United States District Court
`Eastern District of Wisconsin (Green Bay)
`CIVIL DOCKET FOR CASE #: 1:09−cv−00462−WCG
`
`CLOSED,PROTO
`
`Yangaroo Inc v. Destiny Media Technologies Inc et al
`Assigned to: Chief Judge William C Griesbach
`Case in other court: USCA−Fed Circuit Yangaroo 07/06/10,
`10−1424
`Cause: 35:145 Patent Infringement
`Plaintiff
`Yangaroo Inc
`
`Date Filed: 05/06/2009
`Date Terminated: 06/08/2010
`Jury Demand: None
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`represented by Jonathan H Margolies
`Michael Best &Friedrich LLP
`100 E Wisconsin Ave − Ste 3300
`Milwaukee, WI 53202−4108
`414−271−6560
`Fax: 414−277−0656
`Email: jhmargolies@michaelbest.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Katherine W Schill
`Michael Best &Friedrich LLP
`100 E Wisconsin Ave − Ste 3300
`Milwaukee, WI 53202−4108
`414−271−6560
`Fax: 414−277−0656
`Email: kwschill@michaelbest.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Angela J Kujak
`Michael Best &Friedrich LLP
`Firstar Plaza
`1 S Pinckney St − Ste 700
`PO Box 1806
`Madison, WI 53701−1806
`608−257−3054
`Fax: 608−283−2275
`Email: ajkujak@michaelbest.com
`TERMINATED: 07/07/2010
`
`V.
`Defendant
`Destiny Media Technologies Inc
`
`Defendant
`Destiny Software Productions Inc
`
`represented by Theodore M Sabety
`Sabety +associates PLLC
`8 W 40th St − 12th Flr
`New York, NY 10018
`212−481−8686
`Fax: 646−349−2782
`Email: ted@sabety.net
`ATTORNEY TO BE NOTICED
`
`represented by Theodore M Sabety
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Defendant
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 1 of 6
`0001
`
`ContentGuard Exhibit 2010
`ZTE v. ContentGuard
`IPR2013-00133
`
`

`

`MPE Distribution Inc
`
`represented by Theodore M Sabety
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Date Filed
`05/05/2009
`
`05/05/2009
`05/06/2009
`05/21/2009
`
`05/26/2009
`
`05/28/2009
`
`05/28/2009
`06/01/2009
`
`06/01/2009
`
`06/22/2009
`
`06/22/2009
`
`06/22/2009
`06/22/2009
`07/14/2009
`
`07/14/2009
`07/24/2009
`
`07/24/2009
`08/31/2009
`
`09/02/2009
`
`09/18/2009
`
`#
`
`Docket Text
`1 COMPLAINT with jury demand (Summons(es) issued) against all defendants filed
`by Yangaroo Inc. Consent Forms Distributed for Magistrate Judge William E
`Callahan. (Filing Fee PAID $350; 4689010973). (Attachments: # 1 Civil Cover
`Sheet, # 2 Exhibit)(aw) (Entered: 05/06/2009)
`2 CERTIFICATE of Interest by Yangaroo Inc. (aw) (Entered: 05/06/2009)
`3 Report to the Commissioner of Patents and Trademarks (aw)
`4 SUMMONS Returned Executed by Yangaroo Inc. Destiny Software Productions
`Inc served on 5/12/2009, answer due 6/1/2009. (Kujak, Angela)
`5 SUMMONS Returned Executed by Yangaroo Inc. Destiny Media Technologies Inc
`served on 5/14/2009, answer due 6/3/2009. (Kujak, Angela)
`6 STIPULATION to Extend Time to Answer Complaint by Yangaroo Inc.
`(Attachments: # 1 Text of Proposed Order)(Margolies, Jonathan)
`7 CERTIFICATE OF SERVICE by Yangaroo Inc (Margolies, Jonathan)
`8 SUMMONS Returned Executed by Yangaroo Inc. MPE Distribution Inc served on
`5/13/2009, answer due 6/2/2009. (Kujak, Angela)
`MARGIN ORDER approving 6 Stipulation and GRANTING Extension of Time to
`Answer, signed by Judge William C Griesbach on 06−01−2009. Destiny Media
`Technologies Inc answer due 6/22/2009; Destiny Software Productions Inc answer
`due 6/22/2009; MPE Distribution Inc answer due 6/22/2009. (cc: all
`counsel)(Griesbach, William)
`9 MOTION to Dismiss the Complaint Pursuant to Rule 12(b)(6) by all defendants.
`(Attachments: # 1 Text of Proposed Order Proposed Order)(Sabety, Theodore)
`10 BRIEF in Support filed by all defendants re 9 MOTION to Dismiss the Complaint
`Pursuant to Rule 12(b)(6). (Attachments: # 1 Exhibit Plaintiff's Comlaint, # 2
`Exhibit Plaintiff's Patent)(Sabety, Theodore)
`11 CERTIFICATE of Interest by all defendants. (Sabety, Theodore)
`12 CERTIFICATE OF SERVICE by all defendants (Sabety, Theodore)
`13 BRIEF in Opposition filed by all plaintiffs re 9 MOTION to Dismiss the Complaint
`Pursuant to Rule 12(b)(6). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Schill,
`Katherine)
`14 CERTIFICATE OF SERVICE by all plaintiffs (Schill, Katherine)
`15 REPLY BRIEF in Support filed by all defendants re 9 MOTION to Dismiss the
`Complaint Pursuant to Rule 12(b)(6). (Attachments: # 1 Exhibit Plaintiff
`Submission to US PTO Jan. 10 2008)(Sabety, Theodore)
`16 CERTIFICATE OF SERVICE by all defendants (Sabety, Theodore)
`17 ORDER signed by Judge William C Griesbach on 8−31−09 denying 9 Motion to
`Dismiss. (cc: all counsel) (Griesbach, William)
`18 NOTICE of Hearing: Rule 16 Telephone Scheduling Conference set for 10/9/2009
`09:45 AM before Judge William C Griesbach. (cc: all counsel)(mec)
`19 ANSWER to Complaint AND COUNTERCLAIM against Yangaroo filed by
`Destiny Media Technologies Inc, Destiny Software Productions Inc, MPE
`Distribution Inc. (Sabety, Theodore)
`
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 2 of 6
`0002
`
`

