Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 1 of 36
`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:18−cv−00308−ADA
`
`MV3 Partners LLC v. Roku, Inc.
`Assigned to: Judge Alan D Albright
`Cause: 35:271 Patent Infringement
`
`Date Filed
`
`# Docket Text
`
`Date Filed: 10/16/2018
`Jury Demand: Plaintiff
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`10/16/2018
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`10/16/2018
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`10/16/2018
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`1 COMPLAINT for Patent Infringement ( Filing fee $ 400 receipt number
`0542−11348062), filed by MV3 Partners LLC. (Attachments: # 1 Exhibit A, # 2 Civil
`Cover Sheet)(Mann, J.) (Entered: 10/16/2018)
`
`2 REQUEST FOR ISSUANCE OF SUMMONS by MV3 Partners LLC. (Mann, J.)
`(Entered: 10/16/2018)
`
`Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE
`INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE
`INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN
`THIS CASE. (mc5) (Entered: 10/16/2018)
`
`10/17/2018
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`3 NOTICE of Attorney Appearance by G. Blake Thompson on behalf of MV3 Partners
`LLC. Attorney G. Blake Thompson added to party MV3 Partners LLC(pty:pla)
`(Thompson, G.) (Entered: 10/17/2018)
`
`10/17/2018
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`4 Summons Issued as to Roku, Inc.. (lad) (Entered: 10/17/2018)
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`10/17/2018
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`10/17/2018
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`CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (lad) (Entered:
`10/17/2018)
`
`5 AMENDED COMPLAINT For Patent Infringement against Roku, Inc. amending,
`filed by MV3 Partners LLC. (Attachments: # 1 Exhibit A)(Mann, J.) (Entered:
`10/17/2018)
`
`10/17/2018
`
`6 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (lad) (Entered:
`10/17/2018)
`
`10/17/2018
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`7 Report on Copyright sent to Register of Copyrights. (lad) (Entered: 10/17/2018)
`
`10/18/2018
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`8 NOTICE of Attorney Appearance by Andy W. Tindel on behalf of MV3 Partners
`LLC. Attorney Andy W. Tindel added to party MV3 Partners LLC(pty:pla) (Tindel,
`Andy) (Entered: 10/18/2018)
`
`10/22/2018
`
`9 RULE 7 DISCLOSURE STATEMENT filed by MV3 Partners LLC. (Mann, J.)
`(Entered: 10/22/2018)
`
`11/05/2018
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`10 SUMMONS Returned Executed by MV3 Partners LLC. Roku, Inc. served on
`10/22/2018, answer due 11/12/2018. (Mann, J.) (Entered: 11/05/2018)
`
`11/08/2018
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`11/12/2018
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`11 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Roku,
`Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske.
`(Milvenan, Richard) (Entered: 11/08/2018)
`
`Text Order GRANTING 11 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. The Court has considered the Motion and has found it meritorious.
`Therefore, Defendant Roku, Inc. will have until December 12, 2018 to file its answer
`or otherwise respond to Plaintiff MV3 Partners LLCs Complaint for patent
`infringement. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 11/12/2018)
`
`11/12/2018
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`Reset Deadlines: Roku, Inc. Answer due 12/12/2018. (lad) (Entered: 11/13/2018)
`
`11/19/2018
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`12 MOTION to Appear Pro Hac Vice for Jonathan K. Waldrop. (Filing fee $ 100 receipt
`number 600023933) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`Google Exhibit 1046
`Google v. Parus
`IPR2020-00846
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 2 of 36
`
`11/19/2018
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`11/19/2018
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`11/19/2018
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`11/19/2018
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`11/19/2018
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`11/19/2018
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`11/19/2018
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`11/19/2018
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`13 MOTION to Appear Pro Hac Vice for Darcy L. Jones. (Filing fee $ 100 receipt
`number 600023934) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`14 MOTION to Appear Pro Hac Vice for Daniel C. Miller. (Filing fee $ 100 receipt
`number 600023935) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`15 MOTION to Appear Pro Hac Vice for Marcus A Barber (Filing fee $ 100 receipt
`number 600023936) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`16 MOTION to Appear Pro Hac Vice for John W. Downing. (Filing fee $ 100 receipt
`number 600023937) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`17 MOTION to Appear Pro Hac Vice for Rodney R. Miller. (Filing fee $ 100 receipt
`number 600023938) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`18 MOTION to Appear Pro Hac Vice for Heather S. Kim. (Filing fee $ 100 receipt
`number 600023939) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`19 MOTION to Appear Pro Hac Vice for Jack Shaw. (Filing fee $ 100 receipt number
`600023940) by MV3 Partners LLC. Motions referred to Judge Jeffrey C. Manske.
