throbber
6/24/2021
`
`CAND-ECF
`
`ADRMOP,AO279,CLOSED,STAYED
`
`U.S. District Court
`
`California Northern District (Oakland)
`
`CIVIL DOCKET FOR CASE #: 4:20-cv-05504-JST
`
`Apple Inc. v. Koss Corporation
`
`Assigned to: Judge Jon S. Tigar
`
`Cause: 28:2201 Declaratory Judgement
`
`Plaintiff
`Apple Inc.
`
`Date Filed: 08/07/2020
`
`Date Terminated: 05/13/2021
`Jury Demand: Plaintiff
`
`Nature of Suit: 830 Patent
`
`Jurisdiction: Federal Question
`
`represented by Alan E. Littmann
`Goldman Ismail Tomaselli Brennan & Baum
`LLP
`200 South Wacker Drive
`22nd Floor
`Chicago, IL 60606
`(312) 681-6000
`Fax: (312) 881-5191
`Email: alittmann@goldmanismail.com
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`Kenneth Frederick Baum
`Goldman Ismail Tomaselli Brennan & Baum
`LLP
`100 Wilshire Blvd., Suite 1760
`Santa Monica, CA 90401
`(310) 576-6900
`Email: kbaum@goldmanismail.com
`ATTORNEY TO BE NOTICED
`
`Lauren C Abendshien
`Goldman Ismail Tomaselli Brennan & Baum
`LLP
`200 South Wacker Drive
`22nd Floor
`Chicago, IL 60606
`312-881-5998
`Fax: 312-881-5975
`Email: labendshien@goldmanismail.com
`TERMINATED: 01/06/2021
`PRO HAC VICE
`
`Michael Thomas Pieja
`Goldman Ismail Tomaselli Brennan & Baum
`LLP
`200 South Wacker Drive
`22nd Floor
`Chicago, IL 60606
`(312) 681-6000
`Fax: (312) 881-5191
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`1/9
`
`Page 1 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`CAND-ECF
`
`Email: mpieja@goldmanismail.com
`ATTORNEY TO BE NOTICED
`
`V.
` Defendant
`Koss Corporation
`
`represented by Benjamin E Weed
`KLGates LLP
`70 West Madison Street Suite 3100
`Chicago, IL 60602
`312-781-7166
`Email: benjamin.weed@klgates.com
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Erik James Halverson
`K&L Gates LLP
`70 W. Madison Street, Suite 3300
`Chicago, IL 60602
`312-807-4240
`Email: erik.halverson@klgates.com
`
`ATTORNEY TO BE NOTICED
`
`
`Gina Alyse Johnson
`KL Gates LLP
`70 W. Madison
`Suite 3100
`Chicago, IL 60602
`312-807-4243
`Fax: 312-345-9063
`Email: gina.johnson@klgates.com
`
`PRO HAC VICE
`
`ATTORNEY TO BE NOTICED
`
`
`Peter Edward Soskin
`K&L Gates LLP
`Four Embarcadero Center, Suite 1200
`San Francisco, CA 94111
`(415) 882-8200
`Fax: (415) 882-8220
`Email: peter.soskin@klgates.com
`ATTORNEY TO BE NOTICED
`
`
`
`Date Filed
`08/07/2020
`
`08/07/2020
`08/07/2020
`
`08/07/2020
`
`# Docket Text
`1 COMPLAINT FOR DECLARATORY JUDGMENT against Koss Corporation ( Filing fee $ 400,
`receipt number 0971-14790565.). Filed byApple Inc.. (Attachments: # 1 Exhibit 1 - US10206025,
`# 2 Exhibit 2 - US10298451, # 3 Exhibit 3 - US10469934, # 4 Exhibit 4 - US10491982, # 5
`Exhibit 5 - US10506325, # 6 Civil Cover Sheet)(Pieja, Michael) (Filed on 8/7/2020) (Entered:
`08/07/2020)
`2 Proposed Summons. (Pieja, Michael) (Filed on 8/7/2020) (Entered: 08/07/2020)
`3 Certificate of Interested Entities by Apple Inc. (Pieja, Michael) (Filed on 8/7/2020) (Entered:
`08/07/2020)
`4 REPORT on the filing or determination of an action regarding U.S. Patent Nos. 10,206,025;
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`2/9
`
`Page 2 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`08/07/2020
`
`08/07/2020
`
`CAND-ECF
`10,298,451; 10,469,934; 10,491,982; 10,506,325 (cc: form mailed to register). (Pieja, Michael)
`(Filed on 8/7/2020) (Entered: 08/07/2020)
`5 NOTICE of Appearance by Michael Thomas Pieja (Pieja, Michael) (Filed on 8/7/2020) (Entered:
`08/07/2020)
`6 Case assigned to Magistrate Judge Susan van Keulen.
