`
`KOSS Corporation v. Apple Inc. WDTX-6-20-cv-00665 at DocketNavigator
`
`Case Numbers: WDTX-6-20-cv-00665
`
`Ka
`“yu
`
`Date «=
`
`Mar. 24,
`2020
`
`© Jul. 22,
`2020
`
`#
`
`Description
`
`10
`
`1
`
`STANDING ORDERfrom U.S.District Judge Alan D. Albright regarding scheduledcivil hearings. Signed by Judge Alan D
`Albright. (Attachments: # 1 Supplemental Standing Order from Chief Judge Garcia re COVID19 Court Procedures)(mc5)
`(Entered: 07/24/2020)
`
`w
`
`4
`COMPLAINT( Filing fee $ 400 receipt number 0542-13787985),filed by KOSS Corporation. (Attachments: #1 Civil Cover Sheet,
`#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, 411 ™
`Exhibit J)(Ghavimi, Darlene) (Entered: 07/23/2020)
`
`
`Complaint-- Infringement
`N/A
`
`Jul. 23,
`2020
`
`Jul. 23,
`2020
`
`Jul. 23,
`2020
`
`Jul. 23,
`2020
`
`Jul. 23,
`2020
`
`2
`
`3
`
`4
`
`5
`
`6
`
`REQUEST FOR ISSUANCE OF SUMMONSbyKOSSCorporation. (Ghavimi, Darlene) (Main Document 2 replaced on 7/23/2020) w
`(bw). (Entered: 07/23/2020)
`
`Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwardedto the Directorof the U.S. Patent and Trademark Office.
`(Ghavimi, Darlene) (Main Document3 replaced on 7/23/2020)(bw). (Entered: 07/23/2020)
`
`Certificate of Interested Parties by KOSS Corporation. (Ghavimi, Darlene) (Entered: 07/23/2020)
`
`wb
`
`|
`
`MOTIONto AppearPro Hac Vice by Darlene Ghavimi for Benjamin J. Weed ( Filing fee $ 100 receipt number 0542-13787994) w
`by on behalf of KOSS Corporation. (Ghavimi, Darlene) (Main Document 5 replaced on 7/23/2020)(bw). (Entered: 07/23/2020)
`
`MOTIONto AppearPro Hac Vice by Darlene Ghavimi for Philip A. Kunz ( Filing fee $ 100 receipt number 0542-13787995) by on wb
`behalf of KOSS Corporation. (Ghavimi, Darlene) (Main Document 6 replaced on 7/23/2020)(bw). (Entered: 07/23/2020)
`
`Jul. 23, 7—MOTIONto AppearPro Hac Vice by Darlene Ghavimi for Erik Halverson(Filing fee $ 100 receipt number 0542-13787996) by w
`
`2020
`on behalf of KOSS Corporation. (Ghavimi, Darlene) (Main Document 7 replaced on 7/23/2020)(bw). (Entered: 07/23/2020)
`
`Jul. 23,
`2020
`
`Jul. 23,
`2020
`
`Jul. 24,
`2020
`
`Jul. 28,
`2020
`
`Aug. 07,
`2020
`
`Aug. 07,
`2020
`
`Aug.07,
`2020
`
`8
`
`9
`
`11
`
`12
`
`13.
`
`14
`
`MOTIONto AppearPro Hac Vice by Darlene Ghavimifor Peter E. Soskin ( Filing fee $ 100 receipt number 0542-13787997) by
`on behalf of KOSS Corporation. (Ghavimi, Darlene) (Entered: 07/23/2020)
`
`SummonsIssuedasto AppleInc. (bw) (Entered: 07/23/2020)
`
`wo
`
`w
`
`Text Order GRANTING 8 Motion to AppearPro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, w
`having reviewed the Motion, finds it should be GRANTEDand therefore orders asfollows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED.IT IS FURTHER ORDEREDthat Applicant, if he/she has not already doneso,shall
`immediately tender the amount of $100.00, made payableto: Clerk, U.S. District Court, in compliance with Local Rule AT-I(f)(2).
