Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 1 of 16
`
`U.S. District Court [LIVE]
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE #: 6:19−cv−00716−ADA
`
`PATENT
`
`BROADBAND iTV, INC. v. DISH Network, L.L.C.
`Assigned to: Judge Alan D Albright
`Related Cases: 6:19−cv−00712−ADA
`6:19−cv−00714−ADA
`Case in other court: USCA Federal Circuit, 21−00148
`Cause: 35:271 Patent Infringement
`Plaintiff
`BROADBAND iTV, INC.
`
`Date Filed: 12/19/2019
`Jury Demand: Plaintiff
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`represented by Aidan Brewster
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd., Site 250
`Burlingame, CA 94010
`650−825−4300
`Email: abrewster@feinday.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Andrew Hamill
`Feinber Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd, Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: ahamill@feinday.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`David A. Makman
`Law Offices of David A. Makman
`483 Seaport Court, Suite 103
`Redwood City, CA 94063
`(650) 242−1560
`Fax: (650) 242−1547
`Email: david@makmanlaw.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Lawrence Gordon McDonough
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli LLP
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`650 825−4300
`Email: lmcdonough@feinday.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Robert Y. Xie
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli LLP
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`
`BBiTV EX2042
`AT&T v. Broadband iTV
`IPR2021-00556
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 2 of 16
`
`650−825−4300
`Fax: 650−460−8443
`Email: rxie@feinday.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Russell S. Tonkovich
`Feinberg Day Kramer Alberti
`LimTonkovich & Belloli
`557 Airport Blvd, Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: rtonkovich@feinday.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Ryan Dooley
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli LLP
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: rdooley@feinday.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Sven Raz
`Law Office of Sven Raz
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: sraz@feinday.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Andrea L. Fair
`Ward, Smith & Hill, PLLC
`PO Box 1231
`Longview, TX 75606
`9037576400
`Fax: 903−757−2323
`Email: andrea@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`Claire Abernathy Henry
`Ward Smith & Hill, PLLC
`1507 Bill Owens Pkwy
`Longview, TX 75604
`903−757−6400
`Fax: 903−757−2323
`Email: claire@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`David Alberti
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 3 of 16
`
`Email: dalberti@feinday.com
`ATTORNEY TO BE NOTICED
`
`Hong Lin
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Beloli
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`650−825−4300
`Fax: 650−460−8443
`Email: hlin@feinday.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Jeremiah A. Armstrong
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd, Suite 250
`Burlingame, CA 94010
`650−825−4300
`Fax: 650−460−8443
`Email: jarmstrong@feinday.com
`ATTORNEY TO BE NOTICED
`
`Marc Belloli
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: mbelloli@feinday.com
`ATTORNEY TO BE NOTICED
`
`Margaret Elizabeth Day
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: eday@feinday.com
`ATTORNEY TO BE NOTICED
`
`Robert F. Kramer
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli LLP
`577 Airport Blvd, Suite 250
`Burlingame, CA 94010
`650−825−4300
`Fax: 650−460−8443
`Email: rkramer@feinday.com
`ATTORNEY TO BE NOTICED
`
`Sal Lim
`Feinberg Day Kramer Alberti Lim
`Tonkovich & Belloli
`577 Airport Blvd., Suite 250
`Burlingame, CA 94010
`(650) 825−4300
`Fax: (650) 460−8443
`Email: slim@feinday.com
`ATTORNEY TO BE NOTICED
`
`Jack Wesley Hill
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 4 of 16
`
`V.
`Defendant
`DISH Network, L.L.C.