`
`Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of
`Removal, Summons and the assigned judge's standing orders and all other new case documents
`upon the opposing parties. For information, visit E-Filing A New Civil Case at
`http://cand.uscourts.gov/ecf/caseopening.
`
`Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges.
`Upon receipt, the summons will be issued and returned electronically. Counsel is required to send
`chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will
`be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due
`by 8/21/2020. (bwS, COURT STAFF) (Filed on 8/7/2020) (Entered: 08/07/2020)
`7 NOTICE of Appearance by Kenneth Frederick Baum (Baum, Kenneth) (Filed on 8/7/2020)
`(Entered: 08/07/2020)
`8 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14790782.)
`filed by Apple Inc.. (Attachments: # 1 Certificate of Good Standing)(Littmann, Alan) (Filed on
`8/7/2020) (Entered: 08/07/2020)
`9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14790792.)
`filed by Apple Inc.. (Attachments: # 1 Certificate of Good Standing)(Abendshien, Lauren) (Filed
`on 8/7/2020) (Entered: 08/07/2020)
`10 ORDER OF RECUSAL. Signed by Judge Susan van Keulen on 8/10/2020. (svklc1S,
`COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)
`11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind
`system pursuant to General Order No. 44 to Magistrate Judge Sallie Kim for all further
`proceedings re Order of Recusal. Magistrate Judge Susan van Keulen no longer assigned to
`case. (bwS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)
`12 Summons Issued as to Koss Corporation. (elyS, COURT STAFF) (Filed on 8/10/2020) (Entered:
`08/10/2020)
`13 Initial Case Management Scheduling Order with ADR Deadlines: Case Management
`Statement due by 11/2/2020. Initial Case Management Conference set for 11/9/2020 01:30
`PM in San Francisco, Courtroom C, 15th Floor. (elyS, COURT STAFF) (Filed on 8/10/2020)
`(Entered: 08/10/2020)
`14 SUMMONS Returned Executed by Apple Inc.. Koss Corporation served on 8/11/2020, answer
`due 9/1/2020. (Pieja, Michael) (Filed on 8/11/2020) (Entered: 08/11/2020)
`15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Pieja,
`Michael) (Filed on 8/13/2020) (Entered: 08/13/2020)
`16 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind
`system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings.
`Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge
`participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and
`http://cand.uscourts.gov/cameras.. Signed by Clerk on 8/17/20. (Attachments: # 1 Notice of
`Eligibility for Video Recording)(asS, COURT STAFF) (Filed on 8/17/2020) (Entered:
`08/17/2020)
`17 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management
`Statement due by 11/3/2020. Initial Case Management Conference set for 11/10/2020 02:00 PM
`
`08/07/2020
`
`08/07/2020
`
`08/07/2020
`
`08/10/2020
`
`08/10/2020
`
`08/10/2020
`
`08/10/2020
`
`08/11/2020
`
`08/13/2020
`
`08/17/2020
`
`08/17/2020
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`3/9
`
`Page 3 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`08/18/2020
`
`08/18/2020
`
`08/19/2020
`
`09/02/2020
`
`09/15/2020
`
`09/15/2020
`
`09/29/2020
`
`09/29/2020
`
`09/30/2020
`
`10/13/2020
`
`10/19/2020
`
`10/19/2020
`
`10/20/2020
`
`10/20/2020
`
`CAND-ECF
`in Oakland, Courtroom 6, 2nd Floor. (mllS, COURT STAFF) (Filed on 8/17/2020) (Entered:
`08/17/2020)
`18 Order by Judge Jon S. Tigar granting 8 Motion for Pro Hac Vice as to Alan E. Littmann.