`Pursuant to our Administrative Policies and Proceduresfor Electronic Filing, the attorney hereby granted to practice pro hac
`vice in this case must register for electronic filing with our court within 10 daysof this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no documentassociated with this entry.) (jy) (Entered: 07/24/2020)
`
`SUMMONSReturned Executed by KOSS Corporation. Apple Inc served on 7/27/2020, answer due 8/17/2020. (Ghavimi,
`Darlene) (Entered: 07/28/2020)
`
`MOTIONto Strike 1 Complaint, by Apple Inc. (Attachments: # 1 Exhibit Exhibit 1)(Wingard, Steven) (Entered: 08/07/2020)
`
`MOTIONto AppearPro Hac Vice by Steven J. Wingard forAlan E. Littmann ( Filing fee $ 100 receipt number 0542-13843622)
`by on behalf of Apple Inc. (Wingard, Steven) (Entered: 08/07/2020)
`
`MOTIONto AppearPro Hac Vice by Steven J. Wingard for Lauren Abendshien( Filing fee $ 100 receipt number 0542-
`18843626) by on behalf of Apple Inc. (Wingard, Steven)(Entered: 08/07/2020)
`
`Aug. 07,
`2020
`© Aug. 07,
`2020
`
`15 MOTION to AppearPro Hac Vice by Steven J. Wingard for MichaelT. Pieja ( Filing fee $ 100 receipt number 0542-13843628)
`by on behalf of AppleInc. (Wingard, Steven) (Entered: 08/07/2020)
`RULE 7 DISCLOSURE STATEMENTfiled by Apple Inc. (Wingard, Steven) (Entered: 08/07/2020)
`
`16
`
`
`
`Corporate Disclosure Statement N/A
`
`wb
`
`wb
`
`wb
`
`w
`
`wb
`
`|
`
`
`
`{a Docket Navigator
`KOSSCorporation v. Apple Inc. WOTX-6-20-cv-00665
`
`Aug. 08,
`2020
`
`Aug. 11,
`2020
`
`Aug. 11,
`2020
`
`Aug. 12,
`2020
`
`Aug. 12,
`2020
`
`Aug. 12,
`2020
`
`Aug. 12,
`2020
`
`Aug. 13,
`2020
`
`Aug. 14,
`2020
`
`Aug. 21,
`2020
`
`Aug. 24,
`2020
`
`Aug. 28,
`2020
`
`Aug. 31,
`2020
`
`Aug. 31,
`2020
`
`Oct. 20,
`2020
`
`Nov. 09,
`2020
`
`Nov.18,
`2020
`
`Nov.19,
`2020
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Text Order GRANTING 15 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The
`Court, having reviewed the Motion, finds it should be GRANTEDand therefore orders as follows: IT IS ORDERED the Motion for
`Admission Pro Hac Vice is GRANTED.IT IS FURTHER ORDERED that Applicant, if he/she has not already doneso,shall
`immediately tender the amount of $100.00, made payableto: Clerk, U.S. District Court, in compliance with Local Rule AT-I(f)(2).
`Pursuant to our Administrative Policies and Proceduresfor Electronic Filing, the attorney hereby granted to practice pro hac
`vice in this case must register for electronic filing with our court within 10 daysof this order. entered by Judge Alan D Albright.
`(This is a text-only entry generated by the court. There is no documentassociated with this entry.) (jy) (Entered: 08/08/2020)
`
`wb
`
`MOTIONto Appear Pro Hac Vice by Darlene Ghavimi on behalf of Gina A. Johnson( Filing fee $ 100 receipt number 0542-
`13849089) by on behalf of KOSS Corporation. (Attachments: # 1 Proposed Order)(Ghavimi, Darlene) (Entered: 08/11/2020)
`
`Unopposed Motion for leave to File Sealed Document(Attachments: # 1 Proposed Order, # 2 Sealed Document) (Abendshien,
`Lauren) (Entered: 08/11/2020)
`
`Text Order GRANTING 18 Motion for Leave to File Sealed Document entered by Judge Alan D Albright. Before the Court is
`Defendant Apple Inc.'s Unopposed Motion for Leave to File a Sealed Document. The Court GRANTSthe motion. The Clerk's
`Office is directed to file Exhibit 1 to Defendant Apple Inc.'s Motion to Strike, filed August 7, 2020, shall be allowedto befiled
`underseal. (This is a text-only entry generated by the court. There is no documentassociated with this entry.) (jy) (Entered:
`08/12/2020)
`
`Text Order GRANTING 19 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 GRANTSthe Motion.Plaintiff shall have up to and
`including August 21, 2020 to respond/reply.(This is a text-only entry generated by the court. There is no documentassociated
`with this entry.) (jy) (Entered: 08/12/2020)
`
`Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION toStrike 1 Complaint, by KOSS
`Corporation. (Attachments: # 1 Proposed Order)(Ghavimi, Darlene) (Entered: 08/12/2020)
`
`Sealed Documentfiled. Exhibit 1 to 12 Motion to Strike. (bw) (Entered: 08/13/2020)
`
`MOTIONto Appear Pro Hac Vice by Darlene Ghavimi for James A. Shimota( Filing fee $ 100 receipt number 0542-13861551) by
`on behalf of KOSS Corporation. (Ghavimi, Darlene) (Entered: 08/13/2020)
`
`Text Order GRANTING 21 Motion to Appear Pro Hac Vice for Attorney James A. Shimota for KOSS Corporation. Before the
`Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion,finds it should be GRANTED and
`therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`
`Applicant, if he/she has not already doneso, shall immediately tender the amount of $100.00, made payableto: Clerk, U.S.