`
`Ward Smith & Hill, PLLC
`1507 Bill Owens Pkwy
`Longview, TX 75604
`(903)757−6400
`Fax: (903)757−2323
`Email: wh@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`represented by Alyssa Caridis
`Orrick Herrinton & Sutcliffe Llp
`777 South Figueroa St., Suite 3200
`Los Angeles, CA 90017
`213.612.2372
`Fax: 213.612.2499
`Email: acaridis@orrick.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Clement Seth Roberts
`Orrick Herrington & Sutcliffe Llp
`405 Howard Street
`San Francisco, CA 94105
`(415) 773−5700
`Fax: (415) 773−5701
`Email: croberts@orrick.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`John P. Palmer
`Naman Howell Smith & Lee
`P.O. Box 1470
`Waco, TX 76703−1470
`(254) 755−4100
`Fax: (254) 754−6331
`Email: palmer@namanhowell.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Lillian J Mao
`Orrick, Herrington & Sutcliffe LLP
`1000 Marsh Road
`Menlo Park, CA 94025
`650−614−7400
`Fax: 650−614−7401
`Email: lmao@orrick.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Parth Sagdeo
`Orrick, Herrington & Sutcliffe LLP
`222 Berkeley St., Suite 2000
`Boston, MA 02116
`617−880−1800
`Fax: 617−880−1801
`Email: psagdeo@orrick.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Will H. Melehani
`Orrick, Herrington & Sutcliffe LLP
`405 Howard St.
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 5 of 16
`
`San Francisco, CA 94105
`(415) 773−5700
`Fax: (415) 773−5759
`Email: wmelehani@orrick.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`# Docket Text
`
`12/19/2019
`
`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
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`12/19/2019
`
`1 COMPLAINT against DISH Network, L.L.C. ( Filing fee $ 400 receipt number
`0542−12988675), filed by BROADBAND iTV, INC.. (Attachments: # 1 Civil Cover
`Sheet, # 2 Exhibit A−Patent No. '026, # 3 Exhibit B−Patent No. '269, # 4 Exhibit
`C−Patent No. '791, # 5 Exhibit D−Patent No. ' 388, # 6 Exhibit E−User Guide, # 7
`Exhibit F−VOD, # 8 Exhibit G−VOD Overview)(Hill, Jack) (Main Document 1
`replaced on 12/19/2019 to add file mark to page 1) (bw). (Entered: 12/19/2019)
`
`2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the
`Director of the U.S. Patent and Trademark Office. (Hill, Jack) (Entered: 12/19/2019)
`
`3 RULE 7 DISCLOSURE STATEMENT filed by BROADBAND iTV, INC.. (Hill,
`Jack) (Entered: 12/19/2019)
`
`4 REQUEST FOR ISSUANCE OF SUMMONS by BROADBAND iTV, INC.. (Hill,
`Jack) (Entered: 12/19/2019)
`
`5 NOTICE of Attorney Appearance by Andrea L. Fair on behalf of BROADBAND iTV,
`INC.. Attorney Andrea L. Fair added to party BROADBAND iTV, INC.(pty:pla)
`(Fair, Andrea) (Entered: 12/19/2019)
`
`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. (bw) (Entered: 12/19/2019)
`
`6 MOTION to Appear Pro Hac Vice by Jack Wesley Hill on Behalf of David Alberti (
`Filing fee $ 100 receipt number 0542−12989415) by on behalf of BROADBAND iTV,
`INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered: 12/19/2019)
`
`7 MOTION to Appear Pro Hac Vice by Jack Wesley Hill on Behalf of Jeremiah A.
`Armstrong ( Filing fee $ 100 receipt number 0542−12989439) by on behalf of
`BROADBAND iTV, INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered:
`12/19/2019)
`
`8 MOTION to Appear Pro Hac Vice by Jack Wesley Hill on Behalf of Marc Belloli (
`Filing fee $ 100 receipt number 0542−12989449) by on behalf of BROADBAND iTV,
`INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered: 12/19/2019)
`
`9 MOTION to Appear Pro Hac Vice by Jack Wesley Hill on Behalf of Margaret
`Elizabeth Day ( Filing fee $ 100 receipt number 0542−12989454) by on behalf of
`BROADBAND iTV, INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered:
`12/19/2019)
`
`10 MOTION to Appear Pro Hac Vice by Jack Wesley Hill On Behalf of Hong Lin ( Filing
`fee $ 100 receipt number 0542−12989462) by on behalf of BROADBAND iTV, INC..
`(Attachments: # 1 Proposed Order)(Hill, Jack) (Entered: 12/19/2019)
`
`11 MOTION to Appear Pro Hac Vice by Jack Wesley Hill On Behalf of Robert F.
