WSOU Investments LLC v. F5, Inc.

23-1427

Overview

Case Number 23-1427

Filing Date 2023-01-24

Status Terminated

Termination Date 2025-04-17

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

Defendant - Appellee

F5, INC., fka F5 Networks, Inc.

Represented By

5 Attorneys Listed

Angela Campbell Tarasi

King & Spalding LLP

1401 Lawrence Street, Denver, CO 80202

Ryan A. Schmid, -

King & Spalding LLP

1700 Pennsylvania Avenue, NW, Washington, DC 20006

Brent P. Ray, Attorney

Arnold & Porter Kaye Scholer LLP

Suite 4200, 70 West Madison Street

David Shane Brun, Esq.

King & Spalding LLP

Suite 150, 245 Lytton Avenue

Jonathan Weinberg

King & Spalding LLP

1700 Pennsylvania Avenue, NW, Washington, DC 20006

F5 NETWORKS, INC.

Represented By

0 Attorneys Listed

No attorneys available

Plaintiff - Appellant

WSOU INVESTMENTS LLC, dba Brazos Licensing and Development

Represented By

2 Attorneys Listed

Mark Siegmund, Attorney

Cherry Johnson Siegmund James, PC

2nd Floor, 7901 Fish Pond Road

Ari B. Rafilson, Attorney

Cherry Johnson Siegmund James PC

Suite 105, 8140 Walnut Hill Lane

Court & Judges

Court

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Appeal docketed. Received: 01/12/2023. [899135]Entry of Appearance due 02/07/2023. Certificate of Interest is due on 02/07/2023. Docketing Statement due 02/07/2023. Appellant/Petitioner's brief is due 03/27/2023. [KMH] [Entered: 01/24/2023 02:18 PM]

2023-01-24

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Entry of Appearance for Jonathan Weinberg; David Shane Brun; Brent P. Ray; Ryan A. Schmid; Angela C. Tarasi as counsel for Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902730] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:56 PM]

2023-02-07

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Certificate of Interest for Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902731] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:57 PM]

2023-02-07

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Docketing Statement for the Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902732] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:59 PM]

2023-02-07

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WSOU Investments LLC v. F5, Inc.

Overview

Parties

Defendant - Appellee

F5, INC., fka F5 Networks, Inc. Follow

Represented By

F5 NETWORKS, INC. Follow

Represented By

Plaintiff - Appellant

WSOU INVESTMENTS LLC, dba Brazos Licensing and Development Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 01/12/2023. [899135]Entry of Appearance due 02/07/2023. Certificate of Interest is due on 02/07/2023. Docketing Statement due 02/07/2023. Appellant/Petitioner's brief is due 03/27/2023. [KMH] [Entered: 01/24/2023 02:18 PM]

Entry of Appearance for Jonathan Weinberg; David Shane Brun; Brent P. Ray; Ryan A. Schmid; Angela C. Tarasi as counsel for Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902730] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:56 PM]

Certificate of Interest for Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902731] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:57 PM]

Docketing Statement for the Appellee F5 Networks, Inc.. Service: 02/07/2023 by email. [902732] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 05:59 PM]

MOTION of Appellee F5 Networks, Inc. to modify the official caption. Service: 02/07/2023 by email. [902733] [23-1427] [Jonathan Weinberg] [Entered: 02/07/2023 06:05 PM]

Certificate of Interest for Appellant WSOU Investments LLC. Service: 02/07/2023 by email. [902761] [23-1427] [Jonathan Waldrop] [Entered: 02/07/2023 09:24 PM]

Docketing Statement for the Appellant WSOU Investments LLC. Service: 02/07/2023 by email. [902762] [23-1427] [Jonathan Waldrop] [Entered: 02/07/2023 09:25 PM]

MOTION of Appellant WSOU Investments LLC to extend the time to 05/24/2023 to file brief. Service: 02/23/2023 by email. [905974] [23-1427] [Jonathan Waldrop] [Entered: 02/23/2023 04:27 PM]

ORDER granting motion to modify the official caption [5] to the extent that the revised official and short captions are reflected in this order. Service as of this date by the Clerk of Court. [906095] [LMS] [Entered: 02/24/2023 10:21 AM]