`(mc5) (Entered: 11/21/2018)
`
`20 MOTION to Appear Pro Hac Vice for Gurtej Singh. (Filing fee $ 100 receipt number
`600023941) by MV3 Partners LLC. Motions referred to Judge Jeffrey C. Manske.
`(mc5) (Entered: 11/21/2018)
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`11/27/2018
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`21 ORDER. CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske.
`Signed by Judge Alan D Albright. (mc5) (Entered: 11/27/2018)
`
`11/27/2018
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`22 ORDER GRANTING Jonathan K. Waldrop, Darcy L. Jones, Daniel C. Miller, Marcus
`A. Barber, John W. Downing, Rodney R. Miller, Heather S. Kim, Jack Shaw, and
`Gurtej Singh's 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 and 20 Motions to Appear Pro Hac
`Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the
`attorney hereby granted to practice pro hac vice in this case must register for electronic
`filing with our court within 10 days of this order. Signed by Judge Alan D Albright.
`(klw) (Entered: 11/28/2018)
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`12/12/2018
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`12/12/2018
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`12/12/2018
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`23 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (A. Hadjis) ( Filing fee $
`100 receipt number 0542−11546911) by on behalf of Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
`
`24 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (L. Mandrusiak) ( Filing
`fee $ 100 receipt number 0542−11546987) by on behalf of Roku, Inc.. (Milvenan,
`Richard) (Entered: 12/12/2018)
`
`25 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (M. West) ( Filing fee $
`100 receipt number 0542−11547028) by on behalf of Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
`
`12/12/2018
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`26 Motion to Dismiss for Failure to State a Claim by Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
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`12/12/2018
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`27 ATTACHMENT Proposed Order to 26 Motion to Dismiss for Failure to State a Claim
`by Roku, Inc.. (Milvenan, Richard) (Entered: 12/12/2018)
`
`12/14/2018
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`28 ORDER GRANTING 23 24 and 25 Motions to Appear Pro Hac Vice for Attorney
`Alexander J. Hadjis, Lisa M. Mandrusiak, Michael D. West for Roku, Inc. Pursuant to
`our Administrative Policies and Procedures for Electronic Filing, the attorneys hereby
`granted to practice pro hac vice in this case must register for electronic filing with our
`court within 10 days of this order. Signed by Judge Alan D Albright. (lad) (Entered:
`12/14/2018)
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 3 of 36
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`12/19/2018
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`29 Response in Opposition to Motion, filed by MV3 Partners LLC, re 26 Motion to
`Dismiss for Failure to State a Claim filed by Defendant Roku, Inc. (Attachments: # 1
`Declaration of Rodney R. Miller In Support of Plaintiff's Opposition to Defendant's
`Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6
`Exhibit 5, # 7 Proposed Order)(Mann, J.) (Entered: 12/19/2018)
`
`12/19/2018
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`30 NOTICE of Readiness for Scheduling And/Or Management Conference by MV3
`Partners LLC (Mann, J.) (Entered: 12/19/2018)
`
`12/20/2018
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`31 NOTICE of Readiness for Scheduling And/Or Management Conference (Corrected) by
`MV3 Partners LLC (Mann, J.) (Entered: 12/20/2018)
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`12/21/2018
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`12/21/2018
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`32 ORDER SETTING TELEPHONIC INITIAL STATUS CONFERENCE. Telephone
`Conference set for 1/18/2019 10:30 AM before Judge Alan D Albright. Signed by
`Judge Alan D Albright. (lad) (Entered: 12/21/2018)
`
`33 REPLY to Response to Motion, filed by Roku, Inc., re 26 Motion to Dismiss for
`Failure to State a Claim filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit Disc
`Disease Memorandum)(Milvenan, Richard) (Entered: 12/21/2018)
`
`01/08/2019
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`34 ORDER CANCELLING TELEPHONIC INITIAL STATUS CONFERENCE. Signed
`by Judge Alan D Albright. (mc5) (Entered: 01/08/2019)
`
`01/08/2019
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`35 ORDER DENYING 26 Motion to Dismiss for Failure to State a Claim. Signed by
`Judge Alan D Albright. (mc5) (Entered: 01/08/2019)
`
`01/11/2019
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`36 ORDER, ( Telephone Status/Scheduling Conference set for 2/1/2019 10:00 AM before
`Judge Alan D Albright). Signed by Judge Alan D Albright. (aej) (Entered: 01/11/2019)
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`01/16/2019
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`01/16/2019
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`37 ORDER SETTING STATUS/SCHEDULING CONFERENCE. Conference set for
`2/13/2019 02:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright.