`

`09/18/2009
`
`10/02/2009
`
`10/07/2009
`10/07/2009
`10/09/2009
`
`10/13/2009
`
`10/21/2009
`10/22/2009
`
`10/22/2009
`
`12/02/2009
`
`12/03/2009
`
`02/12/2010
`
`02/12/2010
`
`02/12/2010
`
`02/12/2010
`
`02/12/2010
`02/12/2010
`
`02/12/2010
`
`02/16/2010
`
`20 CERTIFICATE OF SERVICE by Destiny Media Technologies Inc, Destiny
`Software Productions Inc, MPE Distribution Inc (Sabety, Theodore)
`21 Joint REPORT of Rule 26(f) Plan by Yangaroo Inc. (Attachments: # 1 Certificate
`of Service)(Margolies, Jonathan)
`22 REPLY filed by Yangaroo Inc to Defendants' Counterclaims. (Schill, Katherine)
`23 CERTIFICATE OF SERVICE by Yangaroo Inc (Schill, Katherine)
`24 Minute Entry for proceedings held before Judge William C Griesbach: Rule 16
`Telephone Scheduling Conference held on 10/9/2009. Initial disclosures on
`extraterritoriality due 10/07/2009. Discovery on extraterritoriality due by
`12/22/2010. Discovery unrelated to extraterritoriality is stayed. Plaintiffs Expert
`Witness List due by 12/11/2009. Defendants Rebuttal Expert Witness List due by
`1/15/2010. Expert discovery due by 2/1/2010. Defendants' summary judgment
`motion due by 2/15/2010. (tlf) (Entered: 10/13/2009)
`25 SCHEDULING ORDER: signed by Judge William C Griesbach on 10/13/2009.
`(cc: all counsel)(Griesbach, William)
`26 Joint MOTION for Protective Order by Yangaroo Inc. (Margolies, Jonathan)
`MARGIN ORDER GRANTING 26 Joint MOTION for Protective Order filed by
`Yangaroo Inc., signed by Judge William C. Griesbach on 10−22−2009. (cc: all
`counsel)(Griesbach, William)
`27 PROTECTIVE ORDER, signed by Judge William C. Griesbach on 10−22−2009.
`(Attachments: #(1) Exhibit A − ACKNOWLEDGMENT OF PROTECTIVE
`ORDER AND AGREEMENT TO BE BOUND) (cc: all counsel)(Griesbach,
`William)
`28 STIPULATION Modifying Protective Order by Yangaroo Inc. (Attachments: # 1
`Text of Proposed Order Modifying Protective Order)(Margolies, Jonathan)
`29 ORDER MODIFYING THE PROTECTIVE ORDER 27 as stipulated to in 28 ,
`signed by Judge William C Griesbach on 12−03−2009. (cc: all counsel)(Griesbach,
`William)
`30 MOTION for Summary Judgment by Destiny Media Technologies Inc, Destiny
`Software Productions Inc, MPE Distribution Inc. (Sabety, Theodore)
`31 SEE CORRECTED BRIEF 37 BRIEF in Support filed by Destiny Media
`Technologies Inc, Destiny Software Productions Inc, MPE Distribution Inc re 30
`MOTION for Summary Judgment. (Sabety, Theodore) Modified on 2/16/2010
`(mec).
`32 STATEMENT OF FACT by Destiny Media Technologies Inc, Destiny Software
`Productions Inc, MPE Distribution Inc. (Sabety, Theodore)
`33 AFFIDAVIT of Ted Sabety. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit
`Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6
`Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Sabety, Theodore)
`34 AFFIDAVIT of Steve Vestergaard. (Sabety, Theodore)
`35 PROPOSED filed by Destiny Media Technologies Inc, Destiny Software
`Productions Inc, MPE Distribution Inc. (Sabety, Theodore)
`36 CERTIFICATE OF SERVICE by Destiny Media Technologies Inc, Destiny
`Software Productions Inc, MPE Distribution Inc (Sabety, Theodore)
`NOTICE of Electronic Filing Error re 35 Proposed Document filed by Destiny
`Media Technologies Inc, Destiny Software Productions Inc, MPE Distribution Inc ;
`Proposed Orders should be e−filed as an attachment to the stipulation or motion
`and NOT e−filed as a separate document. Please ensure that the proposed order has
`been emailed to the proposed email box for the assigned judge in Word or
`WordPerfect format. This document does not need to be re−filed; Please refer to
`the user manuals on electronic case filing found at www.wied.uscourts.gov (cav)
`
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 3 of 6
`0003
`
`