`(mllS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)
`19 Order by Judge Jon S. Tigar granting 9 Motion for Pro Hac Vice as to Lauren Abendshien.
`(mllS, COURT STAFF) (Filed on 8/18/2020) (Entered: 08/18/2020)
`20 NOTICE of Appearance by Peter Edward Soskin (Soskin, Peter) (Filed on 8/19/2020) (Entered:
`08/19/2020)
`21 STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER PLAINTIFF'S COMPLAINT
`PURSUANT TO CIVIL LOCAL RULE 6-1 filed by Apple Inc. and Koss Corporation. (Pieja,
`Michael) (Filed on 9/2/2020) Modified on 9/2/2020 (jmlS, COURT STAFF). (Entered:
`09/02/2020)
`22 STIPULATION TO EXTEND DEFENDANT'S TIME TO ANSWER PLAINTIFF'S COMPLAINT
`PURSUANT TO CIVIL LOCAL RULE 6-1 filed by Apple Inc.. (Pieja, Michael) (Filed on
`9/15/2020) (Entered: 09/15/2020)
` Electronic filing error. REMINDER: Case division and case location information are incorrect.
`The correct information is Oakland Division and the case number should be 4:20-cv-5504
`JST. Re: 22 Stipulation filed by Apple Inc. (jmlS, COURT STAFF) (Filed on 9/15/2020)
`(Entered: 09/16/2020)
`23 Corporate Disclosure Statement by Koss Corporation (Soskin, Peter) (Filed on 9/29/2020)
`(Entered: 09/29/2020)
`24 MOTION to Transfer Case filed by Koss Corporation. Motion Hearing set for 10/28/2020 02:00
`PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/13/2020.
`Replies due by 10/20/2020. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Soskin, Peter)
`(Filed on 9/29/2020) (Entered: 09/29/2020)
`25 CLERK'S NOTICE Continuing Motion Hearing. The motion hearing previously set for
`10/28/2020 is CONTINUED due to not being set in compliance with Civil Local Rule 7-2.
`Set/Reset Deadlines as to 24 MOTION to Transfer Case . Motion Hearing set for 11/4/2020 02:00
`PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. (This is a text-only entry
`generated by the court. There is no document associated with this entry.), (Related documents(s)
`24 )(mllS, COURT STAFF) (Filed on 9/30/2020) (Entered: 09/30/2020)
`26 OPPOSITION/RESPONSE (re 24 MOTION to Transfer Case ) filed byApple Inc.. (Attachments:
`# 1 Declaration of Mark Rollins, # 2 Declaration of Lauren Abendshien, # 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)
`(Pieja, Michael) (Filed on 10/13/2020) (Entered: 10/13/2020)
`27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pieja, Michael) (Filed on
`10/19/2020) (Entered: 10/19/2020)
`28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Soskin, Peter) (Filed on
`10/19/2020) (Entered: 10/19/2020)
`29 Administrative Motion to File Under Seal filed by Koss Corporation. (Attachments: # 1
`Declaration of Peter E. Soskin in Support of Administrative Motion to Seal, # 2 SEALED
`VERSION of Defendant Koss Corporation's Reply in Support of its Motion to Dismiss or
`Otherwise Transfer Under Rule 12, # 3 REDACTED VERSION of Defendant Koss Corporation's
`Reply in Support of its Motion to Dismiss or Otherwise Transfer Under Rule 12, # 4 Exhibit B -
`SEALED VERSION, # 5 Exhibit B - PUBLIC VERSION, # 6 Proposed Order)(Soskin, Peter)
`(Filed on 10/20/2020) (Entered: 10/20/2020)
`30 REPLY (re 24 MOTION to Transfer Case ) filed byKoss Corporation. (Attachments: # 1
`Declaration of Peter E. Soskin in Support of Defendant Koss Corporation's Reply in Support of its
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`4/9
`
`Page 4 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`10/26/2020
`
`10/28/2020
`
`10/28/2020
`
`CAND-ECF
`Motion to Dismiss or Otherwise Transfer Under Rule 12, # 2 Exhibit B, # 3 Exhibit C)(Soskin,
`Peter) (Filed on 10/20/2020) (Entered: 10/20/2020)
`31 Declaration of Jeff Lasker in Support of 29 Administrative Motion to File Under Seal filed
`byApple Inc.. (Related document(s) 29 ) (Pieja, Michael) (Filed on 10/26/2020) (Entered:
`10/26/2020)
`32 Certificate of Interested Entities by Koss Corporation (Soskin, Peter) (Filed on 10/28/2020)
`(Entered: 10/28/2020)
`33 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 11/4/2020 02:00 PM in
`Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom
`webinar.
