ZapFraud, Inc. v. FireEye, Inc.

1:19-cv-01688

Overview

Case Number 1:19-cv-01688

Filing Date 2019-09-10

Status Terminated

Termination Date 2021-03-25

Court District Court, D. Delaware (ded)

Presiding Judge Colm F. Connolly

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Plaintiff

Parties

FireEye, Inc.

2 Attorneys Listed

Wilson Sonsini Goodrich & Rosati

Tel: +1 (302) 304-7615

Wilson Sonsini Goodrich & Rosati, 222 Delaware Ave

Morris, Nichols, Arsht & Tunnell LLP

Tel: +1 (302) 351-9454

1201 North Market Street, P.O. Box 1347

ZapFraud, Inc.

4 Attorneys Listed

UNDELIVERABLE EMAIL 9/2/2021

Tel: +1 (302) 777-0338

Fax: +1 (302) 421-5870

919 North Market Street, 12th Floor

Email: jmcdavit@desmaraisllp.com

Tel: +1 (302) 777-0300

Fax: +1 (302) 777-0301

919 North Market Street, 12th Floor

District Court, D. Delaware (ded)

Presiding Judge

Colm F. Connolly

Patents Involved

There are 2 patents involved in this case.

Application Number	Patent Number	External Links
-	US10277628	Espacenet Google Patents
-	US10609073	Espacenet Google Patents

Docket Entries

ZapFraud, Inc. v. FireEye, Inc.

Overview

Parties

Defendant

FireEye, Inc. Follow

Represented By

Plaintiff

ZapFraud, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed with Jury Demand against FireEye, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2727171.) - filed by ZapFraud, Inc.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(myr) (Entered: 09/10/2019)

Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr) (Entered: 09/10/2019)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,277,628 B1. (myr) (Entered: 09/10/2019)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ZapFraud, Inc. (myr) (Entered: 09/10/2019)

Summons Issued

Summons Issued with Magistrate Consent Notice attached as to FireEye, Inc. on 9/10/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (myr)

SUMMONS Returned Executed by ZapFraud, Inc.. FireEye, Inc. served on 9/11/2019, answer due 10/2/2019. (Farnan, Brian) (Entered: 09/11/2019)

MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit and Wen Xue - filed by ZapFraud, Inc.. (Farnan, Brian) (Entered: 09/18/2019)

Case Assigned/Reassigned

SO ORDERED

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:19-cv-01687-MN, 1:19-cv-01688-MN, 1:19-cv-01689-MN, 1:19-cv-01690-MN, 1:19-cv-01691-MN (rjb)

SO ORDERED re 6 MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit and Wen Xue filed by ZapFraud, Inc. ORDERED by Judge Maryellen Noreika on 9/18/2019. (dlw)

Pro Hac Vice Attorney Jonas R. McDavit for ZapFraud, 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. (mal)

Add Attorneys - PHV only

Pro Hac Vice Attorney Wen Xue for ZapFraud, 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. (mal)

STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to 11/1/2019 - filed by ZapFraud, Inc.. (Farnan, Brian) (Entered: 10/01/2019)

~Util - Set/Reset Answer Deadline

SO ORDERED

SO ORDERED re 7 STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to 11/1/2019 (Set/Reset Answer Deadlines: FireEye, Inc. answer due 11/1/2019). ORDERED by Judge Maryellen Noreika on 10/1/2019. (dlw)

STIPULATION regarding First Amended Complaint by ZapFraud, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Farnan, Brian) (Entered: 10/18/2019)

FIRST AMENDED COMPLAINT against FireEye, Inc.- filed by ZapFraud, Inc. (Attachments: # 1 Exhibit A)(dlw) (Entered: 10/18/2019)

SO ORDERED

SO ORDERED re 8 Stipulation Regarding First Amended Complaint. ORDERED by Judge Maryellen Noreika on 10/18/2019. (dlw)

STIPULATION TO EXTEND TIME for Defendant to respond to the Complaint to 11/18/2019 - filed by ZapFraud, Inc.. (Farnan, Brian) (Entered: 11/01/2019)

~Util - Set/Reset Answer Deadline

SO ORDERED

Case Assigned/Reassigned

SO ORDERED re 10 STIPULATION TO EXTEND TIME for Defendant to respond to the First Amended Complaint to 11/18/2019 (Set/Reset Answer Deadlines: FireEye, Inc. answer due 11/18/2019). ORDERED by Judge Maryellen Noreika on 11/1/2019. (dlw)

Case Reassigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:19-cv-01688-CFC, 1:19-cv-01689-CFC, 1:19-cv-01691-CFC (rjb)

STIPULATION TO EXTEND TIME to Answer First Amended Complaint to December 3, 2019 - filed by FireEye, Inc.. (Ward, Jennifer) (Entered: 11/15/2019)

~Util - Set/Reset Answer Deadline

SO ORDERED

SO ORDERED, re 11 STIPULATION TO EXTEND TIME to Answer First Amended Complaint to December 3, 2019 filed by FireEye, Inc. Set/Reset Answer Deadlines: FireEye, Inc. answer due 12/3/2019. Signed by Judge Colm F. Connolly on 11/15/2019. (fms)

MOTION for Pro Hac Vice Appearance of Attorney Daralyn J. Durie, Joseph C. Gratz and Matthaeus H. Martino-Weinhardt - filed by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

