Avant Location Technologies LLC v. Apple Inc.

2:24-cv-00757 | Texas Eastern District Court

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Division Marshall
Judge District Judge Rodney Gilstrap
Filed Sept. 13, 2024
Case Flags JRG4, JURY, LEAD, and PATENT/TRADEMARK
Nature of Suit 830 Patent
Cause 28:1338 Patent Infringement
Jury Demand Plaintiff
Patents 10,009,720, 8,738,040, 9,119,030, 9,485,621, and 9,622,032
Last Updated: 1 day, 13 hours ago Show Interactive Timeline
Upcoming Events
3 Months
  • 7/11/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Comply with P.R. 4-3 (Joint Claim Construction Statement) Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions) July 11, 2025 Comply with P.R. 4-1 (Exchange Proposed Claim Terms) 4
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3 Months
  • 8/1/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Comply with P.R. 4-4 (Deadline Construction Discovery) to Complete Claim September 12, 2025 File Response to Amended Pleadings August 29, 2025 August 22, 2025 August 1, 2025 *File Amended Pleadings It is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents.
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4 Months
  • 8/22/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Comply with P.R. 4-4 (Deadline Construction Discovery) to Complete Claim September 12, 2025 File Response to Amended Pleadings August 29, 2025 August 22, 2025 August 1, 2025 *File Amended Pleadings It is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents.
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4 Months
  • 8/29/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Comply with P.R. 4-4 (Deadline Construction Discovery) to Complete Claim September 12, 2025 File Response to Amended Pleadings August 29, 2025 August 22, 2025 August 1, 2025 *File Amended Pleadings It is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents.
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5 Months
  • 9/12/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Comply with P.R. 4-4 (Deadline Construction Discovery) to Complete Claim September 12, 2025 File Response to Amended Pleadings August 29, 2025 August 22, 2025 August 1, 2025 *File Amended Pleadings It is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents.
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5 Months
  • 9/19/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Texas before Judge Rodney Gilstrap October 31, 2025 October 24, 2025 October 17, 2025 October 3, 2025 October 3, 2025 September 19, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a).
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6 Months
  • 10/3/2025
Texas before Judge Rodney Gilstrap *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) 4 Original Date Amended Date Event October 3, 2025 October 3, 2025 September 19, 2025 September 12, 2025 August 29, 2025 August 22, 2025 August 1, 2025 July 11, 2025
Texas before Judge Rodney Gilstrap October 31, 2025 October 24, 2025 October 17, 2025 October 3, 2025 October 3, 2025 September 19, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a).
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6 Months
  • 10/17/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
Texas before Judge Rodney Gilstrap October 31, 2025 October 24, 2025 October 17, 2025 October 3, 2025 October 3, 2025 September 19, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a).
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6 Months
  • 10/24/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
Texas before Judge Rodney Gilstrap October 31, 2025 October 24, 2025 October 17, 2025 October 3, 2025 October 3, 2025 September 19, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a).
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6 Months
  • 10/31/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
Texas before Judge Rodney Gilstrap October 31, 2025 October 24, 2025 October 17, 2025 October 3, 2025 October 3, 2025 September 19, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a).
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7 Months
  • 11/14/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
DOCKET CONTROL ORDER: Claim Construction Hearing SET for 11/14/2025 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap.
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8 Months
  • 12/5/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
3 December 5, 2025 Comply with P.R. 3-7 (Opinion of Counsel Defenses) November 14, 2025 *Claim Construction Hearing – 9:00 a.m. in Marshall
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8 Months
  • 12/15/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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8 Months
  • 12/22/2025
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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9 Months
  • 1/20/2026
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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10 Months
  • 2/2/2026
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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10 Months
  • 2/9/2026
3 Original Date Amended Date Event February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 December 5, 2025 November 14, 2025 October 31, 2025 October 24, 2025 October 17, 2025 *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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10 Months
  • 2/23/2026
2 Original Date Amended Date Event March 30, 2026 March 23, 2026 March 23, 2026 March 16, 2026 March 2, 2026 February 23, 2026 *File Notice of Request for Daily Transcript or Real Time Reporting.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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11 Months
  • 3/2/2026
2 Original Date Amended Date Event March 30, 2026 March 23, 2026 March 23, 2026 March 16, 2026 March 2, 2026 February 23, 2026 *File Notice of Request for Daily Transcript or Real Time Reporting.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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11 Months
  • 3/16/2026
2 Original Date Amended Date Event March 30, 2026 March 23, 2026 March 23, 2026 March 16, 2026 March 2, 2026 February 23, 2026 *File Notice of Request for Daily Transcript or Real Time Reporting.
