Ziklag IP LLC v. Netflix, Inc.

COMPLAINT for Patent Infringement filed by Touchmusic Entertainment LLC; Jury Demand. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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COMPLAINT for Patent Infringement filed by Touchmusic Entertainment LLC; Jury Demand. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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CIVIL Cover Sheet (Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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ATTORNEY Appearance for Plaintiff Touchmusic Entertainment LLC by Anthony E. Dowell (Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Touchmusic Entertainment LLC (Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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NOTICE by Touchmusic Entertainment LLC of Filing Claims Involving a Patent (Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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NOTICE by Touchmusic Entertainment LLC of Request to Accept Complaint Without Prepayment of Filing Fee (Dowell, Anthony) (Entered: 03/03/2024)

2024-03-03

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MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) (Entered: 03/04/2024)

2024-03-04

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PAYMENT of Filing fee $ 405, receipt number AILNDC-21701676. (Dowell, Anthony) (Entered: 03/04/2024)

2024-03-04

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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (evw, )

2024-03-04

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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (evw, )

2024-03-04

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SUMMONS Issued as to Defendant Netflix, Inc. (jcc,)

2024-03-07

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MINUTE entry before the Honorable Mary M. Rowland: On or before 5/17/24, the parties shall file a report of the parties' planning meeting pursuant to LPR 1.2. A template for the report setting forth the information required may be found in Judge Rowland's standing order on Patent Cases, available on her webpage, by clicking the link in the Patent Cases standing order, "LPR Appendix A." Parties shall also report on the status of any settlement discussions. Mailed notice. (dm, ) (Entered: 03/11/2024)

2024-03-11

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MOTION by Defendant Netflix, Inc. for extension of time to Answer or Otherwise Respond to Plaintiff's Complaint (Lamkin, Rachael) (Entered: 03/27/2024)

2024-03-27

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MINUTE entry before the Honorable Mary M. Rowland: Defendant Netflix's unopposed motion for extension of time to answer or otherwise plead 10 is granted. Defendant Netflix shall answer or file a responsive pleading by 5/3/24. Mailed notice. (dm, ) (Entered: 03/28/2024)

2024-03-28

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MOTION by Defendant Netflix, Inc. for extension of time to file answer regarding complaint 1 Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint (Lamkin, Rachael) (Entered: 04/29/2024)

2024-04-29

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MINUTE entry before the Honorable Mary M. Rowland: Defendant Netflix's unopposed motion for extension of time 12 is granted. Netflix must file an answer or otherwise responsive pleading by 5/17/24. Mailed notice. (dm, ) (Entered: 05/01/2024)

2024-05-01

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AMENDED complaint by Ziklag IP LLC against Netflix, Inc. (Attachments: # 1 Exhibit 1)(Dowell, Anthony) (Entered: 05/17/2024)

2024-05-17

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MINUTE entry before the Honorable Mary M. Rowland: Defendant to respond to the Amended Complaint by 6/17/23. Mailed notice. (dm, ) (Entered: 05/21/2024)

2024-05-21

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MOTION by Plaintiff Ziklag IP LLC to continue Local Patent Rules Discovery Deadlines (Joint Motion) (Dowell, Anthony) (Entered: 05/29/2024)

2024-05-29

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MINUTE entry before the Honorable Mary M. Rowland: Joint motion to stay current deadlines 16 is granted. Plaintiff Ziklag filed an amended complaint on 5/17/24 14 replacing the original plaintiff in this action, Touchmusic Entertainment LLC with Ziklag. The Clerk's Office is directed to modify the case caption. Responsive pleading due on 6/17/24. All other deadlines are stayed, including the Initial Joint Status Report that was due on 5/17/24. 9 . Mailed notice. (dm, ) (Entered: 06/10/2024)

2024-06-10

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ATTORNEY Appearance for Defendant Netflix, Inc. by Jon Michael Spanbauer (Spanbauer, Jon) (Entered: 06/12/2024)

