`
`
`
`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 1 of 53
`
`U.S. District Court [LIVE]
`
`
`Western District of Texas (Waco)
`CIVIL DOCKET FOR CASE#: 6:18-cv-00308-ADA
`
`MV3 Partners LLC v. Roku, Inc.
`
`
`Assigned to: Judge Alan D Albright
`
`
`
`Cause: 35:271 Patent Infringement
`
`Date Filed: 10/16/2018
`
`
`Jury Demand: Plaintiff
`
`Nature of Suit: 830 Patent
`
`
`Jurisdiction: Federal Question
`
`Plaintiff
`
`
`
`MV3 Partners LLC
`
`Mann, Tindel & Thompson, Attorneys at
`
`
`
`represented by Andy W. Tindel
`
`
`
`Law
`112 East Line Street
`Suite 304
`
`Tyler, TX 75702
`(903) 596-0900
`Fax: (903)596-0909
`Email:
`atindel@andytindel.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Craig D. Cherry
`
`Haley & Olson, P.C.
`
`100 N Ritchie Road
`Suite 200
`Waco, TX 76712
`(254) 776-3336
`Fax: (254) 776-6823
`ccheny@haleyolson,com
`Email:
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Daniel C. Miller
`
`Hall Booth Smith, P.C.
`
`366 Madision Ave
`5th Floor
`New York, NY 10017
`917.805.2460
`Email:
`dmil)er@ha])hoothsmith,com
`TERMINATED: 05/07/2020
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Darcy L. Jones
`Kasowitz Benson Torres, LLP
`
`
`
`
`333 Twin Dolphin Drive, Suite 200
`
`
`Redwood Shores, CA 94065
`650-453-5418
`Fax: 650.453.5171
`Email:
`djones@kasowitz,
`com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Gurtej Singh
`
`Hogan Lovells US LLP
`
`4085 Campbell A venue
`Suite 100
`Menlo Park, CA 94025
`6504634000
`Fax:6504634199
`@ho2anlove1ls.com
`
`Email: tej.sin2h
`TERMINATED: 08/14/2019
`
`APPLE 1080
`
`1
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 2 of 53
`
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Heather S. Kim
`Kasowitz Benson Torres, LLP
`333 Twin Dolphin Drive
`Suite 200
`Redwood Shores, CA 94065
`650.453.5170
`Fax: 650.453.5171
`Email: hkim@kasowitz.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Jack Shaw
`Kawowitz Benson Torres, LLP
`333 Twin Dolphin Drive
`Suite 200
`Redwood Shores, CA 94065
`650.453.5170
`Fax: 650.453.5171
`Email: jshaw@kasowitz.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`John W. Downing
`Kasowitz Benson Torres, LLP
`333 Twin Dolphin Drive, Suite 200
`Redwood Shores, CA 94065
`650−453−5426
`Fax: 650.453.5171
`Email: jdowning@kasowitz.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Jonathan K. Waldrop
`Kasowitz Benson Torres, LLP
`333 Twin Dolphine Drive, Suite 200
`Redwood Shores, CA 94065
`650−453−5425
`Fax: 650.453.5171
`Email: jwaldrop@kasowitz.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Marcus A. Barber
`Kasowitz Benson Torres, LLP
`333 Twin Dolphin Drive, Suite 200
`Redwood Shores, CA 94065
`650−453−5413
`Fax: 650.453.5171
`Email: mbarber@kasowitz.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Rodney R. Miller
`Hall Booth Smith P.C.
`1349 West Peachtree Street N.W.
`Atlanta, GA 30303
`404−586−6601
`Email: rmiller@hallboothsmith.com
`TERMINATED: 05/07/2020
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`2
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 3 of 53
`
`ThucMinh Nguyen
`Kasowitz Benson Torres LLP
`333 Twin Dolphin Drive, Suite 200
`Redwood Shores, CA 94065
`650−453−5170
`Fax: 650−564−5171
`Email: tnguyen@kasowitz.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`G. Blake Thompson
`Mann, Tindel, Thompson
`300 West Main
`Henderson, TX 75652
`(903) 657−8540
`Fax: (903) 657−6003
`Email: blake@themannfirm.com
`ATTORNEY TO BE NOTICED
`
`Paul G. Williams
`Kasowitz Benson Torres LLP
`1230 Peachtree Street, NE, Suite 2445
`Atlanta, GA 30309
`404−260−6102
`Fax: 404−393−9752
`Email: pwilliams@kasowitz.com
`ATTORNEY TO BE NOTICED
`
`J. Mark Mann
`Mann Tindel Thompson
`300 W. Main St.