`Kramer ( Filing fee $ 100 receipt number 0542−12989475) by on behalf of
`BROADBAND iTV, INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered:
`12/19/2019)
`
`12/19/2019
`
`12 MOTION to Appear Pro Hac Vice by Jack Wesley Hill On Behalf of Sal Lim ( Filing
`fee $ 100 receipt number 0542−12989484) by on behalf of BROADBAND iTV, INC..
`(Attachments: # 1 Proposed Order)(Hill, Jack) (Entered: 12/19/2019)
`
`12/19/2019
`
`13 Summons Issued as to DISH Network, L.L.C.. (bw) (Entered: 12/19/2019)
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 6 of 16
`
`12/20/2019
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`12/20/2019
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`12/20/2019
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`12/20/2019
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`12/20/2019
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`Text Order GRANTING 6 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 7 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 8 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 9 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 10 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). Pursuant to our Administrative Policies and Procedures for
`Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 7 of 16
`
`12/20/2019
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`12/20/2019
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`01/07/2020
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`01/08/2020
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`01/09/2020
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`01/10/2020
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`01/10/2020
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`02/24/2020
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`02/24/2020
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`02/25/2020
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`02/26/2020
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`02/26/2020
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`register for electronic filing with our court within 10 days of 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.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 11 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`Text Order GRANTING 12 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). IT IS FURTHER ORDERED that Applicant, if he/she has not already
`done so, shall apply for admission to the bar of this court in compliance with Local
`Rule AT−1(f)(1). 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. entered by
`Judge Alan D Albright. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 12/20/2019)
`
`14 NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of
`BROADBAND iTV, INC.. Attorney Claire Abernathy Henry added to party
`BROADBAND iTV, INC.(pty:pla) (Henry, Claire) (Entered: 01/07/2020)
`
`15 SUMMONS Returned Executed by BROADBAND iTV, INC.. DISH Network, L.L.C.
`served on 12/19/2019, answer due 1/9/2020. (Henry, Claire) (Entered: 01/08/2020)
`
`16 Unopposed MOTION for Extension of Time to File Answer by DISH Network,
`L.L.C.. (Attachments: # 1 Proposed Order)(Palmer, John) (Entered: 01/09/2020)
`
`Text Order GRANTING 16 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. Came on for consideration is Defendant's Motion. Noting that it is
`unopposed, the Court GRANTS the Motion. Defendant shall have up to and including
`February 24, 2020 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.) (jy) (Entered: 01/10/2020)
`
`Reset Answer Deadlines: DISH Network, L.L.C. answer due 2/24/2020. (bw)
`(Entered: 01/13/2020)
`
`17 MOTION to Dismiss by DISH Network, L.L.C.. (Attachments: # 1 Exhibit A, # 2
`Exhibit B, # 3 Exhibit C)(Palmer, John) (Entered: 02/24/2020)
`
`18 NOTICE of Readiness for Initial Case Management Conference by BROADBAND
`iTV, INC. (Armstrong, Jeremiah) (Entered: 02/24/2020)
`
`19 RULE 7 DISCLOSURE STATEMENT filed by DISH Network, L.L.C.. (Palmer,
`John) (Entered: 02/25/2020)
`
`20 MOTION to Appear Pro Hac Vice by John P. Palmer ( Filing fee $ 100 receipt number
`0542−13258213) by on behalf of DISH Network, L.L.C.. (Attachments: # 1 Proposed
`Order)(Palmer, John) (Entered: 02/26/2020)
`
`21 MOTION to Appear Pro Hac Vice by John P. Palmer ( Filing fee $ 100 receipt number
`0542−13258319) by on behalf of DISH Network, L.L.C.. (Attachments: # 1 Proposed
`Order)(Palmer, John) (Entered: 02/26/2020)
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 8 of 16
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`02/26/2020
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`02/26/2020
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`02/27/2020
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`02/27/2020
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`02/27/2020
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`03/23/2020
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`03/24/2020
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`03/26/2020