`(lad) (Entered: 01/16/2019)
`
`38 ORDER that TELEPHONIC STATUS/SCHEDULING CONFERENCE on Friday,
`February 01,2019 at 10:00 AM is hereby CANCELLED, as there will be an in person
`hearing onFebruary 13, 2019 at 2:00 PM. Signed by Judge Alan D Albright. (klw)
`(Entered: 01/17/2019)
`
`01/22/2019
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`39 ANSWER to 5 Amended Complaint , COUNTERCLAIM against All Plaintiffs by
`Roku, Inc..(Mandrusiak, Lisa) (Entered: 01/22/2019)
`
`02/04/2019
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`40 NOTICE of Disclosure by MV3 Partners LLC (Mann, J.) (Entered: 02/04/2019)
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`02/05/2019
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`41 RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Mandrusiak, Lisa)
`(Entered: 02/05/2019)
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`02/12/2019
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`42 Joint MOTION To Enter Scheduling Order and Order Governing Proceedings by
`MV3 Partners LLC. (Attachments: # 1 Exhibit A− Agreed Proposed Scheduling
`Order, # 2 Exhibit B− Agreed Order Governing Proceedings)(Mann, J.) (Entered:
`02/12/2019)
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`02/12/2019
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`43 MOTION to Dismiss Defendant's Inequitable Conduct Counterclaims and To Strike
`Affirmative Defense of Inequitable Conduct by MV3 Partners LLC. (Attachments: # 1
`Proposed Order)(Mann, J.) (Entered: 02/12/2019)
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`02/13/2019
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`44 Joint MOTION for Protective Order by MV3 Partners LLC. (Attachments: # 1 Agreed
`Proposed Protective Order)(Mann, J.) (Entered: 02/13/2019)
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`02/13/2019
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`45 Minute Entry for proceedings held before Judge Alan D Albright: Status/Scheduling
`Conference held on 2/13/2019. Parties posed some procedural questions which were
`answered by the Judge. There will be a tutorial of 1/2 hour each side prior to the
`Markman hearing. Parties put 7/24 on scheduling order but the Court suggested that
`the hearing be held in Austin on that Friday 7/26. Defendant's counsel was fine with
`that. Plaintiff's counsel would verify with co−counsel if that would be okay. The Court
`discussed no discovery motions being filed. If there is a discovery dispute parties
`should contact the Court for a resolution. (Minute entry documents are not available
`electronically.) (Court Reporter Kristie Davis.)(tb) (Entered: 02/13/2019)
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 4 of 36
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`02/14/2019
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`46 PROTECTIVE ORDER. Signed by Judge Alan D Albright. (tb) (Entered: 02/14/2019)
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`02/25/2019
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`02/26/2019
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`02/26/2019
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`47 Transcript filed of Proceedings held on 2−13−19, Proceedings Transcribed: Status
`Conference. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 3/18/2019, Redacted Transcript Deadline set for 3/28/2019,
`Release of Transcript Restriction set for 5/27/2019, (Davis, Kristie) (Entered:
`02/25/2019)
`
`48 ORDER SETTING MARKMAN HEARING. Hearing set for 7/19/2019 09:30 AM
`before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered:
`02/26/2019)
`
`49 Memorandum in Opposition to Motion, filed by Roku, Inc., re 43 MOTION to Dismiss
`Defendant's Inequitable Conduct Counterclaims and To Strike Affirmative Defense of
`Inequitable Conduct filed by Plaintiff MV3 Partners LLC (Attachments: # 1 Exhibit
`Specification)(Mandrusiak, Lisa) (Entered: 02/26/2019)
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`02/27/2019
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`50 AGREED ORDER GOVERNING PROCEEDINGS. Signed by Judge Alan D
`Albright. (lad) (Entered: 02/27/2019)
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`02/27/2019
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`02/27/2019
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`03/04/2019
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`03/04/2019
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`03/05/2019
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`03/05/2019
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`03/13/2019
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`51 SCHEDULING ORDER: Joinder of Parties due by 9/4/2019, Amended Pleadings due
`by 10/16/2019, Dispositive/Daubert Motions due by 3/18/2020, Pretrial Disclosures