`Henderson, TX 75652
`(903) 657−8540
`Fax: 903/657−6003
`Email: mark@themannfirm.com
`ATTORNEY TO BE NOTICED
`
`represented by Alexander J. Hadjis
`Oblon, McClelland, Maier & Neustadt,
`LLP
`1940 Duke Street
`11th Floor
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: ahadjis@oblon.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Christopher Ricciuti
`Oblon, McClelland, Maier & Neustadt,
`LLP
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: cricciuti@oblon.com
`LEAD ATTORNEY
`PRO HAC VICE
`
`V.
`Defendant
`Roku, Inc.
`
`3
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 4 of 53
`
`ATTORNEY TO BE NOTICED
`
`Dan L. Bagatell
`Perkins Coie LLP
`3 Weatherby Road
`Hanover, NH 03755
`(602) 351−8250
`Fax: (602) 648−7150
`Email: DBagatell@perkinscoie.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Frank J. West
`Oblon, McClelland, Maier & Neustadt,
`LLP
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: fwest@oblon.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Lisa M. Mandrusiak
`Oblon, McClelland, Maier & Neustadt,
`LLP
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: lmandrusiak@oblon.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Michael D. West
`Oblon, McClelland, Maier & Neustadt,
`LLP
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: mwest@oblon.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Richard D. Milvenan
`McGinnis Lochridge and Kilgore, L.L.P.
`600 Congress Avenue
`Suite 2100
`Austin, TX 78701
`(512) 495−6005
`Fax: 512/505−6305
`Email: rmilvenan@mcginnislaw.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Darryl Adams
`Slayden Grubert Beard PLLC
`401 Congress Ave., Ste. 1650
`Austin
`Austin, TX 78701
`5124023562
`Fax: 5124026865
`Email: dadams@sgbfirm.com
`
`4
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 5 of 53
`
`ATTORNEY TO BE NOTICED
`
`David N. Deaconson
`Pakis, Giotes, Page & Burleson
`P.O. Box 58
`Waco, TX 76703−0058
`(254) 297−7300
`Fax: 254/297−7301
`Email: deaconson@pakislaw.com
`ATTORNEY TO BE NOTICED
`
`Martin E. Gilmore
`Perkins Coie LLP
`500 W 2nd St., Suite 1900
`Austin, TX 78701
`(737) 256−6118
`Fax: (737) 256−6300
`Email: mgilmore@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Matthew Cook Bernstein
`Perkins Coie LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130
`858−720−5721
`Fax: 858−720−5799
`Email: mbernstein@perkinscoie.com
`ATTORNEY TO BE NOTICED
`
`Tia D. Fenton
`Oblon, McClelland, Maier & Neustadt,
`L.L.P.
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: tfenton@oblon.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`W. Todd Baker
`Oblon, McClelland, Maier & Newstadt,
`LLP
`1940 Duke Street
`Alexandria, VA 22314
`703−413−3000
`Fax: 703−413−2220
`Email: tbaker@oblon.com
`ATTORNEY TO BE NOTICED
`
`Counter Plaintiff
`Roku, Inc.
`
`represented by Alexander J. Hadjis
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Christopher Ricciuti
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Dan L. Bagatell
`(See above for address)
`
`5
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 6 of 53
`
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Frank J. West
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Lisa M. Mandrusiak
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Michael D. West
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Richard D. Milvenan
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Darryl Adams
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`David N. Deaconson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Martin E. Gilmore
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Matthew Cook Bernstein
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Tia D. Fenton
`(See above for address)
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`W. Todd Baker
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`V.
`Counter Defendant
`MV3 Partners LLC
`
`represented by Andy W. Tindel
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Craig D. Cherry
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Daniel C. Miller
`(See above for address)
`
`6
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 7 of 53
`
`TERMINATED: 05/07/2020
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Darcy L. Jones
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Gurtej Singh
`(See above for address)
`TERMINATED: 08/14/2019
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Heather S. Kim
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Jack Shaw
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`John W. Downing
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Jonathan K. Waldrop
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Marcus A. Barber
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Rodney R. Miller
`(See above for address)
`TERMINATED: 05/07/2020
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`ThucMinh Nguyen
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`G. Blake Thompson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Paul G. Williams
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`J. Mark Mann
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`7
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 8 of 53
`
`Date Filed
`
`# Docket Text
`
`10/16/2018
`
`10/16/2018
`
`10/16/2018
`
`1 COMPLAINT for Patent Infringement ( Filing fee $ 400 receipt number
`0542−11348062), filed by MV3 Partners LLC. (Attachments: # 1 Exhibit A, # 2 Civil
`Cover Sheet)(Mann, J.) (Entered: 10/16/2018)
`
`2 REQUEST FOR ISSUANCE OF SUMMONS by MV3 Partners LLC. (Mann, J.)