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`03/27/2020
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`03/30/2020
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`22 Unopposed MOTION for Extension of Time to File Response/Reply To Defendant's
`Motion to Dismiss [Dkt. 17] by BROADBAND iTV, INC.. (Attachments: # 1
`Proposed Order)(Armstrong, Jeremiah) (Entered: 02/26/2020)
`
`23 ORDER GOVERNING PROCEEDINGS PATENT CASE. Case is SET for a
`telephonic Rule 16 Case Management Conference on Thursday, March 26, 2020 at
`3:30 p.m. before Judge Alan D Albright. Signed by Judge Alan D Albright. (bw)
`(Entered: 02/26/2020)
`
`Text Order GRANTING 20 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). 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. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 02/27/2020)
`
`Text Order GRANTING 21 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 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 done so, shall immediately tender the amount of
`$100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule
`AT−I (f)(2). 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. entered by Judge Alan
`D Albright. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (jy) (Entered: 02/27/2020)
`
`Text Order GRANTING 22 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Before the Court is Plaintiff Broadband iTV, Inc.'s
`unopposed motion to extend the time for BBiTV to file its Opposition to Defendant
`DISH Network, L.L.C.'s Motion to Dismiss. The Court GRANTS the motion. It is
`therefore ORDERED that BBiTV's Opposition to DISH's Motion to Dismiss is hereby
`due March 30, 2020. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 02/27/2020)
`
`24 ORDER SETTING MARKMAN HEARING. Markman Hearing set for 10/16/2020
`09:00 AM in Austin before Judge Alan D Albright. Signed by Judge Alan D Albright.
`(bw) (Entered: 03/23/2020)
`
`25 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled
`civil hearings. (tada) (Entered: 03/25/2020)
`
`26 Minute Entry for proceedings held before Judge Alan D Albright: Case called for
`telephonic scheduling conference. Parties have an agreed Markman Hearing date of
`10/16/20 at 9:00 a.m. Parties discussed motions to transfer − some to Austin and some
`to Colorado. There was also discussion regarding the consolidation. The parties also
`discussed their current issues with the Court. The Court discussed his normal
`Markman Hearing procedures. (Minute entry documents are not available
`electronically.). (Court Reporter Kristie Davis.)(am) (Entered: 03/26/2020)
`
`27 ORDER SETTING MARKMAN HEARING, Markman Hearing set for 10/16/2020
`09:00 AM in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 West
`Fifth Street, Austin, TX, before Judge Alan D Albright. Signed by Judge Alan D
`Albright. (am) (Entered: 03/27/2020)
`
`28 Response in Opposition to Motion, filed by BROADBAND iTV, INC., re 17
`MOTION to Dismiss filed by Defendant DISH Network, L.L.C. (Attachments: # 1
`Affidavit Hong Lin, # 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)(Kramer, Robert) (Entered: 03/30/2020)
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 9 of 16
`
`03/31/2020
`
`04/02/2020
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`04/04/2020
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`04/06/2020
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`04/09/2020
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`04/10/2020
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`05/07/2020
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`05/07/2020
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`05/07/2020
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`05/08/2020
`
`29 Transcript filed of Proceedings held on 3−26−2020, Proceedings Transcribed:
`Telephonic Scheduling 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 4/21/2020, Redacted Transcript Deadline
`set for 5/1/2020, Release of Transcript Restriction set for 6/29/2020, (kd) (Entered:
`03/31/2020)
`
`30 MOTION to Extend Scheduling Order Deadlines by DISH Network, L.L.C..
`(Attachments: # 1 Proposed Order)(Palmer, John) (Entered: 04/02/2020)
`
`31 ORDER GRANTING AGREED MOTION TO MODIFY SCHEDULING ORDER,
`Markman Hearing set for 11/13/2020 09:00 AM before Judge Alan D Albright.
`Motions terminated: 30 MOTION to Extend Scheduling Order Deadlines filed by
`DISH Network, L.L.C.. Signed by Judge Alan D Albright. (am) (Entered: 04/06/2020)
`
`32 RESPONSE in Support, filed by DISH Network, L.L.C., re 17 MOTION to Dismiss
`filed by Defendant DISH Network, L.L.C. (Palmer, John) (Entered: 04/06/2020)
`
`33 Agreed MOTION for Scheduling Order by BROADBAND iTV, INC.. (Attachments:
`# 1 Proposed Scheduling Order)(Armstrong, Jeremiah) (Entered: 04/09/2020)
`
`34 SCHEDULING ORDER: Markman Hearing set for 11/13/2020 09:00 AM before
`Judge Alan D Albright. Joinder of Parties due by 12/28/2020. Amended Pleadings due
`by 2/4/2021. Dispositive Motions due by 8/19/2021. Signed by Judge Alan D Albright.