`
`Webinar Access: All counsel, members of the public, and media may access the webinar
`information at https://www.cand.uscourts.gov/jst
`
`Court Appearances: Advanced notice is required of counsel or parties who wish to be identi fied
`by the court as making an appearance or will be participating in the argument at the hearing. One
`list of names of all counsel appearing for all parties must be sent in one email to the CRD at
`JSTCRD@cand.uscourts.gov no later than November 3, 2020 by 2:00 p.m.
`
`General Order 58. Persons granted access to court proceedings held by telephone or
`videoconference are reminded that photographing, recording, and rebroadcasting of court
`proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
`
`Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
`
`, Set/Reset Deadlines as to 24 MOTION to Tran sfer Case . Motion Hearing set for 11/4/2020
`02:00 PM in Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated
`by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on
`10/28/2020) (Entered: 10/28/2020)
`34 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15131102.)
`filed by Koss Corporation. (Weed, Benjamin) (Filed on 10/29/2020) (Entered: 10/29/2020)
`35 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-15131210.)
`filed by Koss Corporation. (Johnson, Gina) (Filed on 10/29/2020) (Entered: 10/29/2020)
`36 Order by Judge Jon S. Tigar granting 34 Motion for Pro Hac Vice as to Benjamin E. Weed.
`(mllS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)
`37 ORDER by Judge Jon S. Tigar granting 35 Motion for Pro Hac Vice as to Gina A. Johnson.
`(mllS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)
`38 JOINT CASE MANAGEMENT STATEMENT filed by Apple Inc. and Koss Corporation. (Pieja,
`Michael) (Filed on 11/3/2020) Modified on 11/4/2020 (jmlS, COURT STAFF). (Entered:
`11/03/2020)
`39 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on
`11/4/2020 re 24 MOTION to Transfer, Dismiss, or Stay Case filed by Koss Corporation, 29
`Administrative Motion to File Under Seal filed by Koss Corporation ; granting 24 Motion to
`Stay Case; granting 29 Administrative Motion to File Under Seal. Hearing held via Zoom
`videoconference. Argument heard from parties. The Court issued it's ruling from the bench,
`GRANTING the Motion to Stay, and GRANTING the Administrative Motion to File Under
`Seal. Case Stayed. The transcript of today's hearing will serve as the Court's written order.
`
`Total Time in Court: 43 minutes. Court Reporter: Diane Skillman.
`
`Plaintiff Attorney: Michael Pieja, Alan Littmann, Lauren Abendshein, Jessica Hannah -
`Apple Representative.
`
`Defendant Attorney: Benjamin Weed, Gina Johnson, Peter Soskin, Michael Koss, Jr. - Koss
`
`10/29/2020
`
`10/29/2020
`
`10/29/2020
`
`10/29/2020
`
`11/03/2020
`
`11/04/2020
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`5/9
`
`Page 5 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`11/04/2020
`11/04/2020
`
`11/04/2020
`
`11/23/2020
`
`12/14/2020
`
`12/14/2020
`
`12/14/2020
`
`12/15/2020
`
`CAND-ECF
`Representative. (This is a text-only entry generated by the court. There is no document
`associated with this entry.) (mllS, COURT STAFF) (Date Filed: 11/4/2020) (Entered:
`11/04/2020)
` Case Stayed (mllS, COURT STAFF) (Filed on 11/4/2020) (Entered: 11/04/2020)
`40 TRANSCRIPT ORDER for proceedings held on 11/04/2020 before Judge Jon S. Tigar by Koss
`Corporation, for Court Reporter Diane Skillman. (Soskin, Peter) (Filed on 11/4/2020) (Entered:
`11/04/2020)
`41 TRANSCRIPT ORDER for proceedings held on 11/04/2020 before Judge Jon S. Tigar by Apple
`Inc., for Court Reporter Diane Skillman. (Pieja, Michael) (Filed on 11/4/2020) (Entered:
`11/04/2020)
`42 Transcript of Proceedings held on November 4, 2020, before Judge Jon S. Tigar. Court Reporter
`Diane E. Skillman, telephone number 925-899-2912, Diane_Skillman@cand.uscourts.gov. Per
`General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the
`Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline
`for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any
`Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date
`of this filing. (Re 40 Transcript Order ) Release of Transcript Restriction set for 2/22/2021.