`(Entered: 10/16/2018)
`
`Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE
`INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE
`INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN
`THIS CASE. (mc5) (Entered: 10/16/2018)
`
`10/17/2018
`
`3 NOTICE of Attorney Appearance by G. Blake Thompson on behalf of MV3 Partners
`LLC. Attorney G. Blake Thompson added to party MV3 Partners LLC(pty:pla)
`(Thompson, G.) (Entered: 10/17/2018)
`
`10/17/2018
`
`4 Summons Issued as to Roku, Inc.. (lad) (Entered: 10/17/2018)
`
`10/17/2018
`
`10/17/2018
`
`CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (lad) (Entered:
`10/17/2018)
`
`5 AMENDED COMPLAINT For Patent Infringement against Roku, Inc. amending,
`filed by MV3 Partners LLC. (Attachments: # 1 Exhibit A)(Mann, J.) (Entered:
`10/17/2018)
`
`10/17/2018
`
`6 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (lad) (Entered:
`10/17/2018)
`
`10/17/2018
`
`7 Report on Copyright sent to Register of Copyrights. (lad) (Entered: 10/17/2018)
`
`10/18/2018
`
`10/22/2018
`
`11/05/2018
`
`11/08/2018
`
`11/12/2018
`
`11/12/2018
`
`11/19/2018
`
`11/19/2018
`
`11/19/2018
`
`11/19/2018
`
`8 NOTICE of Attorney Appearance by Andy W. Tindel on behalf of MV3 Partners
`LLC. Attorney Andy W. Tindel added to party MV3 Partners LLC(pty:pla) (Tindel,
`Andy) (Entered: 10/18/2018)
`
`9 RULE 7 DISCLOSURE STATEMENT filed by MV3 Partners LLC. (Mann, J.)
`(Entered: 10/22/2018)
`
`10 SUMMONS Returned Executed by MV3 Partners LLC. Roku, Inc. served on
`10/22/2018, answer due 11/12/2018. (Mann, J.) (Entered: 11/05/2018)
`
`11 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Roku,
`Inc.. (Attachments: # 1 Proposed Order). Motions referred to Judge Jeffrey C. Manske.
`(Milvenan, Richard) (Entered: 11/08/2018)
`
`Text Order GRANTING 11 Motion for Extension of Time to Answer entered by Judge
`Alan D Albright. The Court has considered the Motion and has found it meritorious.
`Therefore, Defendant Roku, Inc. will have until December 12, 2018 to file its answer
`or otherwise respond to Plaintiff MV3 Partners LLCs Complaint for patent
`infringement. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 11/12/2018)
`
`Reset Deadlines: Roku, Inc. Answer due 12/12/2018. (lad) (Entered: 11/13/2018)
`
`12 MOTION to Appear Pro Hac Vice for Jonathan K. Waldrop. (Filing fee $ 100 receipt
`number 600023933) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`13 MOTION to Appear Pro Hac Vice for Darcy L. Jones. (Filing fee $ 100 receipt
`number 600023934) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`14 MOTION to Appear Pro Hac Vice for Daniel C. Miller. (Filing fee $ 100 receipt
`number 600023935) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`15 MOTION to Appear Pro Hac Vice for Marcus A Barber (Filing fee $ 100 receipt
`number 600023936) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`8
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 9 of 53
`
`11/19/2018
`
`11/19/2018
`
`11/19/2018
`
`11/19/2018
`
`11/19/2018
`
`11/27/2018
`
`11/27/2018
`
`12/12/2018
`
`12/12/2018
`
`12/12/2018
`
`12/12/2018
`
`12/12/2018
`
`12/14/2018
`
`12/19/2018
`
`12/19/2018
`
`12/20/2018
`
`16 MOTION to Appear Pro Hac Vice for John W. Downing. (Filing fee $ 100 receipt
`number 600023937) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`17 MOTION to Appear Pro Hac Vice for Rodney R. Miller. (Filing fee $ 100 receipt
`number 600023938) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`18 MOTION to Appear Pro Hac Vice for Heather S. Kim. (Filing fee $ 100 receipt
`number 600023939) by MV3 Partners LLC. Motions referred to Judge Jeffrey C.
