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Cirba Inc. (d/b/a Densify) v. VMware, Inc.

1:19-cv-00742 | Delaware District Court

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Division Wilmington
Judge Judge Gregory B. Williams
Filed April 25, 2019
Terminated June 20, 2024
Case Flags CLOSED, LEAD, Multi-Media Docs, and PATENT
Nature of Suit 830 Patent
Cause 35:1 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
4/11/2025Letter
7/24/2024MANDATE (Order) of USCA as to 1698 Notice of Appeal (Federal Circuit) filed by Cirba Inc. (d/b/a Densify). USCA Decision: DISMISSED. (lnb) (Entered: 07/24/2024)
6/20/2024Report to the Commissioner of Patents and Trademarks.(lnb) (Entered: 06/20/2024)
6/20/2024SO ORDERED, re 1867 Stipulation of Dismissal filed by Cirba Inc. (d/b/a Densify), Cirba Inc., Cirba IP, Inc., ***Civil Case Terminated. Signed by Judge Gregory B. Williams on 6/20/2024. (lnb) (Entered: 06/20/2024)
6/18/2024STIPULATION of Dismissal by Cirba IP, Inc., Cirba Inc., Cirba Inc. (d/b/a Densify). (Piergiovanni, Rosemary) (Entered: 06/18/2024)
6/14/2024SO ORDERED, re 1865 Stipulation and order to extend stay filed by Cirba Inc. (d/b/a Densify). Signed by Judge Gregory B. Williams on 6/14/24. (jaa) (Entered: 06/14/2024)
6/13/2024NOTICE requesting Clerk to remove Shaun P. deLacy as co-counsel.. (Vrana, Robert) (Entered: 06/13/2024)
6/13/2024 STIPULATION to Extend Stay by Cirba Inc. (d/b/a Densify). (Piergiovanni, Rosemary) (Entered: 06/13/2024)
5/14/2024SO ORDERED, re 1864 Stipulation and Order to Stay filed by Cirba Inc. (d/b/a Densify) -- Case Stayed. Signed by Judge Gregory B. Williams on 5/13/2024. (lnb) (Entered: 05/14/2024)
5/10/2024 STIPULATION and Proposed Order to Stay by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 05/10/2024)
3/18/2024 NOTICE of USPTO's Issuance of Reexamination Certificate Regarding U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 03/18/2024)
3/4/2024NOTICE requesting Clerk to remove Michael A. Jacobs as co-counsel.. (Vrana, Robert) (Entered: 03/04/2024)
1/5/2024NOTICE requesting Clerk to remove Fahd H. Patel as co-counsel.. (Vrana, Robert) (Entered: 01/05/2024)
12/22/2023 NOTICE of USPTO's Intent to Issue Reexamination Certificate Regarding U.S. Patent No. 8,209,687 by Cirba Inc. (d/b/a Densify) (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 12/22/2023)
12/21/2023 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Broadcom, Inc. for VMware LLC filed by VMware LLC. (Vrana, Robert) (Entered: 12/21/2023)
12/21/2023 NOTICE of Name Change from VMware, Inc. to VMware LLC by VMware LLC (Vrana, Robert) (Entered: 12/21/2023)
10/25/20231857ORAL ORDER: Having reviewed the Joint Status Report, D.I. 1856, filed by the parties on October 23, 2023, the Court DENIES Defendant VMWare's request to stay. This Court considers three factors when determining whether a stay is appropriate: (1) whether discovery is complete and a trial date has been set, (2) whether a stay will simplify the issues for trial, and (3) whether a stay would unduly prejudice or present a clear tactical disadvantage to the non-moving party. See Landis v. North American Co., 299 U.S. 248, 25455, 57 (1936). Here, each of the three factors weigh against staying the proceedings. First, this case has been tried to a verdict and is in the post-trial stage of proceedings. D.I. 1856 at 5. While VMWare rightfully notes that the PTO issued a Final Office Action rejecting both asserted claims of the '687 Patent, "a lengthy administrative process must still ensue before patent reexamination proceedings are finalized." Apple, Inc. v. Samsung Electronics Co Ltd, 11-CV-01846-LHK, D.I. 2831, at 6 (N.D. Cal., Nov. 25, 2013). "37 C.F.R. §§ 41.31-41.54 reveals that the PTAB appeal process may be quite lengthy, as time is allotted for noticing the appeal, filing an appeal brief, issuance of the examiner's answer, filing a reply brief to the examiner's answer, and a decision by the PTAB. There is also the potential for an oral hearing, a rehearing, and withdrawal of the final rejection by the examiner in order to reopen prosecution." Id. at 6 n. 6. This process could delay resolution of this case by years. Id. Therefore, the stage of the case weighs heavily against granting a stay. Second, "[a]s this case has already been tried to a verdict, a stay [pending patent reexamination] will not simplify the issues at trial." Orion IP, LLC v. Mercedes-Benz USA, LLC, No. 6:05 CV 322, 2008 WL 5378040, at *8 (E.D. Tex. Dec. 22, 2008). If the Court issues a final judgment, on the other hand, the final judgement could