`District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Proceduresfor Electronic
`Filing, the attorney hereby granted to practice pro hacvice in this case must register for electronic filing with our court within 10
`daysof this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document
`associated with this entry.) (sm3) (Entered: 08/14/2020)
`
`Unopposed MOTION for Leave to Exceed Page Limitation by KOSS Corporation. (Attachments: # 1 Ex. 1 Proposed Opposition
`Brief, # 2 Ex. A to Opposition Brief, # 3 Ex. B to Opposition Brief, # 4 Proposed Order)(Ghavimi, Darlene) (Entered: 08/21/2020)
`
`Responsein Opposition to Motion, filed by KOSS Corporation, re 12 MOTIONto Strike 1 Complaint,filed by Defendant Apple Inc
`(Attachments: # 1 Exhibit A, # 2 Exhibit B)(am) (Main Document 23 replaced on 8/24/2020) (am). (Entered: 08/24/2020)
`
`Unopposed MOTION for Leave to Exceed Page Limitation by Apple Inc. (Attachments: # 1 Exhibit A - Proposed Reply, # 2
`Exhibit 2 to Reply, # 3 Proposed Order)(Abendshien, Lauren) (Entered: 08/28/2020)
`
`Text Order GRANTING 24 Unopposed Motion for Leave to File Excess Pages entered by Judge Alan D Albright. The Clerk is
`directed to enter the attached Reply.(This is a text-only entry generated by the court. There is no document associated with
`this entry.) (as) (Entered: 08/31/2020)
`
`DEFENDANT APPLE INC'S REPLY IN SUPPORT OF ITS MOTION TO STRIKE PLAINTIFF KOSS CORPORATIONS COMPLAINT
`filed by Apple Inc (Attachments: # 1 Exhibit)(bw) (Entered: 09/01/2020)
`
`STATUS REPORTre Case Readiness by KOSS Corporation. (Ghavimi, Darlene) (Entered: 10/20/2020)
`
`Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (jkda) (Entered: 11/10/2020)
`
`MOTIONto Appear Pro Hac Vice by Steven J. Wingard ( Filing fee $ 100 receipt number 0542-14197657) by on behalf of Apple
`Inc. (Attachments: # 1 Proposed Order)(Wingard, Steven) (Entered: 11/18/2020)
`
`Text Order GRANTING 28 Motion to Appear Pro Hac Vice for Attorney Samuel E. Schoenburg for Apple Inc. Before the Court is
`the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore
`orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that
`Applicant, if he/she has not already doneso, shall immediately tender the amount of $100.00, made payableto: Clerk, U.S.