`(bw) (Entered: 04/13/2020)
`
`35 MOTION to Transfer Case by DISH Network, L.L.C.. (Attachments: # 1 Exhibit 1, #
`2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
`Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13
`Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
`Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order)(Palmer, John) (Entered:
`05/07/2020)
`
`36 Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document Exhibit
`A Declaration, # 2 Proposed Order) (Palmer, John) (Entered: 05/07/2020)
`
`37 CORRECTED MOTION to Transfer Case by DISH Network, L.L.C.. (Attachments: #
`1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
`Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit
`12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17,
`# 18 Exhibit 18, # 19 Exhibit 19, # 20 Proposed Order)(Palmer, John) (Entered:
`05/07/2020)
`
`Text Order GRANTING 36 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. Before the Court is DISH's Unopposed Motion for Leave to
`File Under Seal a Declaration in Support of Motion to Transfer to the District of
`Colorado. The Court GRANTS the motion. The Clerk's Office is directed to file the
`declaration attached to this motion under seal. (This is a text−only entry generated by
`the court. There is no document associated with this entry.) (jy) (Entered: 05/08/2020)
`
`05/08/2020
`
`38 Sealed Document filed. (mc5) (Entered: 05/08/2020)
`
`05/21/2020
`
`05/21/2020
`
`39 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed
`Document Ex A − Opposition to Motion to Transfer, # 2 Proposed Order) (Kramer,
`Robert) (Entered: 05/21/2020)
`
`40 AFFIDAVIT in Support of 39 Unopposed Motion for leave to File Sealed Document
`(Declaration of Jeremiah A. Armstrong in Support of Plaintiff's Opposition to Dish
`Network, L.L.C.'s Motion to Transfer) by BROADBAND iTV, INC.. (Attachments: #
`1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
`Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit
`12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17,
`# 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, #
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 10 of 16
`
`05/22/2020
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`05/23/2020
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`05/26/2020
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`05/28/2020
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`05/28/2020
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`05/29/2020
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`06/24/2020
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`06/25/2020
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`07/02/2020
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`07/04/2020
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`07/25/2020
`
`23 Exhibit 23, # 24 Exhibit 24)(Kramer, Robert) (Entered: 05/21/2020)
`
`41 NOTICE of Corrected Exhibit 15 to Armstrong Declaration in Support of Plaintiff's
`Opposition to Motion to Transfer by BROADBAND iTV, INC. re 40 Affidavit in
`Support,, (Attachments: # 1 Exhibit Corrected Exhibit 15)(Armstrong, Jeremiah)
`(Entered: 05/22/2020)
`
`Text Order GRANTING 39 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. Before the Court is Plaintiff Broadband iTV, Inc.'s Unopposed
`Motion to for Leave to File Under Seal BBiTV's Opposition to Defendant DISH
`Network, L.L.C's Motion to Transfer. The Court GRANTS the motion. The Clerk's
`Office is directed to file Plaintiff's opposition under seal. (This is a text−only entry
`generated by the court. There is no document associated with this entry.) (jy) (Entered:
`05/23/2020)
`
`42 PLAINTIFFS OPPOSITION TO DEFENDANT DISH NETWORK, L.L.C.S
`MOTION TO TRANSFER VENUE TO THE DISTRICT OF COLORADO. (am)
`(Entered: 05/26/2020)
`
`43 REPLY to Response to Motion, filed by DISH Network, L.L.C., re 39 Unopposed
`Motion for leave to File Sealed Document filed by Plaintiff BROADBAND iTV, INC.