`(Related documents(s) 40 ) (Skillman, Diane) (Filed on 11/23/2020) (Entered: 11/23/2020)
`44 CLERK'S NOTICE Continuing Motion Hearing. The motion hearing set for 1/20/2021 is
`CONTINUED. Set/Reset Deadlines as to 43 MOTION to Enforce Stay and Preliminarily Enjoin
`Arbitration Filed By Apple Inc. .,. Motion Hearing set for 1/27/2021 02:00 PM in Oakland, -
`Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom
`webinar.
`
`Webinar Access: All counsel, members of the public, and media may access the webinar
`information at https://www.cand.uscourts.gov/jst
`
`Court Appearances: Advanced notice is required of counsel or parties who wish to be identified
`by the court as making an appearance or will be participating in the argument at the hearing. A list
`of names and emails must be sent to the CRD at JSTCRD@cand.uscourts.gov no later than
`January 26, 2020 by 2:00 p.m..
`
`General Order 58. Persons granted access to court proceedings held by telephone or
`videoconference are reminded that photographing, recording, and rebroadcasting of court
`proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
`
`Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
`
`Motion Hearing set for 1/27/2021 02:00 PM in Oakland, - Videoconference Only before Judge
`Jon S. Tigar. (This is a text-only entry genera ted by the court. There is no document associated
`with this entry.), (Related documents(s) 43 )(mllS, COURT STAFF) (Filed on 12/14/2020)
`(Entered: 12/14/2020)
`45 Administrative Motion to File Under Seal filed by Koss Corporation. (Attachments: # 1
`Declaration of P. Soskin iso Motion to File Under Seal, # 2 Proposed Order re Motion to File
`Under Seal, # 3 SEALED - Koss Corp's Motion to Enforce Stay and Preliminarily Enjoin
`Arbitration filed by Apple Inc., # 4 Proposed Order re Koss Corp's Motion to Enforce Stay and
`Preliminarily Enjoin Arbitration filed by Apple Inc.)(Soskin, Peter) (Filed on 12/14/2020)
`(Entered: 12/14/2020)
` Electronic filing error. The proposed order signature line is for a judge not a part of this district.
`Please re-file the proposed order with the correct judge at the signature line. Please use the event
`proposed order to re-file the order. Re:[45-2] Proposed Order re Motion to File Under Seal filed
`by Koss Corporation (jmlS, COURT STAFF) (Filed on 12/14/2020) (Entered: 12/15/2020)
`46 Administrative Motion to File Under Seal Corrected filed by Koss Corporation. (Attachments: # 1
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`6/9
`
`Page 6 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`12/21/2020
`
`12/21/2020
`
`12/26/2020
`
`12/28/2020
`
`12/28/2020
`
`12/29/2020
`
`01/04/2021
`
`01/04/2021
`
`01/04/2021
`
`01/04/2021
`
`01/06/2021
`
`01/11/2021
`
`CAND-ECF
`Declaration of P. Soskin iso Corrected Motion to File Under Seal, # 2 Proposed Order re
`Corrected Motion to File Under Seal, # 3 SEALED - Koss Corp's Motion to Enforce Stay and
`Preliminarily Enjoin Arbitration filed by Apple Inc., # 4 SEALED - Exhibit A, # 5 SEALED -
`Exhibit B, # 6 Proposed Order re Koss Corp's Motion to Enforce Stay and Preliminarily Enjoin
`Arbitration filed by Apple Inc.)(Soskin, Peter) (Filed on 12/15/2020) (Entered: 12/15/2020)
`47 STIPULATION WITH PROPOSED ORDER Corrected to Extend Deadline to File Declaration
`in Support re 46 Administrative Motion to File Under Seal filed by Apple Inc. and Koss
`Corporation. (Pieja, Michael) (Filed on 12/21/2020) Modified on 12/21/2020 (jmlS, COURT
`STAFF). (Entered: 12/21/2020)
`48 STIPULATION TO EXTEND DEADLINE FOR APPLE'S DECLARATION IN SUPPORT
`OF KOSS' ADMINISTRATIVE MOTION TO SEAL PURSUANT TO CIVIL LOCAL
`RULE 6-2 by Judge Jon S. Tigar granting 47 Stipulation. Declaration due by 12/28/2020.