`District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Proceduresfor Electronic
`Filing, the attorney hereby granted to practice pro hacvice in this case must register for electronic filing with our court within 10
`daysof this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document
`associated with this entry.) (mm6) (Entered: 11/19/2020)
`
`6&@8@
`
`868@@
`6&@6686@
`
`
`
`
`
`KOSS Corporation v. Apple Inc. WDTX-6-20-cv-00665 at DocketNavigator
`
`Nov.25,
`2020
`
`Nov. 30,
`2020
`
`Dec.10,
`2020
`
`Dec.15,
`2020
`
`Dec.15,
`2020
`
`Dec.16,
`2020
`
`Dec.18,
`2020
`
`Dec.21,
`2020
`
`Dec. 21,
`2020
`
`Dec.23,
`2020
`
`Dec. 28,
`2020
`
`Dec. 28,
`2020
`
`29
`
`30
`
`Proposed Scheduling Order (Agreed) by Apple Inc. (Pieja, Michael) (Entered: 11/25/2020)
`
`~=SCHEDULING ORDER: Markman Hearing set for 4/22/2021 09:00 AM before Judge Alan D Albright. Joinder of Parties due by
`6/3/2021. Amended Pleadings due by 8/12/2021. Dispositive Motions due by 1/27/2022. Pretrial Conference set for 3/31/2022
`before Judge Alan D Albright. Jury Selection andTrial set for 4/18/2022 before Judge Alan D Albright. Signed by Judge Alan D
`Albright. (bw) (Entered: 11/30/2020)
`
`31 Unopposed Motionfor leave to File Sealed Document (Attachments: # 1 Proposed Orderto File Under Seal, # 2 Sealed
`Document Unopposed Motion to File Surreply, # 3 Proposed Orderto File Surreply, # 4 Sealed Document Ex. 1 Proposed
`Surreply, # 5 Sealed DocumentEx. A to Proposed Surreply, # 6 Sealed DocumentEx. B to Proposed Surreply, # 7 Sealed
`Document Ex. C to Proposed Surreply) (Ghavimi, Darlene) (Entered: 12/10/2020)
`
`Text Order GRANTING 31 Motion for Leave to File Sealed Document entered by Judge Alan D Albright. It is hereby ORDERED
`that Plaintiffs Motion for Leave to File Under Seal Koss' Motion for Leave to File Sur-Reply Brief in Opposition to Defendants
`Motion to Strike shall be filed under seal and deemedfiled as of the date of this Order. (This is a text-only entry generated by
`the court. There is no document associated with this entry.) (re) (Entered: 12/15/2020)
`
`w
`
`wb
`
`wb
`
`wb
`
`32
`
`Sealed Unopposed Motionto File Surreply filed. (Attachments: # 1 Proposed Order, # 2 Exhibit 1-Proposed Surreply, # 3 Exhibit w
`A, # 4 Exhibit B, # 5 Exhibit C) (bw) (Entered: 12/15/2020)
`
`Text Order GRANTING 32 Sealed Motion entered by Judge Alan D Albright. Upon consideration of Plaintiff Koss Corporation's
`Motion for Leave to File a Sur-Reply Brief in Opposition to Defendant's Motion to Strike, it is hereby ORDERED thatPlaintiff's
`Motion is GRANTED.It is further ORDEREDthatPlaintiffs Sur-Reply Brief in Opposition to Defendant's Motion to Strike shall be
`deemedfiled as of the date of this Order. (This is a text-only entry generated by the court. There is no documentassociated
`with this entry.) (re) (Entered: 12/16/2020)
`
`33. Unopposed MOTIONfor Leave to Exceed PageLimitation by Apple Inc. (Attachments: # 1 Proposed Order for Unopposed
`Motion for Leave, # 2 Exhibit 1- Proposed Motion to Transfer, # 3 Declaration of Samuel E. Schoenburg in Support of Motion to
`Transfer, # 4 Exhibit A to Motion to Transfer, # 5 Exhibit B to Motion to Transfer, # 6 Exhibit C to Motion to Transfer, # 7 Exhibit D
`to Motion to Transfer, # 8 Exhibit E to Motion to Transfer, # 9 Exhibit F to Motion to Transfer, # 10 Exhibit G to Motion to Transfer,
`# 11 Exhibit H to Motion to Transfer, # 12 Exhibit | to Motion to Transfer, # 13 Exhibit J to Motion to Transfer, # 14 Exhibit K to
`Motion to Transfer, # 15 Exhibit L to Motion to Transfer, # 16 Exhibit M to Motion to Transfer, # 17 Exhibit N to Motion to Transfer,
`# 18 Exhibit O to Motion to Transfer, # 19 Exhibit P to Motion to Transfer, # 20 Exhibit Q to Motion to Transfer, # 21 Proposed