2 March 16, 2026 March 2, 2026 February 23, 2026 February 9, 2026 February 9, 2026 February 2, 2026 January 20, 2026 December 15, 2025 December 22, 2025 Serve Objections to Pretrial Disclosures
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11 Months
  • 3/23/2026
2 Original Date Amended Date Event March 30, 2026 March 23, 2026 March 23, 2026 March 16, 2026 March 2, 2026 February 23, 2026 *File Notice of Request for Daily Transcript or Real Time Reporting.
2 April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 March 30, 2026 March 23, 2026 * If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.
March 23, 2026 Serve Objections to Rebuttal Pretrial Disclosures
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12 Months
  • 3/30/2026
2 Original Date Amended Date Event March 30, 2026
2 April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 March 30, 2026 March 23, 2026 * If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.
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12 Months
  • 4/6/2026
Accordingly, the Court ORDERS that the Docket Control Order (Dkt. 36) is amended as follows: Original Date Amended Date Event May 18, 2026 7 days before Jury Selection 10 days before Jury Selection April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 *Jury Selection – 9:00 a.m. in Marshall
2 April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 March 30, 2026 March 23, 2026 * If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.
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12 Months
  • 4/13/2026
Accordingly, the Court ORDERS that the Docket Control Order (Dkt. 36) is amended as follows: Original Date Amended Date Event May 18, 2026 7 days before Jury Selection 10 days before Jury Selection April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 *Jury Selection – 9:00 a.m. in Marshall
Pretrial Conference SET for 4/13/2026 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap.
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12 Months
  • 4/20/2026
Accordingly, the Court ORDERS that the Docket Control Order (Dkt. 36) is amended as follows: Original Date Amended Date Event May 18, 2026 7 days before Jury Selection 10 days before Jury Selection April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 *Jury Selection – 9:00 a.m. in Marshall
2 April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 March 30, 2026 March 23, 2026 * If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.
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13 Months
  • 5/18/2026
Accordingly, the Court ORDERS that the Docket Control Order (Dkt. 36) is amended as follows: Original Date Amended Date Event May 18, 2026 7 days before Jury Selection 10 days before Jury Selection April 20, 2026 April 13, 2026 April 6, 2026 April 6, 2026 *Jury Selection – 9:00 a.m. in Marshall
Jury Selection SET for 5/18/2026 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap.