2024-06-12

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Netflix, Inc. (Attachments: # 1 Declaration of Rachael D. Lamkin, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Lamkin, Rachael) (Entered: 06/17/2024)

2024-06-17

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MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendant Netflix's motion to dismiss 19 is due 7/16/24. Reply due 8/2/24. Mailed notice. (dm, ) (Entered: 06/18/2024)

2024-06-18

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RESPONSE by Ziklag IP LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Netflix, Inc. 19 (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Dowell, Anthony) (Entered: 07/16/2024)

2024-07-16

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REPLY by Netflix, Inc. to response in opposition to motion, 21 Defendant Netflix's Reply in Support of Its Motion to Dismiss (Lamkin, Rachael) (Entered: 08/02/2024)

2024-08-02

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ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

2024-12-27

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MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion to dismiss 19 is granted. Enter Order. In person status set for 4/30/25 at 9:30 AM to discuss the propriety of any attempt to file an amended complaint and further briefing on Illinois law and LLCs ability to initiate litigation. Plaintiff's counsel and defense local counsel to appear in person. Out-of-town defense counsel may appear via Webex. Instructions to follow. The Court will strike the status if Plaintiff files a voluntary dismissal of this action that asserts damages for 3 days of alleged infringement filed by an LLC that was suspended by the state of California on the date the suit was filed prior to 4/30/25. Mailed notice. (jg, ) (Entered: 03/25/2025)

2025-03-25

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MEMORANDUM Opinion and Order: For the stated reasons, Defendant's Motion to Dismiss 19 is granted. Signed by the Honorable Mary M. Rowland on 3/25/2025. Mailed notice. (jg, ) (Entered: 03/25/2025)

2025-03-25

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MOTION by Defendant Netflix, Inc. to reset Reschedule April 30, 2025 Status Conference (Spanbauer, Jon) (Entered: 03/31/2025)

2025-03-31

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MINUTE entry before the Honorable Mary M. Rowland: The parties' joint motion to reset status conference is granted 26 . In person status set for 4/30/25 is stricken and reset to 5/29/25 at 9:30 AM. Plaintiff's counsel and defense local counsel to appear in person. Out-of-town defense counsel may appear via Webex. Instructions to follow. Mailed notice. (jg, ) (Entered: 04/01/2025)

2025-04-01

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NOTICE by Netflix, Inc. of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spanbauer, Jon) (Entered: 04/25/2025)

2025-04-25

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Continue

2025-05-15

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Order on Motion to Continue

2025-05-20

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Appear Pro Hac Vice

2025-05-28

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Order on Motion to Appear Pro Hac Vice

2025-05-30

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MEMORANDUM Opinion and Order: For the stated reasons, the Court denies leave to amend the complaint and re-substitute Touchmusic as the proper plaintiff. Any other amendments to the complaint would be futile because they would not relate back to the original complaint and the statute of limitations has passed. See Russell v. Zimmer, Inc., 82 F.4th 564, 572 (7th Cir. 2023) (district courts have "broad discretion to deny leave to amend a complaint where the amendment would be futile"). Civil case terminated. Judgment to enter. Signed by the Honorable Mary M. Rowland on 6/20/2025. Mailed notice. (jg, )

2025-06-20

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Judgment - AO450

2025-06-24

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Extension of Time to File Document

2025-09-12

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Order on Motion for Extension of Time to File

2025-09-15

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Attorney Fees

2025-10-07

1

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Attorney Fees

2025-10-07

1

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2025-10-07

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2025-10-07

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Overview

Parties

Defendant

Netflix, Inc. Follow

Represented By

Plaintiff

Ziklag IP LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT for Patent Infringement filed by Touchmusic Entertainment LLC; Jury Demand. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 03/03/2024)

COMPLAINT for Patent Infringement filed by Touchmusic Entertainment LLC; Jury Demand. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 03/03/2024)

CIVIL Cover Sheet (Dowell, Anthony) (Entered: 03/03/2024)