`Order for Motion to Transfer)(Pieja, Michael) (Entered: 12/18/2020)
`
`34
`
`MOTIONto Transfer Case by Apple Inc. (Attachments: # 1 Declaration of Samuel E. Schoenburg in Support of Motion to
`Transfer, # 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 |, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, #16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, #
`19 Proposed Order)(am) (Main Document 34 replaced on 12/21/2020) (am). (Entered: 12/21/2020)
`
`wb
`
`wb
`
`wo
`
`35 Opposed MOTIONto Stay Case Pending Resolution of Motion to Strike and Motion to Transfer by Apple Inc. (Attachments: # 1 w
`Proposed Order)(Pieja, Michael) (Entered: 12/21/2020)
`
`36 Unopposed MOTIONfor Extension of Time to File Response/Reply as to 35 Opposed MOTIONto Stay Case Pending
`Resolution of Motion to Strike and Motion to Transfer by KOSS Corporation. (Attachments: # 1 Proposed Order)(Ghavimi,
`Darlene) (Entered: 12/23/2020)
`
`wb
`
`Text Order GRANTING 36 Motion for Extension of Time to File Response/Reply entered by Judge Alan D Albright. IT IS HEREBY wo
`ORDERED,that the deadline forPlaintiff to respond to Defendant's Motion to Stay Caseis extended from December 28, 2020
`to January 4, 2020.(This is a text-only entry generated by the court. There is no documentassociated with this entry.) (re)
`(Entered: 12/28/2020)
`
`37
`
`NOTICE of Withdrawal of Counsel by Apple Inc (Bueno, Kimberly) (Entered: 12/28/2020)
`
`w
`
`Dec. 29, 38—Unopposed Motionfor leave to File Sealed Document (Attachments: # 1 Proposed Orderto File Under Seal, # 2 Sealed w
`
`
`
`2020
`Document Unopposed Motion for Leave to File Supplemental Brief, # 3 Proposed Order to File Supplemental Brief, # 4 Sealed
`Document Ex. 1 - Proposed Supplemental Brief) (Pieja, Michael) (Entered: 12/29/2020)
`
`Dec. 30,
`2020
`
`Dec. 30,
`2020
`
`Jan. 04,
`2021
`
`Jan. 06,
`2021
`
`Text Order GRANTING 38 Motion for Leave to File Sealed Document entered by Judge Alan D Albright. It is hereby ORDERED
`that Apple's Motion for Leave to File a Supplemental Brief in Support of Its Motion to Strike Koss' Complaint shall be allowed to
`be filed under seal and consideredfiled as of the date of this Order.If it has not already done so, Appleis instructed tofile a
`redacted version of its Supplemental Brief within seven daysof the issuance of this Order. (This is a text-only entry generated
`by the court. There is no documentassociated with this entry.) (re) (Entered: 12/30/2020)
`
`Sealed Motion filed (Attachments: # 1 Proposed Order, # 2 Brief) (bw) (Entered: 12/30/2020)
`
`Responsein Opposition to Motion,filed by KOSS Corporation, re 35 Opposed MOTIONto Stay Case Pending Resolution of
`Motion to Strike and Motion to Transferfiled by Defendant Apple Inc (Attachments: # 1 Proposed Order)(Ghavimi, Darlene)
`(Entered: 01/04/2021)
`
`39
`
`40
`
`41
`
`NOTICE of Withdrawal of Counsel, Lauren Abendshien by Apple Inc (Pieja, Michael) (Entered: 01/06/2021)
`
`wb
`
`wb
`
`w
`
`wb
`
`
`
`
`
`KOSS Corporation v. Apple Inc. WDTX-6-20-cv-00665 at DocketNavigator
`
`Jan. 06,
`2021
`
`Jan. 06,
`2021
`
`Jan. 07,
`2021
`
`Jan. 11,
`2021
`
`Jan. 15,
`2021
`
`Jan.15,
`2021
`
`Jan.19,
`2021
`
`Jan.19,
`2021
`
`Feb.12,
`2021
`
`Feb.19,
`2021
`
`Feb. 26,
`2021
`
`Feb. 26,
`2021
`
`Mar. 02,
`2021
`
`Mar. 03,
`2021
`
`Mar. 05,
`2021
`
`Mar.11,
`2021
`
`Mar.11,
`2021
`
`45
`
`46
`
`47
`
`49
`
`48
`
`50
`
`51
`
`52
`
`53
`
`55
`
`56
`
`42
`
`SUPPLEMENTAL MEMORANDUMto 39 Sealed Motionfiled REDACTED VERSION PURSUANT TO DECEMBER30, 2020
`ORDERby AppleInc.(Pieja, Michael) (Entered: 01/06/2021)
`
`43
`
`DEFICIENCY NOTICE:re 41 Notice (Other) (lad) (Entered: 01/06/2021)
`
`44 Unopposed MOTIONto Withdraw as Attorney Lauren Abendshien by AppleInc. (Pieja, Michael) (Entered: 01/07/2021)
`
`w
`
`w
`
`wb
`
`wb
`