`

`02/16/2010
`
`02/16/2010
`
`03/15/2010
`
`03/15/2010
`
`03/15/2010
`
`03/15/2010
`03/15/2010
`
`03/15/2010
`
`03/16/2010
`
`03/16/2010
`
`03/16/2010
`
`03/17/2010
`
`03/29/2010
`
`03/29/2010
`03/29/2010
`
`03/29/2010
`03/29/2010
`
`03/29/2010
`03/30/2010
`
`03/31/2010
`
`37 BRIEF in Support filed by Destiny Media Technologies Inc, Destiny Software
`Productions Inc, MPE Distribution Inc re 30 MOTION for Summary Judgment
`Corrected. (Sabety, Theodore)
`38 CERTIFICATE OF SERVICE by Destiny Media Technologies Inc, Destiny
`Software Productions Inc, MPE Distribution Inc (Sabety, Theodore)
`39 Expedite MOTION for Leave to File Under Seal by Yangaroo Inc. (Attachments: #
`1 Text of Proposed Order)(Schill, Katherine)
`40 BRIEF in Opposition filed by Yangaroo Inc re 30 MOTION for Summary
`Judgment. (Schill, Katherine)
`41 REDACTED Proposed Findings of Fact by Yangaroo Inc (Schill, Katherine)
`Modified on 3/17/2010 (cav).
`42 RESPONSE filed by Yangaroo Inc re 32 Statement of Fact (Schill, Katherine)
`43 DECLARATION of Vijay Madisetti, Ph.D.. (Attachments: # 1 Exhibit A (Filed
`Under Seal))(Schill, Katherine)
`44 DECLARATION of Katherine W. Schill. (Attachments: # 1 Exhibit A, # 2 Exhibit
`B−G, I, L, M, # 3 Exhibit H, # 4 Exhibit J, # 5 Exhibit K, # 6 Exhibit N, # 7
`Exhibit O)(Schill, Katherine)
`46 UNSEALED − UNREDACTED PROPOSED FINDINGS OF FACT as to
`Yangaroo Inc. (cav) Modified on 3/31/2010 see 56 Order (mec). (Entered:
`03/17/2010)
`47 UNSEALED − EXHIBIT A re 43 Declaration of Vijay madisetti PHD as to
`Yangaroo Inc. (cav) Modified on 3/31/2010 see 56 Order (mec). (Entered:
`03/17/2010)
`48 UNSEALED − EXHIBITS re 44 Declaration of Katherine W Schill as to Yangaroo
`Inc. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5
`Exhibit G, # 6 Exhibit L, # 7 Exhibit M) Exhibit I is a CD filed under seal.(cav)
`Modified on 3/31/2010 see 56 Order (mec). (Entered: 03/17/2010)
`45 ORDER GRANTING 39 Motion for Leave to File Under Seal, signed by Judge
`William C Griesbach on March 16, 2010. The Clerk is directed to place the
`materials subject to the motion under seal. The materials may remain under seal,
`however, only if the defendants are able to establish good cause within the meaning
`of Fed. R. Civ. P. 26(c)(1). Defendants are directed to file a brief in support of such
`a finding on or before April 15, 2010. The brief may be filed under seal. Plaintiff
`will have fifteen days to respond, following which the Court will determine
`whether good cause has been established. (cc: all counsel) (Griesbach, William)
`49 REPLY BRIEF in Support filed by All Defendants re 30 MOTION for Summary
`Judgment of Non−Infringement. (Sabety, Theodore)
`50 RESPONSE filed by All Defendants re 46 Document Sealed (Sabety, Theodore)
`51 RESPONSE filed by All Defendants re 42 Response (Non−Motion) (Sabety,
`Theodore)
`52 Proposed Findings of Fact by All Defendants (Sabety, Theodore)
`53 DECLARATION of Ted Sabety. (Attachments: # 1 Exhibit 1, # 2 Exhibit
`2)(Sabety, Theodore)
`54 CERTIFICATE OF SERVICE by All Defendants (Sabety, Theodore)
`55 STIPULATION Modifying the Order to Seal by Yangaroo Inc. (Attachments: # 1
`Text of Proposed Order)(Margolies, Jonathan)
`56 ORDER MODIFYING PROTECTIVE ORDER signed by Judge William C
`Griesbach on March 31, 2010. Docket Numbers 46, 47 and 48 shall be unsealed
`pursuant to 55 stipulation. (cc: all counsel)(Griesbach, William)
`
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 4 of 6
`0004
`
`