`(mllS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)
`49 STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINE FOR APPLE'S
`OPPOSITION TO KOSS' MOTION TO ENFORCE STAY, filed by Apple Inc., Koss
`Corporation. (Pieja, Michael) (Filed on 12/26/2020) Modified on 12/28/2020 (jlmS, COURT
`STAFF). (Entered: 12/26/2020)
`50 Declaration of Jeff Lasker in Support of 45 Administrative Motion to File Under Seal filed
`byApple Inc.. (Related document(s) 45 ) (Pieja, Michael) (Filed on 12/28/2020) (Entered:
`12/28/2020)
`51 Declaration of Kathryn Louise Brown de Vejar in Support of 45 Administrative Motion to File
`Under Seal filed byApple Inc.. (Related document(s) 45 ) (Pieja, Michael) (Filed on 12/28/2020)
`(Entered: 12/28/2020)
`52 ORDER granting 49 STIPULATION WITH PROPOSED ORDER TO EXTEND
`DEADLINE FOR APPLE'S OPPOSITION TO 43 KOSS' MOTION TO ENFORCE STAY.
`Opposition due by 1/4/2021. Signed by Judge Jon S. Tigar on December 29, 2020. (jstlc3,
`COURT STAFF) (Filed on 12/29/2020) (Entered: 12/29/2020)
` Set Hearing as to 43 MOTION to Enforce Stay and Preliminarily Enjoin Arbitration Filed By
`Apple Inc. . Motion Hearing set for 1/27/2020 02:00 PM in Oakland, - Videoconference Only
`before Judge Jon S. Tigar. (amgS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)
` Reset Hearing as to 43 MOTION to Enforce Stay and Preliminarily Enjoin Arbitration Filed By
`Apple Inc. . Motion Hearing set for 1/27/2021 02:00 PM in Oakland, - Videoconference Only
`before Judge Jon S. Tigar. (amgS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)
`53 Administrative Motion to File Under Seal Certain Portions of Plaintiff Apple Inc.'s Opposition to
`Defendant Koss Corporation's Motion to Enforce Stay and Preliminarily Enjoin Arbitration filed
`by Apple Inc.. (Attachments: # 1 Declaration of Michael T. Pieja, # 2 Proposed Order, # 3
`Redacted Version of Apple's Opposition, # 4 Unredacted Version of Apple's Opposition)(Pieja,
`Michael) (Filed on 1/4/2021) (Entered: 01/04/2021)
`54 OPPOSITION/RESPONSE (re 46 Administrative Motion to File Under Seal Corrected ) TO
`DEFENDANT KOSS CORPORATION'S MOTION TO ENFORCE STAY AND PRELIMINARILY
`ENJOIN ARBITRATION (REDACTED) filed byApple Inc.. (Attachments: # 1 Declaration of
`Michael T. Pieja, # 2 Exhibit A - Texas Complaint, # 3 Exhibit B - Texas Motion to Strike)(Pieja,
`Michael) (Filed on 1/4/2021) (Entered: 01/04/2021)
`55 NOTICE of Withdrawal of Counsel, Lauren Abendshien by Apple Inc. (Pieja, Michael) (Filed on
`1/6/2021) Modified on 1/6/2021 (jmlS, COURT STAFF). (Entered: 01/06/2021)
`56 Administrative Motion to File Under Seal Koss Corporation's Reply in Support of its Motion to