ATTORNEY Appearance for Plaintiff Touchmusic Entertainment LLC by Anthony E. Dowell (Dowell, Anthony) (Entered: 03/03/2024)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Touchmusic Entertainment LLC (Dowell, Anthony) (Entered: 03/03/2024)

NOTICE by Touchmusic Entertainment LLC of Filing Claims Involving a Patent (Dowell, Anthony) (Entered: 03/03/2024)

NOTICE by Touchmusic Entertainment LLC of Request to Accept Complaint Without Prepayment of Filing Fee (Dowell, Anthony) (Entered: 03/03/2024)

MAILED patent report to Patent Trademark Office, Alexandria VA. (rc, ) (Entered: 03/04/2024)

PAYMENT of Filing fee $ 405, receipt number AILNDC-21701676. (Dowell, Anthony) (Entered: 03/04/2024)

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (evw, )

SUMMONS Issued as to Defendant Netflix, Inc. (jcc,)

MOTION by Defendant Netflix, Inc. for extension of time to Answer or Otherwise Respond to Plaintiff's Complaint (Lamkin, Rachael) (Entered: 03/27/2024)

MINUTE entry before the Honorable Mary M. Rowland: Defendant Netflix's unopposed motion for extension of time to answer or otherwise plead 10 is granted. Defendant Netflix shall answer or file a responsive pleading by 5/3/24. Mailed notice. (dm, ) (Entered: 03/28/2024)

MOTION by Defendant Netflix, Inc. for extension of time to file answer regarding complaint 1 Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint (Lamkin, Rachael) (Entered: 04/29/2024)

MINUTE entry before the Honorable Mary M. Rowland: Defendant Netflix's unopposed motion for extension of time 12 is granted. Netflix must file an answer or otherwise responsive pleading by 5/17/24. Mailed notice. (dm, ) (Entered: 05/01/2024)

AMENDED complaint by Ziklag IP LLC against Netflix, Inc. (Attachments: # 1 Exhibit 1)(Dowell, Anthony) (Entered: 05/17/2024)

MINUTE entry before the Honorable Mary M. Rowland: Defendant to respond to the Amended Complaint by 6/17/23. Mailed notice. (dm, ) (Entered: 05/21/2024)

MOTION by Plaintiff Ziklag IP LLC to continue Local Patent Rules Discovery Deadlines (Joint Motion) (Dowell, Anthony) (Entered: 05/29/2024)

ATTORNEY Appearance for Defendant Netflix, Inc. by Jon Michael Spanbauer (Spanbauer, Jon) (Entered: 06/12/2024)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Netflix, Inc. (Attachments: # 1 Declaration of Rachael D. Lamkin, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Lamkin, Rachael) (Entered: 06/17/2024)

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendant Netflix's motion to dismiss 19 is due 7/16/24. Reply due 8/2/24. Mailed notice. (dm, ) (Entered: 06/18/2024)

RESPONSE by Ziklag IP LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Netflix, Inc. 19 (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Dowell, Anthony) (Entered: 07/16/2024)

REPLY by Netflix, Inc. to response in opposition to motion, 21 Defendant Netflix's Reply in Support of Its Motion to Dismiss (Lamkin, Rachael) (Entered: 08/02/2024)

MEMORANDUM Opinion and Order: For the stated reasons, Defendant's Motion to Dismiss 19 is granted. Signed by the Honorable Mary M. Rowland on 3/25/2025. Mailed notice. (jg, ) (Entered: 03/25/2025)

MOTION by Defendant Netflix, Inc. to reset Reschedule April 30, 2025 Status Conference (Spanbauer, Jon) (Entered: 03/31/2025)

NOTICE by Netflix, Inc. of Supplemental Authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spanbauer, Jon) (Entered: 04/25/2025)

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Order on Motion to Continue

Appear Pro Hac Vice

Order on Motion to Appear Pro Hac Vice

Judgment - AO450

Extension of Time to File Document

Order on Motion for Extension of Time to File

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Ziklag IP LLC