`Manske. (mc5) (Entered: 11/21/2018)
`
`19 MOTION to Appear Pro Hac Vice for Jack Shaw. (Filing fee $ 100 receipt number
`600023940) by MV3 Partners LLC. Motions referred to Judge Jeffrey C. Manske.
`(mc5) (Entered: 11/21/2018)
`
`20 MOTION to Appear Pro Hac Vice for Gurtej Singh. (Filing fee $ 100 receipt number
`600023941) by MV3 Partners LLC. Motions referred to Judge Jeffrey C. Manske.
`(mc5) (Entered: 11/21/2018)
`
`21 ORDER. CASE NO LONGER REFERRED to Magistrate Judge Jeffrey C. Manske.
`Signed by Judge Alan D Albright. (mc5) (Entered: 11/27/2018)
`
`22 ORDER GRANTING Jonathan K. Waldrop, Darcy L. Jones, Daniel C. Miller, Marcus
`A. Barber, John W. Downing, Rodney R. Miller, Heather S. Kim, Jack Shaw, and
`Gurtej Singh's 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 and 20 Motions to Appear Pro Hac
`Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the
`attorney hereby granted to practice pro hac vice in this case must register for electronic
`filing with our court within 10 days of this order. Signed by Judge Alan D Albright.
`(klw) (Entered: 11/28/2018)
`
`23 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (A. Hadjis) ( Filing fee $
`100 receipt number 0542−11546911) by on behalf of Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
`
`24 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (L. Mandrusiak) ( Filing
`fee $ 100 receipt number 0542−11546987) by on behalf of Roku, Inc.. (Milvenan,
`Richard) (Entered: 12/12/2018)
`
`25 MOTION to Appear Pro Hac Vice by Richard D. Milvenan (M. West) ( Filing fee $
`100 receipt number 0542−11547028) by on behalf of Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
`
`26 Motion to Dismiss for Failure to State a Claim by Roku, Inc.. (Milvenan, Richard)
`(Entered: 12/12/2018)
`
`27 ATTACHMENT Proposed Order to 26 Motion to Dismiss for Failure to State a Claim
`by Roku, Inc.. (Milvenan, Richard) (Entered: 12/12/2018)
`
`28 ORDER GRANTING 23 24 and 25 Motions to Appear Pro Hac Vice for Attorney
`Alexander J. Hadjis, Lisa M. Mandrusiak, Michael D. West for Roku, Inc. Pursuant to
`our Administrative Policies and Procedures for Electronic Filing, the attorneys hereby
`granted to practice pro hac vice in this case must register for electronic filing with our
`court within 10 days of this order. Signed by Judge Alan D Albright. (lad) (Entered:
`12/14/2018)
`
`29 Response in Opposition to Motion, filed by MV3 Partners LLC, re 26 Motion to
`Dismiss for Failure to State a Claim filed by Defendant Roku, Inc. (Attachments: # 1
`Declaration of Rodney R. Miller In Support of Plaintiff's Opposition to Defendant's
`Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6
`Exhibit 5, # 7 Proposed Order)(Mann, J.) (Entered: 12/19/2018)
`
`30 NOTICE of Readiness for Scheduling And/Or Management Conference by MV3
`Partners LLC (Mann, J.) (Entered: 12/19/2018)
`
`31 NOTICE of Readiness for Scheduling And/Or Management Conference (Corrected) by
`MV3 Partners LLC (Mann, J.) (Entered: 12/20/2018)
`
`9
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 10 of 53
`
`12/21/2018
`
`12/21/2018
`
`01/08/2019
`
`01/08/2019
`
`01/11/2019
`
`01/16/2019
`
`01/16/2019
`
`32 ORDER SETTING TELEPHONIC INITIAL STATUS CONFERENCE. Telephone
`Conference set for 1/18/2019 10:30 AM before Judge Alan D Albright. Signed by
`Judge Alan D Albright. (lad) (Entered: 12/21/2018)
`
`33 REPLY to Response to Motion, filed by Roku, Inc., re 26 Motion to Dismiss for
`Failure to State a Claim filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit Disc
`Disease Memorandum)(Milvenan, Richard) (Entered: 12/21/2018)
`
`34 ORDER CANCELLING TELEPHONIC INITIAL STATUS CONFERENCE. Signed
`by Judge Alan D Albright. (mc5) (Entered: 01/08/2019)
`
`35 ORDER DENYING 26 Motion to Dismiss for Failure to State a Claim. Signed by
`Judge Alan D Albright. (mc5) (Entered: 01/08/2019)
`
`36 ORDER, ( Telephone Status/Scheduling Conference set for 2/1/2019 10:00 AM before
`Judge Alan D Albright). Signed by Judge Alan D Albright. (aej) (Entered: 01/11/2019)
`
`37 ORDER SETTING STATUS/SCHEDULING CONFERENCE. Conference set for
`2/13/2019 02:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright.