`DDL 4/1/2020, Final Pretrial Conference 5/20/2020, Jury Selection/Trial in early June
`2020. Signed by Judge Alan D Albright. (lad) (Entered: 02/27/2019)
`
`52 Opposed MOTION to Transfer Case by Roku, Inc.. (Attachments: # 1 Exhibit
`Declaration of Scott de Haas, # 2 Exhibit MV3 corporate document)(Mandrusiak,
`Lisa) (Entered: 02/27/2019)
`
`Text Order MOOTING 42 Motion entered by Judge Alan D Albright. It has come to
`the Court's attention that the basis for this Motion is no longer present. Therefore, the
`instant Motion is MOOT. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (sb) (Entered: 03/04/2019)
`
`53 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 Opposed
`MOTION to Transfer Case by MV3 Partners LLC. (Attachments: # 1 Proposed
`Order)(Tindel, Andy) (Entered: 03/04/2019)
`
`Text Order GRANTING 53 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Noting the lack of opposition, the Court GRANTS
`Plaintiff's Unopposed Motion to File a Response. Plaintiff's new deadline to respond to
`Defendant's Motion to Transfer Venue shall be March 13, 2019. (This is a text−only
`entry generated by the court. There is no document associated with this entry.) (sb)
`(Entered: 03/05/2019)
`
`54 REPLY to Response to Motion, filed by MV3 Partners LLC, re 43 MOTION to
`Dismiss Defendant's Inequitable Conduct Counterclaims and To Strike Affirmative
`Defense of Inequitable Conduct filed by Plaintiff MV3 Partners LLC (Mann, J.)
`(Entered: 03/05/2019)
`
`55 Response in Opposition to Motion, filed by MV3 Partners LLC, re 52 Opposed
`MOTION to Transfer Case filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit A
`− Declaration of Rodney Miller, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit
`4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11
`Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16
`Exhibit 15, # 17 Exhibit B − Declaration of Wayne Barr, Jr., # 18 Proposed
`Order)(Mann, J.) (Entered: 03/13/2019)
`
`03/18/2019
`
`56 Unopposed MOTION for Extension of Time to File Response/Reply as to 55
`Response in Opposition to Motion,, to Transfer Venue by Roku, Inc.. (Attachments: #
`1 Proposed Order)(Milvenan, Richard) (Entered: 03/18/2019)
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 5 of 36
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`03/19/2019
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`03/25/2019
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`03/26/2019
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`04/17/2019
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`04/17/2019
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`04/23/2019
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`04/25/2019
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`Text Order GRANTING 56 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Came on for consideration the aforementioned
`Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall
`have until March 25, 2019, to file its reply. (This is a text−only entry generated by the
`court. There is no document associated with this entry.) (sb) (Entered: 03/19/2019)
`
`57 REPLY to Response to Motion, filed by Roku, Inc., re 52 Opposed MOTION to
`Transfer Case filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit de Haas
`Declaration, # 2 Exhibit Hodgins Declaration, # 3 Exhibit Harmon
`Declaration)(Mandrusiak, Lisa) (Entered: 03/25/2019)
`
`58 ORDER re 52 Opposed MOTION to Transfer Case filed by Roku, Inc. ORDERED
`that Plaintiff MV3 Partners, LLC, has through April 8, 2019, to take the deposition of
`a corporate representative of Defendant to establish which employees will be relevant
`to this patent litigation and their geographic location. Plaintiff will then have until
`April 17, 2019, to file a surreply with respect to the Motion to Transfer. Signed by
`Judge Alan D Albright. (tb) (Entered: 03/26/2019)
`
`59 Motion for leave to File Sealed Document (Attachments: # 1 Plaintiff's Surreply in
`Opposition to Defendant's Motion to Transfer Venue to the Northern District of
`California, # 2 Declaration of Rodney R. Miller, # 3 Exhibit A, # 4 Exhibit B, # 5
`Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, #
`11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16
`Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q) (Mann, J.) (Entered:
`04/17/2019)
`
`60 Opposed MOTION for Leave to File Sur−Surreply in Support of Its Motion to
`Transfer Venue by Roku, Inc.. (Attachments: # 1 Sealed Document Exhibit A−Roku
`Confidential Sur−surreply, # 2 Sealed Document Exhibit B−Confidential de Haas
`Transcript)(Mandrusiak, Lisa) (Entered: 04/17/2019)
`
`61 Response in Opposition to Motion, filed by MV3 Partners LLC, re 60 Opposed
`MOTION for Leave to File Sur−Surreply in Support of Its Motion to Transfer Venue
`filed by Counter Plaintiff Roku, Inc. (Attachments: # 1 Proposed Order)(Mann, J.)