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Show 22 More Events
Filing Date # Docket Text
3/14/2025 NOTICE OF COMPLIANCE by Ecobee Technologies ULC d/b/a Ecobee Regarding Invalidity and Subject Matter Eligibility Contentions and P.R. 3-3 and 3-4 disclosures (Ainsworth, Jennifer) (Entered: 03/14/2025)
2/14/2025
  • Motion to Dismiss (Demurrer)by Π
SUR-REPLY to Reply to Response re 66 MOTION to Dismiss Plaintiff Avant's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avant Location Technologies LLC. (Lambrianakos, Peter) (Entered: 02/14/2025)
2/7/2025
  • Motion to Dismiss (Demurrer)by Δ
REPLY to Response re 66 MOTION to Dismiss Plaintiff Avant's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ecobee Technologies ULC d/b/a Ecobee. (Leach, Thomas) (Entered: 02/07/2025)
2/6/2025
  • Motion to Extend TimeGranted
ORDER granting 70 Motion for Extension of Time for Invalidity Contentions and Subject Matter Eligibility Contentions. Signed by District Judge Rodney Gilstrap on 02/05/2025. (KLC) (Entered: 02/06/2025)
2/4/2025
  • Motion to Extend Timeby Δ
UNOPPOSED MOTION FOR EXTENSION OF TIME FOR INVALIDITY CONTENTIONS AND SUBJECT MATTER ELIGIBILITY CONTENTIONS by Apple Inc.. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 02/04/2025)
1/31/2025
  • Motion to Dismiss (Demurrer)by Π
RESPONSE in Opposition re 66 MOTION to Dismiss Plaintiff Avant's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 01/31/2025)
1/27/2025 SEALED Plaintiff Avant Location Technologies LLC's SUR-REPLY in Support of its Opposition re Defendant Apple Inc.'s 33 SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA filed by Avant Location Technologies LLC. (Lambrianakos, Peter) (Entered: 01/27/2025)
1/27/2025JOINT NOTICE of Joint Letter Regarding Compliance with Standing Order by Ecobee Technologies ULC d/b/a Ecobee re 66 MOTION to Dismiss Plaintiff Avant's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (Attachments: # 1 Additional Attachment(s) Joint Letter)(Ainsworth, Jennifer) (Entered: 01/27/2025)
1/17/2025
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss Plaintiff Avant's First Amended Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ecobee Technologies ULC d/b/a Ecobee. (Attachments: # 1 Proposed Order)(Leach, Thomas) (Entered: 01/17/2025)
1/16/2025 REDACTION to 64 Sealed Reply to Response to Motion, by Apple Inc.. (Attachments: # 1 Affidavit/Declaration A. Danford, # 2 Exhibit 16)(Smith, Melissa) (Entered: 01/16/2025)
1/10/2025
  • Motion to Dismiss (Demurrer)by Δ
SEALED REPLY to Response re 33 SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA filed by Apple Inc.. (Attachments: # 1 Affidavit/Declaration A. Danford, # 2 Exhibit 16)(Smith, Melissa) (Entered: 01/10/2025)
12/30/2024
  • Motion to Extend TimeGranted
ORDER granting 61 Motion for Extension of Time to Answer or Otherwise Respond. Signed by District Judge Rodney Gilstrap on 12/27/2024. (KLC) (Entered: 12/30/2024)
12/30/2024
  • Motion to Extend TimeGranted
ORDER granting 60 Motion for Extension of Time to Briefing Schedule for Apple Inc.s Motion to Dismiss or, Alternatively, to Transfer to The Northern District of California. Signed by District Judge Rodney Gilstrap on 12/27/2024. (KLC) (Entered: 12/30/2024)
12/26/2024
  • Motion to Extend Timeby Π
JOINT MOTION for Extension of Time to Answer or Otherwise Respond by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 12/26/2024)
12/26/2024
  • Motion to Extend Timeby Δ
JOINT MOTION FOR EXTENSION OF TIME TO BRIEFING SCHEDULE re 33 SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA by Apple Inc.. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 12/26/2024)
12/23/2024
  • Motion to Dismiss (Demurrer)by Π
SEALED RESPONSE IN OPPOSITION re 33 SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA filed by Avant Location Technologies LLC. (Attachments: # 1 Declaration of Peter Lambrianakos, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Lambrianakos, Peter) (Entered: 12/23/2024)