`Enforce Stay and Preliminarily Enjoin Arbitration filed by Koss Corporation. (Attachments: # 1
`Declaration of P. Soskin, # 2 Proposed Order, # 3 Reply (Redacted), # 4 Reply (Under Seal))
`(Soskin, Peter) (Filed on 1/11/2021) (Entered: 01/11/2021)
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`7/9
`
`Page 7 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`01/15/2021
`
`01/15/2021
`
`01/19/2021
`
`01/19/2021
`
`01/20/2021
`
`01/21/2021
`
`CAND-ECF
`57 Order by Judge Jon S. Tigar granting in part and denying in part 46 Administrative Motion
`to File Under Seal. Motions due by 1/22/2021.(mllS, COURT STAFF) (Filed on 1/15/2021)
`(Entered: 01/15/2021)
`58 Brief re 56 Administrative Motion to File Under Seal Koss Corporation's Reply in Support of its
`Motion to Enforce Stay and Preliminarily Enjoin Arbitration filed byApple Inc.. (Related
`document(s) 56 ) (Pieja, Michael) (Filed on 1/15/2021) (Entered: 01/15/2021)
`59 Order by Judge Jon S. Tigar granting 53 Administrative Motion to File Under Seal Certain
`Portions of Plaintiff Apple Inc.'s Opposition to Defendant Koss Corporation's Motion to
`Enforce Stay and Preliminarily Enjoin Arbitration(mllS, COURT STAFF) (Filed on
`1/19/2021) (Entered: 01/19/2021)
`60 ORDER RE DEFENDANT KOSS CORPORATION'S ADMINISTRATIVE MOTION FOR
`LEAVE TO FILE UNDER SEAL re 58 Brief, filed by Apple Inc. Signed by Judge Jon S.
`Tigar on January 19, 2021. (mllS, COURT STAFF) (Filed on 1/19/2021) (Entered:
`01/19/2021)
`61 MOTION to Enforce Stay and Preliminary Enjoin Arbitration filed by Koss Corporation.
`Responses due by 2/3/2021. Replies due by 2/10/2021. (Attachments: # 1 Exhibit Exhibit A, # 2
`Exhibit Exhibit B, # 3 Proposed Order Proposed Order)(Soskin, Peter) (Filed on 1/20/2021)
`(Entered: 01/20/2021)
`62 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 1/27/2021 02:00 PM in
`Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a
`Zoom webinar.
`
`Webinar Access: All counsel, members of the public, and media may access the webinar
`information at https://www.cand.uscourts.gov/jst
`
`Court Appearances: Advanced notice is required of counsel or parties who wish t o be identified
`by the court as making an appearance or will be participating in the argument at the hearing. One
`list of names of all counsel appearing for all parties must be sent in one email to the CRD at
`JSTCRD@cand.uscourts.gov no later than January 26, 2021 by Noon.
`
`General Order 58. Persons granted access to court proceedings held by telephone or
`videoconference are reminded that photographing, recording, and rebroadcasting of court
`proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.
`
`Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.