Amended Certificate of Interest for Appellant WSOU Investments LLC. Service: 05/24/2023 by email. [925720] [23-1427] [Jonathan Waldrop] [Entered: 05/24/2023 04:38 PM]

MOTION of Appellee F5, Inc. to extend the time to 08/02/2023 to file brief. Service: 06/09/2023 by email. [929071] [23-1427]--[Edited 06/12/2023 by KMH to correct deadline in docket text] [Jonathan Weinberg] [Entered: 06/09/2023 04:06 PM]

MOTION of Appellant WSOU Investments LLC to take judicial notice. Service: 06/16/2023 by email. [930795] [23-1427] [Jonathan Waldrop] [Entered: 06/16/2023 06:51 PM]

Letter from Appellee F5, Inc. regarding Intent to File Response to Motion for Judicial Notice. Service: 06/20/2023 by email. [930909] [23-1427] [Jonathan Weinberg] [Entered: 06/20/2023 10:53 AM]

RESPONSE of Appellee F5, Inc. to Doc No. [17]. Service: 06/22/2023 by email. [931553] [23-1427] [Jonathan Weinberg] [Entered: 06/22/2023 08:43 AM]

REPLY of Appellant WSOU Investments LLC to response [19]. Service: 06/29/2023 by email. [933195] [23-1427] [Jonathan Waldrop] [Entered: 06/29/2023 01:45 PM]

ORDER staying the briefing schedule pending the court's ruling on the motion [17]. Service as of this date by the Clerk of Court. [933451] [LMS] [Entered: 06/30/2023 09:53 AM]

MOTION of Appellee F5, Inc. to extend the time to 10/12/2023 to file brief. Service: 08/17/2023 by email. [944105] [23-1427] [Jonathan Weinberg] [Entered: 08/17/2023 05:41 PM]

ORDER granting motion to extend time to file brief [23] filed by Appellee F5, Inc. The response brief is due 10/12/2023. Service as of this date by the Clerk of Court. [944627] [LMS] [Entered: 08/21/2023 03:41 PM]

MOTION of Appellee F5, Inc. to extend the time to 10/26/2023 to file brief. Service: 09/29/2023 by email. [953440] [23-1427] [Jonathan Weinberg] [Entered: 09/29/2023 03:16 PM]

ORDER granting motion to extend time to file brief [25] filed by Appellee F5, Inc. The response brief is due 10/26/2023. Service as of this date by the Clerk of Court. [954450] [LMS] [Entered: 10/04/2023 03:14 PM]

MOTION of Appellant WSOU Investments LLC to extend the time to 01/25/2024 to file brief. Service: 10/30/2023 by email. [960197] [23-1427] [Jonathan Waldrop] [Entered: 10/30/2023 08:32 PM]

ORDER granting motion to extend time to file brief [28] filed by Appellant WSOU Investments LLC. The reply brief is due 01/25/2024. Service as of this date by the Clerk of Court. [961594] [LMS] [Entered: 11/06/2023 12:59 PM]

Amended Certificate of Interest for Appellee F5, Inc.. Service: 11/16/2023 by email. [963872] [23-1427] [Jonathan Weinberg] [Entered: 11/16/2023 11:18 AM]

MOTION of Appellant WSOU Investments LLC to extend the time to 02/26/2024 to file brief. Service: 01/16/2024 by email. [976962] [23-1427] [Jonathan Waldrop] [Entered: 01/16/2024 08:48 PM]

ORDER granting motion to extend time to file brief [31] filed by Appellant WSOU Investments LLC. The reply brief is due 02/26/2024. Service as of this date by the Clerk of Court. [978203] [LMS] [Entered: 01/22/2024 03:01 PM]

CONFIDENTIAL REPLY BRIEF FILED by Appellant WSOU Investments LLC. Service: 02/26/2024 by email. [986631] [23-1427] This document is non-compliant. See Doc No.[35] [Jonathan Waldrop] [Entered: 02/26/2024 05:41 PM]