`REPLY to Responseto Motion,filed by Apple Inc, re 35 Opposed MOTIONto Stay Case Pending Resolution of Motion to Strike
`and Motion to Transfer filed by Defendant Apple Inc (Attachments: # 1 Exhibit 1- November 4, 2020 Hearing Transcript
`(excerpts))(Pieja, Michael) (Entered: 01/11/2021)
`
`MOTIONto Appear Pro Hac Vice by Steven J. Wingard ( Filing fee $ 100 receipt number 0542-14379690) by on behalf of Apple
`Inc. (Wingard, Steven) (Entered: 01/15/2021)
`
`MOTIONto AppearPro Hac Vice by Steven J. Wingard ( Filing fee $ 100 receipt number 0542-14379754) by on behalf of Apple w
`Inc. (Wingard, Steven) (Entered: 01/15/2021)
`
`Text Order GRANTING 46 Motion to Appear Pro Hac Vice for Attorney Douglas Winnard for Apple Inc. Before the Court is the
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED andtherefore orders
`as follows: IT |S ORDEREDthe Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDEREDthat Applicant,if
`he/she hasnot already doneso, shall immediately tender the amount of $100.00, made payableto:Clerk, U.S. District Court, in
`compliance with Local Rule AT-| (f)(2). Pursuant to our Administrative Policies and Proceduresfor Electronic Filing, the attorney
`hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 daysof this order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no documentassociated withthis
`entry.) (mm6) (Entered: 01/19/2021)
`
`wb
`
`Text Order GRANTING 47 Motion to AppearPro Hac Vice for Attorney Whitney Woodwardfor Apple Inc. Before the Court is the wb
`Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED andtherefore orders
`as follows: IT |S ORDEREDthe Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDEREDthatApplicant,if
`he/she hasnot already doneso, shall immediately tender the amount of $100.00, made payableto:Clerk, U.S. District Court, in
`compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Proceduresfor Electronic Filing, the attorney
`hereby granted to practice pro hac vice in this case must register for electronicfiling with our court within 10 daysofthis order
`entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no documentassociated with this
`entry.) (mm6)(Entered: 01/19/2021)
`
`Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D
`Albright. as of 2/12/2021. (bot) (Entered: 02/24/2021)
`
`wb
`
`BRIEF by KOSSCorporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # w
`7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Ghavimi, Darlene) (Entered: 02/19/2021)
`
`SUPPLEMENTAL MEMORANDUM to 34 MOTIONto Transfer Case by Apple Inc. (Attachments: # 1 Declaration of Samuel E.
`Schoenburg, # 2 Exhibit R - Invalidity Charts, # 3 Exhibit S - SEALED, # 4 Exhibit T - Non-Party Witness Profiles and Whitepages,
`#5 Exhibit U - US7680267, # 6 Exhibit V - US20080076489)(Pieja, Michael) (Entered: 02/26/2021)
`
`Sealed Document: Exhibit S of 50 Supplemental Memorandum,by Apple Inc (Pieja, Michael) (Entered: 02/26/2021)
`
`Sealed Document: Plaintiff's Opposition of 34 MOTIONto Transfer Case by KOSS Corporation (Attachments: # 1 Proposed
`Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Ghavimi, Darlene)
`(Entered: 03/02/2021)
`
`Sealed Document: Notice of Filing Corrected Exhibit D and Exhibit F of 52 Sealed Document, by KOSS Corporation
`(Attachments: # 1 Exhibit D to Dkt. 52, # 2 Exhibit F to Dkt. 52) (Ghavimi, Darlene) (Entered: 03/03/2021)
`
`54 Unopposed MOTIONfor Extension of Time to File Response/Reply as to 34 MOTIONto Transfer Case by AppleInc.
`(Attachments: # 1 Proposed Order)(Pieja, Michael) (Entered: 03/05/2021)
`
`~Unopposed MOTIONfor Leave to Exceed PageLimitation for Reply in Support of Motion 34 to Transfer by Apple Inc.
`(Attachments: # 1 Proposed Order, # 2 Reply in Support of Motion to Transfer (REDACTED), # 3 Declaration of Samuel E.