`(lad) (Entered: 01/16/2019)
`
`38 ORDER that TELEPHONIC STATUS/SCHEDULING CONFERENCE on Friday,
`February 01,2019 at 10:00 AM is hereby CANCELLED, as there will be an in person
`hearing onFebruary 13, 2019 at 2:00 PM. Signed by Judge Alan D Albright. (klw)
`(Entered: 01/17/2019)
`
`01/22/2019
`
`39 ANSWER to 5 Amended Complaint , COUNTERCLAIM against All Plaintiffs by
`Roku, Inc..(Mandrusiak, Lisa) (Entered: 01/22/2019)
`
`02/04/2019
`
`40 NOTICE of Disclosure by MV3 Partners LLC (Mann, J.) (Entered: 02/04/2019)
`
`02/05/2019
`
`02/12/2019
`
`02/12/2019
`
`02/13/2019
`
`02/13/2019
`
`41 RULE 7 DISCLOSURE STATEMENT filed by Roku, Inc.. (Mandrusiak, Lisa)
`(Entered: 02/05/2019)
`
`42 Joint MOTION To Enter Scheduling Order and Order Governing Proceedings by
`MV3 Partners LLC. (Attachments: # 1 Exhibit A− Agreed Proposed Scheduling
`Order, # 2 Exhibit B− Agreed Order Governing Proceedings)(Mann, J.) (Entered:
`02/12/2019)
`
`43 MOTION to Dismiss Defendant's Inequitable Conduct Counterclaims and To Strike
`Affirmative Defense of Inequitable Conduct by MV3 Partners LLC. (Attachments: # 1
`Proposed Order)(Mann, J.) (Entered: 02/12/2019)
`
`44 Joint MOTION for Protective Order by MV3 Partners LLC. (Attachments: # 1 Agreed
`Proposed Protective Order)(Mann, J.) (Entered: 02/13/2019)
`
`45 Minute Entry for proceedings held before Judge Alan D Albright: Status/Scheduling
`Conference held on 2/13/2019. Parties posed some procedural questions which were
`answered by the Judge. There will be a tutorial of 1/2 hour each side prior to the
`Markman hearing. Parties put 7/24 on scheduling order but the Court suggested that
`the hearing be held in Austin on that Friday 7/26. Defendant's counsel was fine with
`that. Plaintiff's counsel would verify with co−counsel if that would be okay. The Court
`discussed no discovery motions being filed. If there is a discovery dispute parties
`should contact the Court for a resolution. (Minute entry documents are not available
`electronically.) (Court Reporter Kristie Davis.)(tb) (Entered: 02/13/2019)
`
`02/14/2019
`
`46 PROTECTIVE ORDER. Signed by Judge Alan D Albright. (tb) (Entered: 02/14/2019)
`
`02/25/2019
`
`47 Transcript filed of Proceedings held on 2−13−19, Proceedings Transcribed: Status
`Conference. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 3/18/2019, Redacted Transcript Deadline set for 3/28/2019,
`Release of Transcript Restriction set for 5/27/2019, (Davis, Kristie) (Entered:
`02/25/2019)
`
`10
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 11 of 53
`
`02/26/2019
`
`02/26/2019
`
`02/27/2019
`
`02/27/2019
`
`02/27/2019
`
`03/04/2019
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`03/04/2019
`
`03/05/2019
`
`03/05/2019
`
`03/13/2019
`
`03/18/2019
`
`03/19/2019
`
`48 ORDER SETTING MARKMAN HEARING. Hearing set for 7/19/2019 09:30 AM
`before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered:
`02/26/2019)
`
`49 Memorandum in Opposition to Motion, filed by Roku, Inc., re 43 MOTION to Dismiss
`Defendant's Inequitable Conduct Counterclaims and To Strike Affirmative Defense of
`Inequitable Conduct filed by Plaintiff MV3 Partners LLC (Attachments: # 1 Exhibit
`Specification)(Mandrusiak, Lisa) (Entered: 02/26/2019)
`
`50 AGREED ORDER GOVERNING PROCEEDINGS. Signed by Judge Alan D
`Albright. (lad) (Entered: 02/27/2019)
`
`51 SCHEDULING ORDER: Joinder of Parties due by 9/4/2019, Amended Pleadings due
`by 10/16/2019, Dispositive/Daubert Motions due by 3/18/2020, Pretrial Disclosures
`DDL 4/1/2020, Final Pretrial Conference 5/20/2020, Jury Selection/Trial in early June
`2020. Signed by Judge Alan D Albright. (lad) (Entered: 02/27/2019)
`
`52 Opposed MOTION to Transfer Case by Roku, Inc.. (Attachments: # 1 Exhibit
`Declaration of Scott de Haas, # 2 Exhibit MV3 corporate document)(Mandrusiak,
`Lisa) (Entered: 02/27/2019)
`
`Text Order MOOTING 42 Motion entered by Judge Alan D Albright. It has come to
`the Court's attention that the basis for this Motion is no longer present. Therefore, the