be immediately appealed to the Federal Circuit, and "[t]he validity of the ['687] patent will reach a faster resolution." Apple, 11-CV-01846-LHK, at 8. Finally, the Court finds that Cirba, as the non-moving party, would be unduly prejudiced by a stay. This matter was filed in 2019 and was tried before this Court four years later. Cirba has invested significant resources and ultimately secured a verdict in which the jury found VMWare liable for infringement. The prejudice that would result from staying this case and delaying Cirba's ability to realize the awarded damages outweighs any possible prejudice that could result to VMWare if the PTO and the Federal Circuit uphold the PTAB's Final Action. Thus, the third factor weighs heavily against a stay, and the Court denies Defendant VMWare's request to stay the case. ORDERED by Judge Gregory B. Williams on 10/25/23. (ntl) (Entered: 10/25/2023)
10/23/2023Joint STATUS REPORT by Cirba Inc. (d/b/a Densify). (Attachments: # 1 Exhibit A)(Farnan, Michael) (Entered: 10/23/2023)
10/16/20231855ORAL ORDER: The parties are HEREBY ORDERED to meet and confer and provide the Court with a joint status report by 5:00 p.m. on Monday, October 23, 2023. The joint status report shall advise the Court of the parties' respective positions on how to proceed with these cases in light of the PTO's final written decision on U.S. Patent No. 8,209,687 (the "'687 patent"). ORDERED by Judge Gregory B. Williams on 10/16/23. (ntl) (Entered: 10/16/2023)
10/13/2023 NOTICE of Federal Circuit Proceedings by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 10/13/2023)
10/13/2023 NOTICE of Final Office Action Regarding Ex Parte Reexamination of U.S. Patent No. 8,209,687 by VMware, Inc. (Attachments: # 1 Exhibit A)(Vrana, Robert) (Entered: 10/13/2023)
8/24/2023NOTICE of Change of Address by Michael J. Farnan (Farnan, Michael) (Entered: 08/24/2023)
8/21/2023 Letter to The Honorable Gregory B. Williams from Anne Shea Gaza regarding VMware's hyperlinked versions of its post-trial submissions - re 1838 Answering Brief in Opposition, 1829 Opening Brief in Support, 1847 Reply Brief. (Gaza, Anne) (Entered: 08/21/2023)
8/1/2023REDACTED VERSION of 1847 Reply Brief by VMware, Inc.. (Vrana, Robert) (Entered: 08/01/2023)
7/31/2023REQUEST for Oral Argument by VMware, Inc. re 1825 MOTION Cirba's Post-Trial Motions , 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL]. (Vrana, Robert) (Entered: 07/31/2023)
7/31/2023REDACTED VERSION of 1846 Reply Brief by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/31/2023)
7/25/2023[SEALED] REPLY BRIEF re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] filed by VMware, Inc.. (Gaza, Anne) (Entered: 07/25/2023)
7/25/2023[SEALED] REPLY BRIEF re 1825 MOTION Cirba's Post-Trial Motions filed by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/25/2023)
7/18/2023REDACTED VERSION of 1840 Declaration, by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1839 Declaration by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1838 Answering Brief in Opposition by VMware, Inc.. (Vrana, Robert) (Entered: 07/18/2023)
7/18/2023REDACTED VERSION of 1841 Answering Brief in Opposition, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/18/2023)
7/11/2023[SEALED] ANSWERING BRIEF in Opposition re 1827 MOTION for Judgment as a Matter of Law [VMWARE, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND MOTION FOR A NEW TRIAL] filed by Cirba Inc. (d/b/a Densify).Reply Brief due date per Local Rules is 7/18/2023. (Farnan, Michael) (Entered: 07/11/2023)
7/11/2023[SEALED] DECLARATION re 1838 Answering Brief in Opposition [Declaration of Aaron D. Bray] by VMware, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Gaza, Anne) (Entered: 07/11/2023)
7/11/2023[SEALED] DECLARATION re 1838 Answering Brief in Opposition [Declaration of Paul K. Meyer] by VMware, Inc.. (Gaza, Anne) (Entered: 07/11/2023)
7/11/2023[SEALED] ANSWERING BRIEF in Opposition re 1825 MOTION Cirba's Post-Trial Motions filed by VMware, Inc..Reply Brief due date per Local Rules is 7/18/2023. (Gaza, Anne) (Entered: 07/11/2023)
7/5/2023REDACTED VERSION of 1831 Declaration, by VMware, Inc.. (Attachments: # 1 Exhibit 1 - 2)(Gaza, Anne) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1829 Opening Brief in Support, by VMware, Inc.. (Gaza, Anne) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1830 Declaration by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 1828 Declaration,,,,,, by Cirba Inc. (d/b/a Densify). (Farnan, Michael) (Entered: 07/05/2023)
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