`Schoenburg in Support of Reply, # 4 Exhibit Y - Relative Travel Costs, # 5 Exhibit Z - PEAG Motion, # 6 Exhibit AA - Koss Motion,
`#7 Exhibit BB - DocketNavigator Reports)(Pieja, Michael) (Entered: 03/11/2021)
`
`Sealed Document: Reply in Support of Motion to Transfer and Exhibits W and X thereto of 55 Unopposed MOTIONfor Leave to w
`Exceed PageLimitation for Reply in Support of Motion 34 to Transfer by Apple Inc (Attachments: # 1 Exhibit W, # 2 Exhibit X)
`(Pieja, Michael) (Entered: 03/11/2021)
`
`w
`
`w
`
`wb
`
`w
`
`wb
`
`w
`
`wb
`BRIEF regarding 48 Brief by Apple Inc. (Attachments: # 1 Exhibit Declaration of Michael T. Pieja, # 2 Exhibit A - Newton (APL-
`57
`Mar.12,
`
`2021 KOSS_00000792-803), # 3 Exhibit B - Penguin (APL-KOSS_00000829-38), # 4 Exhibit C - Hansen Declaration, # 5 ExhibitD-
`Google Search)(Pieja, Michael) (Entered: 03/12/2021)
`
`
`
`
`
`KOSS Corporation v. Apple Inc. WDTX-6-20-cv-00665 at DocketNavigator
`
`°e Mar. 24,
`2021
`
`58
`
`ORDER RESETTING Zoom Markman Hearing for 4/23/2021 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D
`Albright. (bot2) (Entered: 03/24/2021)
`
`&
`=
`
`
`Motion to Transfer Venue for Convenience (28 USC § 1404(a))
`Ruling deferred
`
`
`Motion to Stay Pending Dispositive Motion
`Ruling deferred
`
`Mar. 24,
`2021
`
`Mar. 26,
`2021
`
`Mar. 30,
`2021
`
`eo Mar. 30,
`2021
`
`59
`
`60
`
`61
`
`63
`
`STATUS REPORT REGARDING MOTIONS READY FOR RESOLUTIONbyAppleInc.(Pieja, Michael) (Entered: 03/24/2021)
`
`BRIEF regarding 48 Brief by KOSS Corporation. (Attachments: # 1 Exhibit A)(Ghavimi, Darlene) (Entered: 03/26/2021)
`
`Sealed Order denying 12 . Signed by Judge Alan D Albright. (bw) (Entered: 03/30/2021)
`
`ORDER DENYING DEFENDANTAPPLE INCS MOTION TO STRIKE PLAINTIFF KOSS CORPORATIONS COMPLAINTre 12
`MOTIONto Strike 1 Complaint,filed by Apple Inc. Signed by Judge Alan D Albright. (mg2) (Entered: 04/05/2021)
`
`
`Motion to Strike Pleading
`Denied
`
`District Court Procedural Issues
`L Evidence
`L FRE 408 - Settlement
`District Court Procedural Issues
`L Pleadings
`L Immaterial or Scandalous Material
`(FRCP 12(F
`(f))
`
`The court denied defendant's motionto strike plaintiff's patent infringement complaint due to the
`parties' confidentiality agreement. "[Plaintiff's] complaint only references[its] notice to
`[defendant] and that the parties had subsequent conversations regarding such alleged
`infringements.[Plaintiff's] complaint does not disclose the information discussed during such
`negotiations. Applying Rule 408to the facts of this case would prevent a patentee from
`establishing notice to the infringer ofwillful, induced, and contributory infringement. wee
`[Plaintiff's] Complaint does not violate the Agreement betweenthe Parties. ... The stated
`‘Purpose'is evaluating licenses or transactions.[Plaintiff] contends that [defendant] has not
`articulated why[plaintiff] providing [defendant] with noticeof[its] infringing conductfalls under
`the Purpose of the Agreement..... [Defendant's] own Motion to Strike and [related state]
`Complaint references the same communicationsthat[plaintiff] relies on in its Complaint."
`
`62
`
`64
`
`65
`
`66
`
`NOTICEofInter Partes Review Petitions by KOSS Corporation (Ghavimi, Darlene) (Entered: 03/31/2021)
`
`Responsein Opposition to Motion,filed by KOSS Corporation, re 34 MOTIONto Transfer Casefiled by Defendant Apple Inc
`PUBLIC VERSION (Redacted) (Ghavimi, Darlene) (Entered: 04/07/2021)
`
`USCAFederalCircuit Dispositive Court Order denying Petition for Writ of Mandamus.(lad) (Entered: 04/09/2021)
`
`BRIEF regarding 48 Brief by Apple Inc. (Pieja, Michael) (Entered: 04/09/2021)
`
`67 Unopposed MOTIONfor Extension of Time to File Answer by AppleInc. (Attachments: # 1 Proposed Order)(Pieja, Michael)
`(Entered: 04/12/2021)
`
`68
`
`NOTICEofFiling Joint Claim Construction Statement by KOSS Corporation (Ghavimi, Darlene) (Entered: 04/14/2021)
`
`w
`
`wb
`
`wb
`
`&
`m=
`
`w
`
`wb
`
`wb
`
`wb
`
`wb
`
`w
`
`w
`
`wb
`
`w
`
`Mar. 31,
`2021
`
`Apr. 07,
`2021
`
`Apr. 09,
`2021
`
`Apr. 09,
`2021
`
`Apr. 12,