REPLY BRIEF FILED by Appellant WSOU Investments LLC. Service: 02/26/2024 by email. [986632] [23-1427] This document is non-compliant. See Doc No.[35] [Jonathan Waldrop] [Entered: 02/26/2024 05:42 PM]

MODIFIED ENTRY: CORRECTED OPENING BRIEF FILED by Appellant WSOU Investments LLC. Service: 02/27/2024 by email. [987035]--[Edited 02/28/2024 by JSP - compliance review complete] [Jonathan Waldrop] [Entered: 02/27/2024 05:13 PM]

MODIFIED ENTRY: CORRECTED REPLY BRIEF FILED by Appellant WSOU Investments LLC. Service: 02/27/2024 by email. [987036] --[Edited 02/28/2024 by JSP - compliance review complete] [Jonathan Waldrop] [Entered: 02/27/2024 05:14 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL REPLY BRIEF FILED by Appellant WSOU Investments LLC. Service: 02/27/2024 by email. [987038]--[Edited 02/28/2024 by JSP - compliance review complete] [Jonathan Waldrop] [Entered: 02/27/2024 05:16 PM]

APPENDIX FILED by Appellant WSOU Investments LLC. Service: 03/04/2024 by email. [988242] [23-1427] This document is non-compliant. See Doc No.[41] [Jonathan Waldrop] [Entered: 03/04/2024 07:04 PM]

CONFIDENTIAL APPENDIX FILED by Appellant WSOU Investments LLC. Service: 03/04/2024 by email. [988243] [23-1427] This document is non-compliant. See Doc No.[41] [Jonathan Waldrop] [Entered: 03/04/2024 07:07 PM]

MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant WSOU Investments LLC. Service: 03/07/2024 by email. [989246] --[Edited 03/11/2024 by JSP - compliance review complete] [Jonathan Waldrop] [Entered: 03/07/2024 06:40 PM]

MODIFIED ENTRY:CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant WSOU Investments LLC. Service: 03/07/2024 by email. [989248]--[Edited 03/11/2024 by JSP - compliance review complete] [Jonathan Waldrop] [Entered: 03/07/2024 06:43 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [989688] [JSP] [Entered: 03/11/2024 10:32 AM]

NOTICE OF NON-COMPLIANCE: The paper copies (Doc. No. [27]) provided by F5, Inc. are not in compliance with the rules of this court (see attached). Corrected paper copies are due within 5 business days. Service as of this date by the Clerk of Court. [990156] [IMH] [Entered: 03/12/2024 02:37 PM]

6 paper copies of Doc. No. [27] received from Appellee F5, Inc.. [990309] [IMH] [Entered: 03/13/2024 09:48 AM]

6 paper copies of Doc. No. [43], [38], [36] received from Appellant WSOU Investments LLC. [990433] [VDW] [Entered: 03/13/2024 01:42 PM]

Notice from Appellant WSOU Investments LLC regarding conflicts with oral argument. Service: 03/18/2024 by email. [991344] [23-1427] [Jonathan Waldrop] [Entered: 03/18/2024 03:46 PM]

Notice from Appellee F5, Inc. regarding conflicts with oral argument. Service: 03/18/2024 by email. [991358] [23-1427] [Jonathan Weinberg] [Entered: 03/18/2024 04:16 PM]

The following conflict dates submitted by Jonathan K. Waldrop for WSOU Investments LLC have been accepted by the court: 05/06/2024, 05/07/2024, 05/08/2024, 05/09/2024, 05/10/2024, 06/03/2024, 06/04/2024, 06/05/2024, 06/06/2024, 06/07/2024. [991505] [MJL] [Entered: 03/19/2024 11:31 AM]

Entry of Appearance for Ari Rafilson; Mark Siegmund as counsel for Appellant WSOU Investments LLC. Service: 07/29/2024 by email. [1021216] [23-1427] This document is non-compliant. See Doc No.[53] [Ari Rafilson] [Entered: 07/29/2024 05:15 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellant WSOU Investments LLC, Entry of Appearance [52], is not in compliance with the rules of this court (see attached). Compliant document due on 08/06/2024. Service as of this date by the Clerk of Court. [1021371] [IMH] [Entered: 07/30/2024 11:13 AM]