`

`04/01/2010
`
`04/01/2010
`
`04/01/2010
`
`04/01/2010
`
`04/06/2010
`
`04/06/2010
`06/07/2010
`
`06/08/2010
`
`06/08/2010
`06/22/2010
`06/22/2010
`
`06/22/2010
`06/22/2010
`
`06/22/2010
`
`06/22/2010
`
`06/22/2010
`06/22/2010
`06/23/2010
`06/23/2010
`
`07/06/2010
`
`57 REPLY filed by Yangaroo Inc to Defendants' Responses to Plaintiff's Statement of
`Proposed Material Facts. (Schill, Katherine)
`58 RESPONSE TO DEFENDANTS' SUPPLEMENTARY STATEMENT OF FACTS
`incorrectly docketed as Response to Motion filed by Yangaroo Inc re 30 MOTION
`for Summary Judgment of Non−Infringement. (Schill, Katherine) Modified on
`4/1/2010 to correct docket text(tlf).
`59 DECLARATION of Katherine W. Schill. (Attachments: # 1 Exhibit C &P)(Schill,
`Katherine)
`NOTICE of Electronic Filing Error to Katherine W Schill re 58 Response to
`Motion and 59 Declaration. The incorrect event was chosen for 58 which is a
`Response (Non−Motion). Document 59 Declaration should have been extracted
`directly from your word processing software, rather than scanned. These
`documents do not need to be re−filed. Please refer to the user manuals on
`electronic case filing found at www.wied.uscourts.gov. (tlf)
`60 RESPONSE filed by All Defendants re 57 Reply (Non−Motion) To Yangaroos
`Reply (Sabety, Theodore)
`61 CERTIFICATE OF SERVICE by All Defendants (Sabety, Theodore)
`62 DECISION AND ORDER GRANTING 30 MOTION for Summary Judgment filed
`by Destiny Media Technologies Inc, Destiny Software Productions Inc, MPE
`Distribution Inc, signed by Judge William C. Griesbach on 06/07/2010. Destiny's
`counterclaims are dismissed without prejudice. The Clerk is directed to enter
`judgment of dismissal in favor of Destiny and against Yangeroo. (cc: all
`counsel)(Griesbach, William)
`63 JUDGMENT entered by Deputy Clerk in favor of Destiny Media Technologies
`Inc, Destiny Software Productions Inc, MPE Distribution Inc and against Yangaroo
`Inc; approved by Judge William C Griesbach on 6/8/2010. (cc: all
`counsel)(Griesbach, William)
`64 Report to the Commissioner of Patents and Trademarks. (tlf)
`65 BILL OF COSTS Proposed by All Defendants (Sabety, Theodore)
`66 AFFIDAVIT of Ted Sabety. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
`Exhibit)(Sabety, Theodore)
`67 MOTION for Attorney Fees by All Defendants. (Sabety, Theodore)
`68 BRIEF in Support filed by All Defendants re 67 MOTION for Attorney Fees.
`(Sabety, Theodore)
`69 AFFIDAVIT of Fred Vandenberg. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
`Exhibit, # 4 Exhibit)(Sabety, Theodore)
`70 AFFIDAVIT of Ted Sabety. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, #
`4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Sabety, Theodore)
`71 PROPOSED filed by All Defendants. (Sabety, Theodore)
`72 CERTIFICATE OF SERVICE by All Defendants (Sabety, Theodore)
`73 BRIEFING LETTER electronically transmitted to parties. (mec)
`NOTICE of Electronic Filing Error re 69 Affidavit ; All documents should contain
`an electronic signature. This document does not need to be re−filed.Also in regard
`to 71 Proposed Document, a Proposed Order should be e−filed as an attachment to
`the stipulation or motion and NOT e−filed as a separate document. Please ensure
`that the proposed order has been emailed to the proposed email box for the
`assigned judge in Word or WordPerfect format. This document does not need to be
`re−filed; Please refer to the user manuals on electronic case filing found at
`www.wied.uscourts.gov. (mec)
`74 NOTICE OF APPEAL by Yangaroo Inc. Filing Fee PAID $455, receipt number
`0757−1147596 (cc: all counsel) (Margolies, Jonathan)
`
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 5 of 6
`0005
`
`