`instant Motion is MOOT. (This is a text−only entry generated by the court. There is no
`document associated with this entry.) (sb) (Entered: 03/04/2019)
`
`53 Unopposed MOTION for Extension of Time to File Response/Reply as to 52 Opposed
`MOTION to Transfer Case by MV3 Partners LLC. (Attachments: # 1 Proposed
`Order)(Tindel, Andy) (Entered: 03/04/2019)
`
`Text Order GRANTING 53 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Noting the lack of opposition, the Court GRANTS
`Plaintiff's Unopposed Motion to File a Response. Plaintiff's new deadline to respond to
`Defendant's Motion to Transfer Venue shall be March 13, 2019. (This is a text−only
`entry generated by the court. There is no document associated with this entry.) (sb)
`(Entered: 03/05/2019)
`
`54 REPLY to Response to Motion, filed by MV3 Partners LLC, re 43 MOTION to
`Dismiss Defendant's Inequitable Conduct Counterclaims and To Strike Affirmative
`Defense of Inequitable Conduct filed by Plaintiff MV3 Partners LLC (Mann, J.)
`(Entered: 03/05/2019)
`
`55 Response in Opposition to Motion, filed by MV3 Partners LLC, re 52 Opposed
`MOTION to Transfer Case filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit A
`− Declaration of Rodney Miller, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit
`4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11
`Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16
`Exhibit 15, # 17 Exhibit B − Declaration of Wayne Barr, Jr., # 18 Proposed
`Order)(Mann, J.) (Entered: 03/13/2019)
`
`56 Unopposed MOTION for Extension of Time to File Response/Reply as to 55
`Response in Opposition to Motion,, to Transfer Venue by Roku, Inc.. (Attachments: #
`1 Proposed Order)(Milvenan, Richard) (Entered: 03/18/2019)
`
`Text Order GRANTING 56 Motion for Extension of Time to File Response/Reply
`entered by Judge Alan D Albright. Came on for consideration the aforementioned
`Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendant shall
`have until March 25, 2019, to file its reply. (This is a text−only entry generated by the
`court. There is no document associated with this entry.) (sb) (Entered: 03/19/2019)
`
`03/25/2019
`
`57 REPLY to Response to Motion, filed by Roku, Inc., re 52 Opposed MOTION to
`Transfer Case filed by Defendant Roku, Inc. (Attachments: # 1 Exhibit de Haas
`Declaration, # 2 Exhibit Hodgins Declaration, # 3 Exhibit Harmon
`Declaration)(Mandrusiak, Lisa) (Entered: 03/25/2019)
`
`03/26/2019
`
`58 ORDER re 52 Opposed MOTION to Transfer Case filed by Roku, Inc. ORDERED
`that Plaintiff MV3 Partners, LLC, has through April 8, 2019, to take the deposition of
`a corporate representative of Defendant to establish which employees will be relevant
`
`11
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 12 of 53
`
`04/17/2019
`
`04/17/2019
`
`04/23/2019
`
`04/25/2019
`
`to this patent litigation and their geographic location. Plaintiff will then have until
`April 17, 2019, to file a surreply with respect to the Motion to Transfer. Signed by
`Judge Alan D Albright. (tb) (Entered: 03/26/2019)
`
`59 Motion for leave to File Sealed Document (Attachments: # 1 Plaintiff's Surreply in
`Opposition to Defendant's Motion to Transfer Venue to the Northern District of
`California, # 2 Declaration of Rodney R. Miller, # 3 Exhibit A, # 4 Exhibit B, # 5
`Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, #
`11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16
`Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q) (Mann, J.) (Entered:
`04/17/2019)
`
`60 Opposed MOTION for Leave to File Sur−Surreply in Support of Its Motion to
`Transfer Venue by Roku, Inc.. (Attachments: # 1 Sealed Document Exhibit A−Roku
`Confidential Sur−surreply, # 2 Sealed Document Exhibit B−Confidential de Haas
`Transcript)(Mandrusiak, Lisa) (Entered: 04/17/2019)
`
`61 Response in Opposition to Motion, filed by MV3 Partners LLC, re 60 Opposed
`MOTION for Leave to File Sur−Surreply in Support of Its Motion to Transfer Venue
`filed by Counter Plaintiff Roku, Inc. (Attachments: # 1 Proposed Order)(Mann, J.)