`2021
`
`Apr.14,
`2021
`
`Apr.15,
`2021
`
`Apr. 15,
`2021
`
`Apr. 15,
`2021
`
`Apr.15,
`2021
`
`Apr. 22,
`2021
`
`69
`
`70
`
`71
`
`Text Order GRANTING 67 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came onfor
`consideration is Defendant's Motion. Noting thatit is unopposed, the Court GRANTSthe Motion. Defendantshall have up to
`and including April 27, 2021 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the
`court. There is no document associated with this entry.) (hs) (Entered: 04/15/2021)
`
`Reset Deadlines: Apple Inc answer due 4/27/2021. (lad) (Entered: 04/15/2021)
`
`Joint MOTIONfor Protective Order by AppleInc. (Attachments: # 1 Exhibit A - Proposed Agreed Protective Order)(Pieja,
`Michael) (Entered: 04/15/2021)
`
`AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS.Signed by Judge Alan D w
`Albright. (bw) (Entered: 04/15/2021)
`
`Sealed Order Denying Defendant's Motion to Transfer Venue to Northern District of California. Signed by Judge Alan D
`Albright. (mc5) (Entered: 04/23/2021)
`
`wb
`
`
`
`at DocketNavigator
`KOSS Corporation v. Apple Inc. WDTX-6-20-cv-00665
`
`
`&
`~Redacted/Public version of 71 Sealed Order Denying Defendant's Motion to Transfer Venue to Northern District of California.
`76
`© Apr. 22,
`
`
`2021 Signed by Judge AlanDAlbright.(lad) (Entered: 05/03/2021) =a
`
`
`
` Motion to Transfer Venue for Convenience (28 USC § 1404(a)) Denied
`
`
`
`Venue
`L Transfer Of Venue For Convenience
`L Private Interest Factors (Venue)
`Venue
`L Transfer Of Venue For Convenience
`L Public Interest Factors (Venue)
`
`The court denied defendant's motion to transfer venue from the Western District of Texas to the
`Northern District of California because the availability of compulsory process, witness
`convenience,practical problems, court congestion, and local interest weighed against transfer.
`"[Plaintiff] has established [plaintiff's IT vendor], while unlikely to testify at trial, and[its firmware
`developer] as unwilling witnesses whoare within this Court's subpoena powerbut are not
`subject to NDCA's subpoena power. [Defendant] hasfailed to sufficiently establish any unwilling
`witnesses subject to NDCAcourt's subpoena power. .
`.
`. [T]he convenience of [defendant's] new
`Austin facility, along with its existing Austin facilities, greatly minimizes the time that [defendant's]
`employees are removed from their regular work responsibilities. .. . [T]his District would be more
`convenientfor the six third-party inventor witnesses. .
`.
`. [T]here are co-pending proceedings that
`involve a majority of the same patents asserted against [defendant]. . .. While [defendant] claims
`historically WOTX and NDCAhavedisposed of cases at comparable rates, recently this Court
`has proved more expeditious.. .
`. [Given that [defendant's] presence in both districts is neutral in
`termsoftransfer, but [plaintiff's] presence in WDTX weighs against transfer, the Court finds that
`the local-interest factor slightly weight against transfer."
`
`Apr. 23, 72—Minute Entry for proceedings held before Judge Alan D Albright. Markman Hearing held on 4/23/2021. The Court heard wo
`
`
`
`2021
`arguments regarding disputed claim terms. TheCourt maderuling on terms and an issue will Order in the future. The Court has
`set the Jury Trial dateof April 18, 2022 - the Court briefly discussedhis trial procedures. (Minute entry documents are not
`available electronically.) (Court Reporter Lily Reznik.)(bw) (Entered: 04/23/2021)
`
`Apr. 27,
`2021
`
`Apr. 29,
`2021
`
`Apr. 29,
`2021
`
`73
`
`74
`
`75
`
`ANSWERto 1 Complaint, with Jury Demand byApple Inc.(Pieja, Michael) (Entered: 04/27/2021)
`
`MOTIONto AppearPro Hac Vice by Darlene Ghavimi on behalf of Amanda Maxfield ( Filing fee $ 100 receipt number 0542-
`14751441) by on behalf of KOSS Corporation. (Ghavimi, Darlene) (Entered: 04/29/2021)
`
`w
`
`wb
`
`NOTICE of Attorney Appearance by Joseph RaymondKolker on behalf of Apple Inc. Attorney Joseph Raymond Kolker added w
`to party Apple Inc(pty:dit) (Kolker, Joseph) (Entered: 04/29/2021)
`
`