MOTION to Dismiss for Failure to State a Claim, MOTION for Joinder in Mimecast's Motion to Dismiss (D.I. 20; C.A. No. 19-1960) - filed by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

MOTION to Transfer Case to Northern District of California - filed by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

OPENING BRIEF in Support re 15 MOTION to Transfer Case to Northern District of California filed by FireEye, Inc..Answering Brief/Response due date per Local Rules is 12/17/2019. (Egan, Brian) (Entered: 12/03/2019)

DECLARATION re 15 MOTION to Transfer Case to Northern District of California -- Declaration of Joseph Gratz -- by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

DECLARATION re 15 MOTION to Transfer Case to Northern District of California -- Declaration of Barbara Massa -- by FireEye, Inc.. (Egan, Brian) (Entered: 12/03/2019)

SO ORDERED

SO ORDERED, re 12 MOTION for Pro Hac Vice Appearance of Attorney Daralyn J. Durie, Joseph C. Gratz and Matthaeus H. Martino-Weinhardt filed by FireEye, Inc. Signed by Judge Colm F. Connolly on 12/4/2019. (fms)

SO ORDERED

ANSWERING BRIEF in Opposition re 13 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder in Mimecast's Motion to Dismiss (D.I. 20; C.A. No. 19-1960) filed by ZapFraud, Inc..Reply Brief due date per Local Rules is 12/27/2019. (Farnan, Brian) (Entered: 12/20/2019)

ANSWERING BRIEF in Opposition re 15 MOTION to Transfer Case to Northern District of California filed by ZapFraud, Inc..Reply Brief due date per Local Rules is 1/14/2020. (Attachments: # 1 Certificate of Compliance)(Farnan, Brian) (Entered: 01/07/2020)

DECLARATION re 22 Answering Brief in Opposition, of Wen Xue by ZapFraud, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Farnan, Brian) (Entered: 01/07/2020)

DECLARATION re 22 Answering Brief in Opposition, of Bjorn Markus Jakobsson by ZapFraud, Inc.. (Farnan, Brian) (Entered: 01/07/2020)

REPLY BRIEF re 13 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder in Mimecast's Motion to Dismiss (D.I. 20; C.A. No. 19-1960) filed by FireEye, Inc.. (Ward, Jennifer) (Entered: 01/10/2020)

REPLY BRIEF re 15 MOTION to Transfer Case to Northern District of California filed by FireEye, Inc.. (Egan, Brian) (Entered: 01/21/2020)

DECLARATION re 26 Reply Brief -- Declaration of Joseph C. Gratz -- by FireEye, Inc.. (Attachments: # 1 Exhibit 1)(Egan, Brian) (Entered: 01/21/2020)

MOTION to Amend/Correct 9 Amended Complaint [UNOPPOSED] - filed by ZapFraud, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Rule 7.1.1 Certification)(Farnan, Brian) (Entered: 04/23/2020)

Second AMENDED COMPLAINT against FireEye, Inc.- filed by ZapFraud, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Farnan, Brian) (Entered: 04/24/2020)

Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 10,277,628 B1 ;US 10,609,073 B2 . (Farnan, Brian) (Entered: 04/24/2020)

SO ORDERED

MOTION to Dismiss for Failure to State a Claim, MOTION for Joinder - filed by FireEye, Inc.. (Ward, Jennifer) (Entered: 05/22/2020)

ORDER REFERRING MOTION: 31 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder filed by FireEye, Inc. Signed by Judge Colm F. Connolly on 5/28/2020. Motion referred to Magistrate Judge Christopher J. Burke.(nmf) (Entered: 05/28/2020)

ANSWERING BRIEF in Opposition re 31 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder filed by ZapFraud, Inc..Reply Brief due date per Local Rules is 6/12/2020. (Farnan, Brian) (Entered: 06/05/2020)

STIPULATION TO EXTEND TIME for Defendant to File a Reply Brief in Support of its Motion to Dismiss (D.I. 31) to June 19, 2020 - filed by FireEye, Inc.. (Ward, Jennifer) Modified on 6/9/2020 (dlb). (Entered: 06/09/2020)

~Util - Set Briefing Schedule - open,ans,reply,surreply AND SO ORDERED

SO ORDERED D.I. 34 STIPULATION TO EXTEND TIME to File a Reply Brief in Support of its Motion to Dismiss (D.I. 31) to June 19, 2020 filed by FireEye, Inc. Ordered by Judge Christopher J. Burke on 6/10/2020. (dlb)

REPLY BRIEF in Support of Motion to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 35 U.S.C. § 101 filed by FireEye, Inc.. (Ward, Jennifer) (Entered: 06/19/2020)

Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding Oral Argument on Pending Motions. (Farnan, Brian) (Entered: 06/29/2020)

MEMORANDUM ORDER re D.I. 15 MOTION to Transfer Case to Northern District of California filed by FireEye, Inc. Ordered by Judge Christopher J. Burke on 7/28/2020. (dlb)

Order Setting Hearing on Motion AND Oral Order

Letter to The Honorable Christopher J. Burke from Brian E. Farnan regarding September 18, 2020 Hearing. (Farnan, Brian) (Entered: 09/04/2020)

Oral Order

Letter to The Honorable Christopher J. Burke from Jack B. Blumenfeld regarding Courtesy Copies - re 40 Oral Order,. (Blumenfeld, Jack) (Entered: 09/08/2020)

Motion Hearing

FireEye, Inc.

ZapFraud, Inc.