`(Entered: 04/23/2019)
`
`Text Order GRANTING 60 Motion for Leave to File entered by Judge Alan D
`Albright. Came on for consideration Roku's Opposed Motion for Leave to File a
`Sur−Surreply in Support of Its Motion to Transfer Venue. The Court also considered
`Plaintiff's Opposition to Roku's Motion. The Court finds that there is good cause to
`grant Roku's Motion. IT IS THEREFORE ORDERED that Defendant's Motion is
`GRANTED. The Clerk's Office is directed to file Exhibit A and Exhibit B of the
`Motion as Roku's Confidential Sur−Surreply in Support of Its Motion to Transfer
`Venue. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 04/25/2019)
`
`04/25/2019
`
`62 Sealed Document filed (Attachments: # 1 Transcript) (lad) (Entered: 04/25/2019)
`
`05/15/2019
`
`05/22/2019
`
`05/23/2019
`
`05/24/2019
`
`05/24/2019
`
`05/24/2019
`
`63 ORDER SETTING MOTION HEARING for 5/29/2019 03:00 PM before Judge Alan
`D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 05/15/2019)
`
`64 Claim Construction BRIEF by MV3 Partners LLC. (Attachments: # 1 Declaration of
`Rodney R. Miller, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6
`Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit
`J)(Mann, J.) (Entered: 05/22/2019)
`
`67 Unopposed MOTION to Withdraw and Substitute Docket Entries 65 and 66 by Roku,
`Inc.. (Mandrusiak, Lisa) (Entered: 05/23/2019)
`
`Text Order GRANTING 59 Motion for Leave to File Sealed Document entered by
`Judge Alan D Albright. The Court grants Plaintiff's Motion for Leave to File Sealed
`Document. (This is a text−only entry generated by the court. There is no document
`associated with this entry.) (sb) (Entered: 05/24/2019)
`
`Text Order GRANTING 67 Motion to Withdraw entered by Judge Alan D Albright.
`Came on for consideration Defendant's Motion. Noting that it is unopposed, the Court
`GRANTS the Motion. The Clerk's Office is directed to withdraw Docket Nos. 65 and
`66. Additionally, Defendant is permitted to refile its opening claim construction brief
`and supporting documents. (This is a text−only entry generated by the court. There is
`no document associated with this entry.) (sb) (Entered: 05/24/2019)
`
`68 Claim Construction BRIEF by Roku, Inc.. (Attachments: # 1 Affidavit Mandrusiak
`Declaration, # 2 Exhibit 1 − 223 Patent, # 3 Exhibit 2 File History Part 1, # 4 Exhibit 2
`File History Part 2, # 5 Exhibit 3 Akl Declaration, # 6 Exhibit 4 Glossary, # 7 Exhibit
`5 Dictionary Excerpt, # 8 Exhibit 6 Textbook excerpt, # 9 Exhibit 7 Patent, # 10
`Exhibit 8 Dictionary Excerpt, # 11 Exhibit 9 Patent Application, # 12 Exhibit 10
`Dictionary Excerpt, # 13 Exhibit 11 Dictionary Excerpt, # 14 Exhibit 12 Textbook
`Excerpt, # 15 Exhibit 13 Patent, # 16 Exhibit 14 Product Info, # 17 Exhibit 15 Product
`Info, # 18 Errata 16 Dictionary Excerpt, # 19 Exhibit 17 MV3 Patent Owner
`Preliminary Response in IPR, # 20 Exhibit 18 Schonfeld Dec in IPR)(Mandrusiak,
`Lisa) (Entered: 05/24/2019)
`
`12
`
`

`

`Case: 6:18-cv-00308-ADA As of: 12/07/2020 09:57 AM CST 13 of 53
`
`05/29/2019
`
`06/08/2019
`
`06/12/2019
`
`06/12/2019
`
`06/25/2019
`
`06/25/2019
`
`06/26/2019
`
`06/26/2019
`
`07/03/2019
`
`07/03/2019
`
`07/09/2019
`
`07/11/2019
`
`07/19/2019
`
`07/22/2019
`
`70 Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing
`held on 5/29/2019. Case called for Motion Hearing. Parties argued their positions
`regarding the Motion to Transfer Venue. Court will issue order next week hopefully.
`(Minute entry documents are not available electronically.). (Court Reporter Kristie
`Dvis.)(lad) (Entered: 05/29/2019)
`
`71 Transcript filed of Proceedings held on 5−29−19, Proceedings Transcribed: Motion
`Hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due 7/1/2019, Redacted Transcript Deadline set for 7/9/2019,
`Release of Transcript Restriction set for 9/6/2019, (kd) (Entered: 06/08/2019)
`
`72 RESPONSE to MV3's Opening Claim Construction Brief to 64 Brief, by Roku, Inc..
`(Mandrusiak, Lisa) (Entered: 06/12/2019)
`
`73 RESPONSE to Roku's Opening Claim Construction Brief to 68 Brief,,, by MV3
`Partners LLC. (Attachments: # 1 Declaration of Daniel C. Miller, # 2 Exhibit A, # 3
`Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Mann, J.) (Entered: 06/12/2019)
`
`74 ORDER DENYING 52 Motion to Transfer Venue. Signed by Judge Alan D Albright.
`(lad) (Entered: 06/25/2019)
`
`75 ORDER DENYING 43 Motion to Dismiss DEFENDANTS INEQUITABLE
`CONDUCT COUNTERCLAIMS. Signed by Judge Alan D Albright. (lad) (Entered:
`06/25/2019)
`
`76 RESPONSE (Reply) in Support of its Claim Construction Positions to 73 Response by
`Roku, Inc.. (Attachments: # 1 Affidavit Mandrusiak Declaration, # 2 Exhibit
`19)(Mandrusiak, Lisa) (Entered: 06/26/2019)
`
`77 RESPONSE Reply Claim Construction Brief to 72 Response by MV3 Partners LLC.
`(Attachments: # 1 Declaration ISO Reply Claim Construction Brief, # 2 Exhibit 1, # 3
`Exhibit 2)(Tindel, Andy) (Entered: 06/26/2019)
`
`78 NOTICE of Filing Joint Claim Construction Statement by MV3 Partners LLC
`(Attachments: # 1 Exhibit A)(Tindel, Andy) (Entered: 07/03/2019)
`
`79 NOTICE of Compliance Regarding Submission of Technology Tutorial by MV3
`Partners LLC (Tindel, Andy) (Entered: 07/03/2019)
`
`80 ANSWER to 39 Answer to Amended Complaint, Counterclaim of Defendant Roku,
`Inc. by MV3 Partners LLC.(Tindel, Andy) (Entered: 07/09/2019)
`
`81 ORDER setting Telephone Conference for 7/15/2019 05:00 PM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (lad) (Entered: 07/11/2019)
`
`82 Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing
`held on 7/19/2019. Case called for Tutorial and Markman hearings. Parties announce
`ready. Parties begin tutorial terms. Experts Dan Schoenfeld and Robert Akl heard.
`Rulings regarding terms made on the record. Hearing concluded. (Minute entry
`documents are not available electronically.) (Court Reporter Kristie Davis.)(lad)
`(Entered: 07/19/2019)
`
`83 Transcript filed of Proceedings held on 7−19−19, Proceedings Transcribed: Markman
`hearing. Court Reporter/Transcriber: Kristie Davis, Telephone number:
`254−340−6114. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the
`court reporter or viewed at the clerk's office public terminal. If redaction is necessary,
`a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed,
`the transcript will be made available via PACER without redaction after 90 calendar
`days. The clerk will mail a copy of this notice to parties not electronically noticed
`Redaction Request due