`(Entered: 04/23/2019)
`
`Text Order GRANTING 60 Motion for Leave to File entered by Judge Alan D
`Albright. Came on for consideration Roku's Opposed Motion for Leave to File a
`Sur−Surreply in Support of Its Motion to Transfer Venue. The Court also considered
`Plaintiff's Opposition to Roku's Motion. The Court finds that there is good cause to
`grant Roku's Motion. IT IS THEREFORE ORDERED that Defendant's Motion is
`GRANTED. The Clerk's Office is directed to file Exhibit A and Exhibit B of the
`Motion as Roku's Confidential Sur−Surreply in Support of Its Motion to Transfer
`Venue. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 04/25/2019)
`
`04/25/2019
`
`62 Sealed Document filed (Attachments: # 1 Transcript) (lad) (Entered: 04/25/2019)
`
`05/15/2019
`
`63 ORDER SETTING MOTION HEARING for 5/29/2019 03:00 PM before Judge Alan
`D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 05/15/2019)
`
`05/22/2019
`
`64 Claim Construction BRIEF by MV3 Partners LLC. (Attachments: # 1 Declaration of
`Rodney R. Miller, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6
`Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit
`J)(Mann, J.) (Entered: 05/22/2019)
`
`05/23/2019
`
`67 Unopposed MOTION to Withdraw and Substitute Docket Entries 65 and 66 by Roku,
`Inc.. (Mandrusiak, Lisa) (Entered: 05/23/2019)
`
`05/24/2019
`
`05/24/2019
`
`Text Order GRANTING 59 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. The Court grants Plaintiff's Motion for Leave to File Sealed
`Document. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 05/24/2019)
`
`Text Order GRANTING 67 Motion to Withdraw entered by Judge Alan D Albright.
`Came on for consideration Defendant's Motion. Noting that it is unopposed, the Court
`GRANTS the Motion. The Clerk's Office is directed to withdraw Docket Nos. 65 and
`66. Additionally, Defendant is permitted to refile its opening claim construction brief
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 6 of 36
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`05/24/2019
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`05/29/2019
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`06/08/2019
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`and supporting documents. (This is a text−only entry generated by the court. There is
`no document associated with this entry.) (sb) (Entered: 05/24/2019)
`
`68 Claim Construction BRIEF by Roku, Inc.. (Attachments: # 1 Affidavit Mandrusiak
`Declaration, # 2 Exhibit 1 − 223 Patent, # 3 Exhibit 2 File History Part 1, # 4 Exhibit 2
`File History Part 2, # 5 Exhibit 3 Akl Declaration, # 6 Exhibit 4 Glossary, # 7 Exhibit
`5 Dictionary Excerpt, # 8 Exhibit 6 Textbook excerpt, # 9 Exhibit 7 Patent, # 10
`Exhibit 8 Dictionary Excerpt, # 11 Exhibit 9 Patent Application, # 12 Exhibit 10
`Dictionary Excerpt, # 13 Exhibit 11 Dictionary Excerpt, # 14 Exhibit 12 Textbook
`Excerpt, # 15 Exhibit 13 Patent, # 16 Exhibit 14 Product Info, # 17 Exhibit 15 Product
`Info, # 18 Errata 16 Dictionary Excerpt, # 19 Exhibit 17 MV3 Patent Owner
`Preliminary Response in IPR, # 20 Exhibit 18 Schonfeld Dec in IPR)(Mandrusiak,
`Lisa) (Entered: 05/24/2019)
`
`70 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing
`held on 5/29/2019. Case called for Motion Hearing. Parties argued their positions
`regarding the Motion to Transfer Venue. Court will issue order next week hopefully.