`DISH'S REPLY ISO MOTION TO TRANSFER (Palmer, John) (Additional
`attachment(s) added on 6/1/2020: # 1 Declaration in Support) (lad). (Entered:
`05/28/2020)
`
`44 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed
`Document Declaration, # 2 Proposed Order) (Palmer, John) (Entered: 05/28/2020)
`
`Text Order GRANTING 44 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. Before the Court is DISH's Unopposed Motion for Leave to
`File Under Seal a Declaration in Support of its Reply Motion to Transfer to the District
`of Colorado. The Court GRANTS the motion. The Clerk's Office is directed to file
`Exhibit A attached hereto under seal. (This is a text−only entry generated by the court.
`There is no document associated with this entry.) (jy) (Entered: 05/29/2020)
`
`45 ORDER SETTING TELEPHONIC DISCOVERY HEARING, Telephone Conference
`set for 6/25/2020 10:00 AM before Judge Alan D Albright. Signed by Judge Alan D
`Albright. (am) (Entered: 06/24/2020)
`
`46 Minute Entry for proceedings held before Judge Alan D Albright: Telephone
`Conference held on 6/25/2020. Case called for telephonic discovery hearing. The issue
`from the plaintiff is the scope of the prosecution bar. The Court is basically okay with
`what the plaintiff is proposing however he would like the parties to get together and
`see if they can reach any small changes that are agreed. If so they can submit the new
`proposal − if not each can submit to the law clerk and have another hearing for the
`Court to decide. (Minute entry documents are not available electronically.). (Court
`Reporter Kristie Davis.)(am) (Entered: 06/25/2020)
`
`47 Joint MOTION for Protective Order by BROADBAND iTV, INC.. (Attachments: # 1
`Exhibit A − Confidentiality and Protective Order)(Armstrong, Jeremiah) (Entered:
`07/02/2020)
`
`48 PROTECTIVE ORDER. Signed by Judge Alan D Albright. (lad) (Entered:
`07/06/2020)
`
`Text Order DENYING 17 Motion to Dismiss entered by Judge Alan D Albright. In
`light of the Court's order in Slyce Acquisition Inc. v. Syte Visual Conception Ltd., No.
`6:19−cv−257−ADA, 2020 WL 278481 (W.D. Tex. Jan. 10, 2020), the Court does not
`believe this is one of the rare cases where it is appropriate to resolve the Section 101
`eligibility of the patents−in−suit as a Rule 12(b) motion to dismiss. It is therefore
`ORDERED that Defendants' motion is denied WITHOUT PREJUDICE.
`Defendants may refile their motion after the opening of fact discovery. Should
`Defendants elect to refile their motion at that time, the Court orders Defendants to
`brief the patent ineligibility of each asserted claim, i.e., not just representative claims.
`The Court will grant any reasonable request to extend the page limits for such a
`motion.
`
`

`

`Case: 6:19-cv-00716-ADA As of: 06/14/2021 03:02 PM CDT 11 of 16
`
`To be clear, the Court takes no position on whether claim construction is necessary for
`any of the asserted claims. See MyMail, Ltd. v. ooVoo, LLC, 934 F.3d 1373, 1379
`(Fed. Cir. 2019). Furthermore, the Court takes no position on whether there are any
`factual disputes that preclude dismissal at the pleadings stage. See Aatrix Software,
`Inc. v. Green Shades Software, Inc., 882 F.3 d 1121, 1128−30 (Fed. Cir. 2018). (This
`is a text−only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 07/25/2020)
`
`49 MOTION to Appear Pro Hac Vice by Jack Wesley Hill on Behalf of Robert Y. Xie (
`Filing fee $ 100 receipt number 0542−13806277) by on behalf of BROADBAND iTV,
`INC.. (Attachments: # 1 Proposed Order)(Hill, Jack) (Entered: 07/29/2020)
`
`50 ATTACHMENT (Page 3) to 49 MOTION to Appear Pro Hac Vice by Jack Wesley
`Hill on Behalf of Robert Y. Xie ( Filing fee $ 100 receipt number 0542−13806277) by
`BROADBAND iTV, INC.. (Hill, Jack) (Entered: 07/29/2020)
`
`Text Order GRANTING 49 Motion to Appear Pro Hac Vice for Attorney Robert Y.
`Xie for BROADBAND iTV, 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
`done so, shall immediately tender the amount