`
`, Set/Reset Deadlines as to 43 MOTION to Enforce Stay and Preliminarily Enjoin Arbitration
`Filed By Apple Inc. . Motion Hearing set for 1/27/2021 02:00 PM in Oakland, - Videoconference
`Only before Judge Jon S. Tigar. (Related documents(s) 43 ) (This is a text-only entry generated by
`the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on
`1/21/2021) (Entered: 01/21/2021)
`63 Minute Entry for proceedings held before Judge Jon S. Tigar: Motion Hearing held on
`1/27/2021. Hearing held under seal via Zoom Videoconference. Argument heard from
`parties. Ruling issued from the bench terminating 43 Motion ; denying 61 Motion to
`Enforce Stay and Preliminary Enjoin Arbitration. The transcript of today's proceedings will
`serve as the Court's written order, and shall be sealed from the public. Access is granted to
`counsel of record and parties in the case without further order of the court.Total Time in
`Court: 37 minutes. Court Reporter: Pamela Hebel. Plaintiff Attorney: Michael Pieja, Alan
`Littmann, Sam Schoenburg. Defendant Attorney: Benjamin E. Weed, Gina A. Johnson,
`Peter E. Soskin. (This is a text-only entry generated by the court. There is no document
`associated with this entry.) (mllS, COURT STAFF) (Date Filed: 1/27/2021) (Entered:
`01/27/2021)
`64 TRANSCRIPT ORDER for proceedings held on January 27, 2021 before Judge Jon S. Tigar by
`Apple Inc., for Court Reporter Pam Batalo. (Pieja, Michael) (Filed on 1/28/2021) (Entered:
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`8/9
`
`01/27/2021
`
`01/28/2021
`
`Page 8 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

`

`6/24/2021
`
`01/28/2021
`
`01/29/2021
`
`02/23/2021
`
`04/05/2021
`
`04/09/2021
`
`04/29/2021
`
`05/11/2021
`
`05/12/2021
`
`CAND-ECF
`
`01/28/2021)
`65 TRANSCRIPT ORDER for proceedings held on January 27, 2021 before Judge Jon S. Tigar by
`Koss Corporation, for Court Reporter Pam Batalo. (Soskin, Peter) (Filed on 1/28/2021) (Entered:
`01/28/2021)
`66 Sealed Transcript of Proceedings held on 01/27/2021, before Judge Tigar. Court Reporter Pamela
`Batalo Hebel, Telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per
`General Order No. 59 and Judicial Conference policy,any Notice of Intent to Request Redaction,
`if required, is due no later than 5 business days from date of this filing. Redaction Request due
`2/16/2021. Redacted Transcript Deadline set for 2/26/2021. (Batalo, Pam) (Filed on 1/29/2021)
`(Entered: 01/29/2021)
`67 NOTICE of Appearance by Erik James Halverson (Halverson, Erik) (Filed on 2/23/2021)
`(Entered: 02/23/2021)
`68 NOTICE of Order in Related Case by Koss Corporation re 39 Motion Hearing, Set
`Deadlines/Hearings, Order on Motion to Transfer Case, Order on Administrative Motion to File
`Under Seal, (Attachments: # 1 Exhibit 1)(Soskin, Peter) (Filed on 4/5/2021) Modified on
`4/5/2021 (jmlS, COURT STAFF). (Entered: 04/05/2021)
`69 RESPONSE re 68 Notice (Other), by Apple Inc.. (Attachments: # 1 Declaration of Michael T.
`Pieja, # 2 Exhibit A - WDTX Koss v. Apple Docket, # 3 Exhibit B - 11.4.2020 Hr'g Tr (excerpts),
`# 4 Exhibit C - Judge Albright Standing Order)(Pieja, Michael) (Filed on 4/9/2021) (Entered:
`04/09/2021)
`70 NOTICE of Submission in a Related Case by Koss Corporation re 68 Notice (Other),
`(Attachments: # 1 Exhibit A Def Answer to Complaint)(Soskin, Peter) (Filed on 4/29/2021)
`Modified on 4/30/2021 (jmlS, COURT STAFF). (Entered: 04/29/2021)
`71 RESPONSE re 70 Notice (Other) by Apple Inc.. (Pieja, Michael) (Filed on 5/11/2021) (Entered:
`05/11/2021)
`72 ORDER GRANTING MOTION TO TRANSFER re 24 MOTION to Transfer Case filed by
`Koss Corporation. Signed by Judge Jon S. Tigar on May 12, 2021. (mllS, COURT STAFF)
`(Filed on 5/12/2021) (Entered: 05/12/2021)
`
`PACER Service Center
`Transaction Receipt
`06/24/2021 06:20:51
`
`PACER
`Login:
`
`kl0204:2581655:0 Client Code:
`
`0942556.00401/00509
`
`Description: Docket Report
`
`Billable
`Pages:
`
`9
`
`Search
`Criteria:
`
`Cost:
`
`4:20-cv-05504-JST
`
`0.90
`
`https://ecf.cand.uscourts.gov/cgi-bin/DktRpt.pl?393138030769172-L_1_0-1
`
`9/9
`
`Page 9 of 9
`
`KOSS-2034
`IPR2021-00381
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket