LLP

Tel: +1 (202) 551-1927

Fax: +1 (202) 551-0427

2050 M Street NW, Washington, DC 20036

Court & Judges

Court

District Court, N.D. California

Presiding Judge

Beth Labson Freeman

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT against AGIS Software Development LLC ( Filing fee $ 402, receipt number 0971-15894854.). Filed byWhatsApp LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

2021-04-27

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COMPLAINT against AGIS Software Development LLC ( Filing fee $ 402, receipt number 0971-15894854.). Filed byWhatsApp LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

2021-04-27

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COMPLAINT against AGIS Software Development LLC ( Filing fee $ 402, receipt number 0971-15894854.). Filed byWhatsApp LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

2021-04-27

View

COMPLAINT against AGIS Software Development LLC ( Filing fee $ 402, receipt number 0971-15894854.). Filed byWhatsApp LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet)(Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

2021-04-27

View

WhatsApp LLC v. AGIS Software Development LLC

Overview

Parties

Third Party Plaintiff

Smith Micro Software, LLC Follow

Represented By

Smith Micro Software, Inc. Follow

Represented By

Defendant

AGIS Software Development LLC Follow

Represented By

Plaintiff

WhatsApp LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Proposed Summons. (Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

REPORT on the filing or determination of an action regarding a patent (cc: form mailed to register). (Attachments: # 1 Exhibit A)(Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

Corporate Disclosure Statement by WhatsApp LLC identifying Corporate Parent Facebook, Inc. for WhatsApp LLC. and L.R. 3-15 Certification of Interested Entities (Nguyen, Lisa) (Filed on 4/27/2021) (Entered: 04/27/2021)

NOTICE of Appearance by Richard Gregory Frenkel (Frenkel, Richard) (Filed on 4/27/2021) (Entered: 04/27/2021)

NOTICE of Appearance by Clara Wing-kwan Wang (Wang, Clara) (Filed on 4/27/2021) (Entered: 04/27/2021)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15895111.) filed by WhatsApp LLC. (Weston, Tiffany) (Filed on 4/27/2021) (Entered: 04/27/2021)

~Util - Case Assigned by Intake

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/26/2021. Initial Case Management Conference set for 8/2/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 4/29/2021) (Entered: 04/29/2021)

Summons Issued as to AGIS Software Development LLC. (fabS, COURT STAFF) (Filed on 4/29/2021) (Entered: 04/29/2021)

REPORT on the filing or determination of an action regarding patent (cc: form mailed to register). (fabS, COURT STAFF) (Filed on 4/29/2021) (Entered: 04/29/2021)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by WhatsApp LLC.. (Nguyen, Lisa) (Filed on 5/12/2021) (Entered: 05/12/2021)

Clerk's Notice of Impending Reassignment - Text Only

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

ORDER GRANTING 7 APPLICATION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 5/18/2021.(blflc4S, COURT STAFF) (Filed on 5/18/2021) (Entered: 05/18/2021)

WAIVER OF SERVICE Returned Executed filed by WhatsApp LLC. Service waived by AGIS Software Development LLC waiver sent on 6/7/2021, answer due 8/6/2021. (Frenkel, Richard) (Filed on 6/7/2021) (Entered: 06/07/2021)

MOTION for leave to appear in Pro Hac Vice Alfred R. Fabricant ( Filing fee $ 317, receipt number 0971-16139510.) filed by AGIS Software Development LLC. (Wang, Benjamin) (Filed on 7/2/2021) (Entered: 07/02/2021)

MOTION for leave to appear in Pro Hac Vice Enrique Iturralde ( Filing fee $ 317, receipt number 0971-16139525.) filed by AGIS Software Development LLC. (Wang, Benjamin) (Filed on 7/2/2021) (Entered: 07/02/2021)

MOTION for leave to appear in Pro Hac Vice Peter Lambrianakos ( Filing fee $ 317, receipt number 0971-16139537.) filed by AGIS Software Development LLC. (Wang, Benjamin) (Filed on 7/2/2021) (Entered: 07/02/2021)

MOTION for leave to appear in Pro Hac Vice Vincent J. Rubino ( Filing fee $ 317, receipt number 0971-16139550.) filed by AGIS Software Development LLC. (Wang, Benjamin) (Filed on 7/2/2021) (Entered: 07/02/2021)

ORDER GRANTING 18 APPLICATION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/6/2021.(blflc4S, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)

ORDER GRANTING 19 APPLICATION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/6/2021.(blflc4S, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)

ORDER GRANTING 20 APPLICATION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/6/2021.(blflc4S, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)

ORDER GRANTING 21 APPLICATION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/6/2021.(blflc4S, COURT STAFF) (Filed on 7/6/2021) (Entered: 07/06/2021)

NOTICE of Appearance by Minna Y Chan (Chan, Minna) (Filed on 7/19/2021) (Entered: 07/19/2021)

NOTICE of Appearance by Benjamin T. Wang (Wang, Benjamin) (Filed on 7/19/2021) (Entered: 07/19/2021)

STIPULATION re 1 Complaint, filed by AGIS Software Development LLC. (Wang, Benjamin) (Filed on 7/26/2021) (Entered: 07/26/2021)