`

`07/06/2010
`
`07/07/2010
`
`07/07/2010
`
`07/07/2010
`07/13/2010
`
`07/16/2010
`
`07/16/2010
`07/19/2010
`
`07/19/2010
`07/21/2010
`
`07/21/2010
`
`07/21/2010
`
`07/27/2010
`
`08/23/2010
`
`05/25/2011
`
`75 RESPONSE from Yangaroo to the Court regarding 65 Destiny's Bill of Costs.
`(Margolies, Jonathan) Modified on 7/7/2010 to reflect correct event and create
`docket entry relationship(cav).
`76 Transmission of Notice of Appeal, Docket and Order to the Federal Circuit re 74
`Notice of Appeal (cc: all counsel and via US Mail to US Court of Appeals for the
`Federal Circuit)(cav)
`77 NOTICE by Yangaroo Inc of Withdrawal of Angela J. Kujak as Counsel (Schill,
`Katherine)
`78 CERTIFICATE OF SERVICE by Yangaroo Inc (Schill, Katherine)
`79 Attorney Cover Letter re: 74 Notice of Appeal (Attachments: # 1 Appeal
`Information Sheet, Notice of Appeal, Docket and Order) cc: all counsel and via US
`Mail to the Federal Circuit (cav)
`80 BRIEF in Opposition filed by Yangaroo Inc re 67 MOTION for Attorney Fees
`Pursuant to 35 U.S.C. SS 285 and Rule 11, Fed. R. Civ. P.. (Attachments: # 1
`Declaration of John Heaven, # 2 Declaration of Jonathan H. Margolies, # 3 Exhibit
`1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Schill, Katherine)
`81 CERTIFICATE OF SERVICE by Yangaroo Inc (Schill, Katherine)
`Mail Returned as Undeliverable (copy of 79 Short Record). Mail sent to Theodore
`M Sabety returned not deliverable as addressed, unable to forward. Resent to
`Theodore M Sabety via e−mail. (tlf)
`82 USCA Case Number 10−1424 re: 74 Notice of Appeal filed by Yangaroo Inc. (tlf)
`83 REPLY BRIEF in Support filed by All Defendants re 67 MOTION for Attorney
`Fees Defendants' Reply Brief in Further Support of Defendants' Motion for an
`Award of Attorneys' Fees. (Sabety, Theodore)
`84 DECLARATION of Ted Sabety. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
`Exhibit 3)(Sabety, Theodore)
`85 CERTIFICATE OF SERVICE by All Defendants Affirmation of Service (Sabety,
`Theodore)
`86 COSTS TAXED for Destiny Media Technologies, et al. by Chief Deputy Clerk in
`amount of $ 1,830.99 against Yangaroo, Inc. (cc: all counsel) (mec)
`87 DECISION AND ORDER denying 67 Motion for Attorney Fees, signed by Judge
`William C. Griesbach on 08/23/2010. See Decision and Order for full detail. (cc:
`all counsel) (Griesbach, William)
`88 USCA−Federal Circuit Mandate (certified copy) as to 74 Notice of Appeal filed by
`Yangaroo Inc; USCA Number 10−1424. The judgment of the district court is
`affirmed, with costs. No record to be returned. (Attachments: # 1 Costs Taxed)(tlf)
`
`Case: 1:09-cv-00462-WCG As of: 10/12/2013 10:19 PM CDT 6 of 6
`0006
`
`