`(Minute entry documents are not available electronically.). (Court Reporter Kristie
`Dvis.)(lad) (Entered: 05/29/2019)
`
`71 Transcript filed of Proceedings held on 5−29−19, Proceedings Transcribed: Motion
`Hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 7/1/2019, Redacted Transcript Deadline set for 7/9/2019,
`Release of Transcript Restriction set for 9/6/2019, (kd) (Entered: 06/08/2019)
`
`06/12/2019
`
`72 RESPONSE to MV3's Opening Claim Construction Brief to 64 Brief, by Roku, Inc..
`(Mandrusiak, Lisa) (Entered: 06/12/2019)
`
`06/12/2019
`
`73 RESPONSE to Roku's Opening Claim Construction Brief to 68 Brief,,, by MV3
`Partners LLC. (Attachments: # 1 Declaration of Daniel C. Miller, # 2 Exhibit A, # 3
`Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Mann, J.) (Entered: 06/12/2019)
`
`06/25/2019
`
`74 ORDER DENYING 52 Motion to Transfer Venue. Signed by Judge Alan D Albright.
`(lad) (Entered: 06/25/2019)
`
`06/25/2019
`
`06/26/2019
`
`06/26/2019
`
`75 ORDER DENYING 43 Motion to Dismiss DEFENDANTS INEQUITABLE
`CONDUCT COUNTERCLAIMS. Signed by Judge Alan D Albright. (lad) (Entered:
`06/25/2019)
`
`76 RESPONSE (Reply) in Support of its Claim Construction Positions to 73 Response by
`Roku, Inc.. (Attachments: # 1 Affidavit Mandrusiak Declaration, # 2 Exhibit
`19)(Mandrusiak, Lisa) (Entered: 06/26/2019)
`
`77 RESPONSE Reply Claim Construction Brief to 72 Response by MV3 Partners LLC.
`(Attachments: # 1 Declaration ISO Reply Claim Construction Brief, # 2 Exhibit 1, # 3
`Exhibit 2)(Tindel, Andy) (Entered: 06/26/2019)
`
`07/03/2019
`
`78 NOTICE of Filing Joint Claim Construction Statement by MV3 Partners LLC
`(Attachments: # 1 Exhibit A)(Tindel, Andy) (Entered: 07/03/2019)
`
`07/03/2019
`
`79 NOTICE of Compliance Regarding Submission of Technology Tutorial by MV3
`Partners LLC (Tindel, Andy) (Entered: 07/03/2019)
`
`07/09/2019
`
`80 ANSWER to 39 Answer to Amended Complaint, Counterclaim of Defendant Roku,
`Inc. by MV3 Partners LLC.(Tindel, Andy) (Entered: 07/09/2019)
`
`07/11/2019
`
`81 ORDER setting Telephone Conference for 7/15/2019 05:00 PM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (lad) (Entered: 07/11/2019)
`
`07/19/2019
`
`82 Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing
`held on 7/19/2019. Case called for Tutorial and Markman hearings. Parties announce
`ready. Parties begin tutorial terms. Experts Dan Schoenfeld and Robert Akl heard.
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 7 of 36
`
`07/22/2019
`
`Rulings regarding terms made on the record. Hearing concluded. (Minute entry
`documents are not available electronically.) (Court Reporter Kristie Davis.)(lad)
`(Entered: 07/19/2019)
`
`83 Transcript filed of Proceedings held on 7−19−19, Proceedings Transcribed: Markman
`hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 8/12/2019, Redacted Transcript Deadline set for 8/22/2019,
`Release of Transcript Restriction set for 10/21/2019, (kd) (Entered: 07/22/2019)
`
`08/01/2019
`
`84 NOTICE of Service of Initial Disclosures Pursuant to Rule 26(a) by MV3 Partners
`LLC (Tindel, Andy) (Entered: 08/01/2019)
`
`08/13/2019
`
`85 NOTICE of Non−Reliance on the Wang Reference by Roku, Inc. (Mandrusiak, Lisa)
`(Entered: 08/13/2019)
`
`08/13/2019
`
`86 MOTION to Withdraw as Attorney by MV3 Partners LLC. (Singh, Gurtej) (Entered:
`08/13/2019)
`
`08/13/2019
`
`08/14/2019
`
`08/14/2019
`
`08/30/2019
`
`87 Miscellaneous Objection to 85 Notice (Other) of Non−Reliance on The Wang
`Reference by MV3 Partners LLC. (Attachments: # 1 Declaration of Rodney R. Miller,
`# 2 Exhibit 1 − email from Lisa Mandrusiak to Daniel Miller, # 3 Exhibit 2 − Roku's
`Preliminary Invalidity Contentions, # 4 Exhibit 3 − Roku's Amended Preliminary
`Invalidity Contentions)(Tindel, Andy) (Entered: 08/13/2019)
`
`Text Order GRANTING 86 Motion to Withdraw as Attorney. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 08/14/2019)
`
`88 Miscellaneous Objection to 87 Miscellaneous Objection, Opposition to MV3's Motion
`to Strike Roku's Notice of Non−Reliance on the Wang Rference by Roku, Inc..
`(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mandrusiak, Lisa) (Entered: 08/14/2019)
`
`89 NOTICE of Attorney Appearance by David N. Deaconson on behalf of Roku, Inc.
`(Mandrusiak, Lisa) Modified as to atty appearing on 8/30/2019 (lad). (Entered:
`08/30/2019)
`
`10/02/2019
`
`90 CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (lad)
`(Entered: 10/02/2019)
`
`12/10/2019
`
`12/16/2019
`
`01/15/2020
`
`91 Joint MOTION for Entry of Stipulated Supplemental Protective Order Between
`Non−Party MediaTek USA, Inc. and Plaintiff MV3 Partners LLC and Defendant Roku,
`Inc. by MV3 Partners LLC. (Attachments: # 1 Exhibit A − Stipulated Supplemental
`Protective Order)(Tindel, Andy) (Entered: 12/10/2019)
`
`92 STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN
`NON−PARTY MEDIATEK USA INC., PLAINTIFF, AND DEFENDANT.
`GRANTING 91 Motion Signed by Judge Alan D Albright. (lad) (Entered: 12/16/2019)
`
`93 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed
`Document Motion to Amend Infringement Contentions, # 2 Sealed Document, # 3
`Sealed Document, # 4 Sealed Document, # 5 Sealed Document, # 6 Sealed Document,
`# 7 Sealed Document, # 8 Sealed Document, # 9 Sealed Document, # 10 Sealed
`Document, # 11 Sealed Document, # 12 Sealed Document, # 13 Sealed Document)
`(Tindel, Andy) (Entered: 01/15/2020)
`
`01/16/2020
`
`94 DEFICIENCY NOTICE: re 93 Unopposed Motion for leave to File Sealed Document.