Corrected Entry of Appearance for Ari Rafilson; Mark Siegmund as counsel for Appellant WSOU Investments LLC. Service: 08/01/2024 by email. [1022251] [23-1427] [Ari Rafilson] [Entered: 08/01/2024 04:56 PM]

Notice from Appellee F5, Inc. regarding conflicts with oral argument. Service: 10/25/2024 by email. [1042679] [23-1427] [Jonathan Weinberg] [Entered: 10/25/2024 02:13 PM]

The following conflict dates submitted by Jonathan Weinberg for F5, Inc. have been accepted by the court: 01/06/2025, 01/07/2025, 01/08/2025. [1042710] [MJL] [Entered: 10/25/2024 03:04 PM]

Response to notice of oral argument from Appellee F5, Inc.. Service: 01/27/2025 by email. [1064158] [23-1427] [Jonathan Weinberg] [Entered: 01/27/2025 04:54 PM]

Response to notice of oral argument from Appellant WSOU Investments LLC. Service: 01/27/2025 by email. [1064219] [23-1427] [Ari Rafilson] [Entered: 01/27/2025 09:16 PM]

Amended Certificate of Interest for Appellant WSOU Investments LLC. Service: 02/25/2025 by email. [1071453] [23-1427] [Ari Rafilson] [Entered: 02/25/2025 07:05 PM]

RESPONSE of Appellant WSOU Investments LLC and Appellee F5, Inc. to Doc. No. [64], [64], [64]. Service: 02/27/2025 by email. [1072072] [23-1427] [Ari Rafilson] [Entered: 02/27/2025 08:05 PM]

Mandate issued to the United States District Court for the Western District of Washington. Service as of this date by the Clerk of Court. [1072263]. Mandate has been recalled pursuant to the court's order. See Doc. No. [70] [MVH] [Entered: 02/28/2025 02:34 PM]

RESPONSE of Appellant WSOU Investments LLC to Doc. No. [67], [67], [67], [67], [67]. Service: 03/04/2025 by email. [1072755] [23-1427] [Ari Rafilson] [Entered: 03/04/2025 09:42 AM]

ORDER filed. The mandate is recalled, the order issued 2/28/25 [67] is vacated, the appeal is reinstated, and the appeal will proceed to oral argument on 3/5/25. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [1072857] [MVH] [Entered: 03/04/2025 12:35 PM]

Notice from Appellant WSOU Investments LLC Notice of Withdrawal of Non-Principal Counsel. Service: 03/04/2025 by email. [1072878] [23-1427] [Joshua Whitehill] [Entered: 03/04/2025 01:01 PM]

Submitted after ORAL ARGUMENT to Panel: Taranto, Circuit Judge; Hughes, Circuit Judge and Barnett, Judge.Arguing counsel: Mr. Ari B. Rafilson for WSOU Investments LLC and Jonathan Weinberg for F5, Inc.Oral Argument Audio available here. [1073159] [JCP] [Entered: 03/05/2025 10:40 AM]

ORDER consolidating appeals 23-1427, 25-1505. Service as of this date by the Clerk of Court. [1073889] [23-1427, 25-1505] [JSP] [Entered: 03/07/2025 01:41 PM]

Note to File: The following cases are consolidated: 23-1427 with 25-1505 consolidated member case. The parties must file all documents in the lead appeal only. [1073890] [23-1427, 25-1505] [JSP] [Entered: 03/07/2025 01:42 PM]

OPINION filed for the court by Taranto, Circuit Judge; Hughes, Circuit Judge and Barnett, Chief Judge. Nonprecedential Opinion. Service as of this date by the Clerk of Court. [1083312] [23-1427, 25-1505] [MVH] [Entered: 04/17/2025 10:22 AM]

Mandate issued to the United States District Court for the Western District of Washington. Service as of this date by the Clerk of Court. [1092068] [23-1427, 25-1505] [MVH] [Entered: 05/27/2025 11:28 AM]

Track Case Updates

F5, INC., fka F5 Networks, Inc.

F5 NETWORKS, INC.

WSOU INVESTMENTS LLC, dba Brazos Licensing and Development