ORDER APPROVING 28 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT. Signed by Judge Beth Labson Freeman on 7/27/2021. (blflc4S, COURT STAFF) (Filed on 7/27/2021) (Entered: 07/27/2021)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16228982.) filed by WhatsApp LLC. (Billharz, Alan) (Filed on 7/29/2021) (Entered: 07/29/2021)

ORDER GRANTING 30 MOTION FOR PRO HAC VICE. Signed by Judge Beth Labson Freeman on 7/29/2021.(blflc4S, COURT STAFF) (Filed on 7/29/2021) (Entered: 07/29/2021)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Nguyen, Lisa) (Filed on 8/12/2021) (Entered: 08/12/2021)

STIPULATION and Proposed Order selecting Private ADR by WhatsApp LLC filed by WhatsApp LLC. (Nguyen, Lisa) (Filed on 8/12/2021) (Entered: 08/12/2021)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wang, Benjamin) (Filed on 8/12/2021) (Entered: 08/12/2021)

ORDER GRANTING 33 STIPULATION SELECTING ADR PROCESS. Signed by Judge Beth Labson Freeman on 8/12/2021.(blflc4S, COURT STAFF) (Filed on 8/17/2021) Modified on 8/17/2021 (blflc4S, COURT STAFF). (Entered: 08/17/2021)

CASE REFERRED to Private ADR. (cmfS, COURT STAFF) (Filed on 8/17/2021)

Case Referred to Private ADR

NOTICE of Pendency of Other Action Involving Same Patent by AGIS Software Development LLC (Wang, Benjamin) (Filed on 8/20/2021) (Entered: 08/20/2021)

ADMINISTRATIVE MOTION to Consider Whether Cases Should be Related filed by Smith Micro Software, Inc., Smith Micro Software, LLC. Responses due by 8/30/2021. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Dickerson, Robert) (Filed on 8/24/2021) (Entered: 08/24/2021)

NOTICE by AGIS Software Development LLC re 37 MOTION to Dismiss Complaint for Declaratory Judgment AMENDED NOTICE OF HEARING DATE REGARDING MOTION TO DISMISS COMPLAINT (Wang, Benjamin) (Filed on 8/25/2021) (Entered: 08/25/2021)

STIPULATION re RELATED CASES filed by Smith Micro Software, Inc., Smith Micro Software, LLC. (Dickerson, Robert) (Filed on 8/25/2021) (Entered: 08/25/2021)

RELATED CASE ORDER. Signed by Judge Beth Labson Freeman on 8/25/2021. (blflc4S, COURT STAFF) (Filed on 8/26/2021) (Entered: 08/26/2021)

ORDER GRANTING 42 DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO ATTEND THE SEPTEMBER 2, 2021 CASE MANAGEMENT CONFERENCE VIA ZOOM. Signed by Judge Beth Labson Freeman on 8/26/2021.(blflc4S, COURT STAFF) (Filed on 8/26/2021) (Entered: 08/26/2021)

JOINT CASE MANAGEMENT STATEMENT filed by WhatsApp LLC. (Nguyen, Lisa) (Filed on 8/26/2021) (Entered: 08/26/2021)

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice Setting Zoom Hearing

TRANSCRIPT ORDER for proceedings held on 9/2/2021 before Judge Beth Labson Freeman by WhatsApp LLC, for Court Reporter FTR - San Jose. (Nguyen, Lisa) (Filed on 9/3/2021) Transcriber: Joan Columbini Modified on 9/7/2021 (jy, COURT STAFF). (Entered: 09/03/2021)

~Util - Set Hearings AND Case Management Conference - Initial

TRANSCRIPT ORDER before Judge Beth Labson Freeman by AGIS Software Development LLC, for Court Reporter FTR - San Jose. (Chan, Minna) Transcriber: Joan Columbini (Filed on 9/8/2021) Modified on 9/8/2021 (sp, COURT STAFF). (Entered: 09/08/2021)

STIPULATION WITH PROPOSED ORDER Notice of Settlement and Joint Motion and Stipulation to Stay Proceedings and [Proposed] Order filed by WhatsApp LLC. (Nguyen, Lisa) (Filed on 9/13/2021) (Entered: 09/13/2021)

ORDER GRANTING 50 STIPULATION TO STAY PROCEEDINGS. Signed by Judge Beth Labson Freeman on 9/13/2021. (blflc4S, COURT STAFF) (Filed on 9/13/2021) (Entered: 09/13/2021)

Joint MOTION to Dismiss Action and [Proposed] Order filed by WhatsApp LLC. Responses due by 10/15/2021. Replies due by 10/22/2021. (Nguyen, Lisa) (Filed on 10/1/2021) (Entered: 10/01/2021)

ORDER GRANTING 53 JOINT MOTION TO DISMISS ACTION. Signed by Judge Beth Labson Freeman on 10/1/2021. (blflc4S, COURT STAFF) (Filed on 10/1/2021) (Entered: 10/01/2021)

Track Case Updates

Smith Micro Software, LLC

Smith Micro Software, Inc.

AGIS Software Development LLC

WhatsApp LLC