`Please sign and resubmit. (lad) (Entered: 01/16/2020)
`
`01/16/2020
`
`95 ATTACHMENT Signature pages to 93 Unopposed Motion for leave to File Sealed
`Document by MV3 Partners LLC. (Tindel, Andy) (Entered: 01/16/2020)
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 8 of 36
`
`01/16/2020
`
`01/16/2020
`
`01/21/2020
`
`01/22/2020
`
`01/27/2020
`
`01/28/2020
`
`Text Order GRANTING 93 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. The Court GRANTS the motion. The Clerk's Office is directed
`to file MV3's Opposed Motion to Amend Infringement Contentions andassociated
`exhibits under seal. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 01/16/2020)
`
`96 Sealed Motion filed: MV3s Motion to Amend Infringement Contentions (Attachments:
`# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4,
`# 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Proposed Order) (lad)
`(Entered: 01/16/2020)
`
`97 MOTION for Extension of Time to File Opposition to MV3's Motion for Leave to
`Amend Final Infringement Contentions by Roku, Inc.. (Attachments: # 1 Proposed
`Order)(Mandrusiak, Lisa) (Entered: 01/21/2020)
`
`Text Order GRANTING 97 Motion for Extension of Time to File entered by Judge
`Alan D Albright. Before the Court is Defendant Roku's Unopposed Motion for
`Extension of Time to Reply to Plaintiff's Motion for Leave to Amend Final
`Infringement Contentions. The Court GRANTS the motion. It is therefore ORDERED
`that Defendant Roku shall have up to and including January 27, 2020 in which to file
`an opposition to Motion for Leave to Amend Final Infringement Contentions filed by
`Plaintiff MV3. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 01/22/2020)
`
`98 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed
`Document Opposition to MV3's Motion for Leave to Amend, # 2 Exhibit Mandrusiak's
`Declaration, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6
`Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6) (Deaconson, David)
`(Entered: 01/27/2020)
`
`Text Order GRANTING 98 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. The Motion is GRANTED. The Clerk's Office is directed to
`file Rokus Opposition to MV3s Motion to Amend Infringement Contentions and
`associated exhibits under seal. (This is a text−only entry generated by the court. There
`is no document associated with this entry.) (jy) (Entered: 01/28/2020)
`
`01/28/2020
`
`99 Sealed Document filed: Roku's Opposition to 96 MV3's Motion to Amend
`Infringement Contentions (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2,
`# 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (lad) (Entered: 01/28/2020)
`
`01/28/2020
`
`100 ORDER setting Telephone Conference set for 1/30/2020 04:00 PM before Judge Alan
`D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 01/28/2020)
`
`01/29/2020
`
`101 ORDER Resetting Telephonic Hearing to Thursday, January 30 at 10:00 a.m.. Signed
`by Judge Alan D Albright. (sm3) (Entered: 01/30/2020)
`
`01/30/2020
`
`102 Minute Entry for proceedings held before Judge Alan D Albright: Telephone
`Conference held on 1/30/2020. Case called for telephonic discovery hearing. Parties
`argued before the Court their position regarding expert report designations. The Court
`ordered no distribution of expert reports until the designation is determined. The party
`is to let the other party know by Monday, 2/3 what they feel is confidential and should
`be designated highly confidential and that they will want to use in their expert report.
`If the party disagrees, then they shall let the court know (Tuesday) with where the
`disagreement is and the Court will make a ruling. At this point, if one party says
`something is confidential then it is considered confidential unless the Court makes a
`ruling that is different that than (Minute entry documents are not available
`electronically.). (Court Reporter Kristie Davis.)(lad) (Entered: 01/30/2020)
`
`01/30/2020
`
`103 Unopposed MOTION for Extension of Time to File Response/Reply as to 99 Sealed
`Document Roku's Opposition by MV3 Partners LLC. (Attachments: # 1 Proposed
`Order)(Tindel, Andy) (Entered: 01/30/2020)
`
`02/02/2020
`
`Text Order GRANTING 103 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Came on for consideration is Plaintiff's Motion.
`Noting that it is unopposed, the Court GRANTS the Motion. Plaintiff shall have up to
`and including February 6, 2020 to respond/reply. (This is a text−only entry generated
`by the court. There is no document associated with this entry.) (jy) (Entered:
`02/02/2020)
`
`

`

`Case: 6:18-cv-00308-ADA As of: 08/31/2020 08:20 AM CDT 9 of 36
`
`02/05/2020
`
`02/06/2020
`
`02/07/2020
`
`104 Transcript filed of Proceedings held on 1−30−2020, Proceedings Transcribed:
`Telephonic Discovery Hearing. Court Reporter/Transcriber: Kristie Davis, Telephone
`number: 254−340−6114. Parties are notified of their duty to review the transcript to
`ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased
`from the court reporter or viewed at the clerk's office public terminal. If redaction is
`necessary, a Notice of Redaction Request must be filed within 21 days. If no such
`Notice is filed, the transcript will be made available via PACER without redaction
`after 90 calendar days. The clerk will mail a copy of this notice to parties not
`electronically notic