12/23/2024
  • Motion to Dismiss for Failure to State a Claim
ORDER denying as moot 39 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6). Signed by District Judge Rodney Gilstrap on 12/23/2024. (bmf) (Entered: 12/23/2024)
12/20/2024AMENDED Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (Lambrianakos, Peter) (Entered: 12/20/2024)
12/20/2024
  • Complaintby Π
FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT against Ecobee Technologies ULC d/b/a Ecobee, filed by Avant Location Technologies LLC. (Attachments: # 1 Exhibit 1 - U.S. Patent No. 8,738,040, # 2 Exhibit 2 - U.S. Patent No. 10,009,720, # 3 Exhibit 3 - U.S. Patent No. 9,119,030, # 4 Exhibit 4 - U.S. Patent No. 9,485,621, # 5 Exhibit 5 - U.S. Patent No. 9,622,032)(Lambrianakos, Peter) (Entered: 12/20/2024)
12/19/2024FIRST AMENDED DOCKET CONTROL ORDER re 54 Motion to Amend/Correct Docket Control Order. Signed by District Judge Rodney Gilstrap on 12/19/2024. (NKL) (Entered: 12/19/2024)
12/18/2024JOINT MOTION to Amend/Correct Docket Control Order by Ecobee Technologies ULC d/b/a Ecobee. (Attachments: # 1 Proposed Order Amended DCO)(Ainsworth, Jennifer) (Entered: 12/18/2024)
12/16/2024E-DISCOVERY ORDER. Signed by District Judge Rodney Gilstrap on 12/16/2024. (wea) (Entered: 12/16/2024)
12/14/2024
  • Motionby Π
JOINT MOTION for Entry of Agreed E-Discovery Order by Avant Location Technologies LLC. (Attachments: # 1 Exhibit A - Proposed E-Discovery Order)(Lambrianakos, Peter) (Entered: 12/14/2024)
12/12/2024 NOTICE OF COMPLIANCE by Avant Location Technologies LLC with Service of its Initial Disclosures to Defendant Ecobee Technologies ULC d/b/a Ecobee (Lambrianakos, Peter) (Entered: 12/12/2024)
12/12/2024JOINT NOTICE of Joint Letter Regarding Compliance with Standing Order by Ecobee Technologies ULC d/b/a Ecobee re 39 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (Attachments: # 1 Letter)(Ainsworth, Jennifer) (Entered: 12/12/2024)
12/12/2024 NOTICE OF COMPLIANCE by Avant Location Technologies LLC with Service of its Initial Disclosures to Defendant Apple, Inc. (Lambrianakos, Peter) (Entered: 12/12/2024)
12/12/2024JOINT NOTICE Joint Letter regarding Motion to Dismiss under 35 U.S.C. 101 by Ecobee Technologies ULC d/b/a Ecobee re 39 MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) (Ainsworth, Jennifer) (Entered: 12/12/2024)
12/10/2024
  • Motion for Protective Order
PROTECTIVE ORDER. Signed by District Judge Rodney Gilstrap on 12/10/2024. (KLC) (Entered: 12/10/2024)
12/10/2024
  • OrderGranted
ORDER granting 43 Motion or Extension of Time to Briefing Schedule for Apple Inc.s Motion to Dismiss or, Alternatively, to Transfer to the Northern District of California. Signed by District Judge Rodney Gilstrap on 12/10/2024. (KLC) (Entered: 12/10/2024)
12/6/2024 NOTICE OF COMPLIANCE by Ecobee Technologies ULC d/b/a Ecobee re Service of Initial and Additional Disclosures (Chad, Eric) (Entered: 12/06/2024)
12/6/2024
  • Motion for Protective Orderby Π
JOINT MOTION for Entry of Partially Disputed Protective Order by Avant Location Technologies LLC. (Attachments: # 1 Exhibit A - Proposed Protective Order)(Lambrianakos, Peter) (Entered: 12/06/2024)
12/6/2024
  • Motion to Extend Timeby Π
JOINT MOTION for Extension of Time to Briefing Schedule for Apple Inc.'s Motion to Dismiss or, Alternatively, to Transfer to the Northern District of California (Dkt. 33) and for Invalidity Contentions and Subject Matter Eligibility Contentions by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 12/06/2024)
12/6/2024
  • Motion to Extend TimeGranted
ORDER granting 41 Motion for Extension of Time for Plaintiff Avant Location Technologies LLC to Oppose Defendant ecobee Technologies ULC D/B/A ecobees Motion to Dismiss for Failure to State a Claim. Signed by District Judge Rodney Gilstrap on 12/5/2024. (KLC) (Entered: 12/06/2024)
12/4/2024
  • Motion to Extend Timeby Π
UNOPPOSED MOTION for Extension of Time to Oppose ecobee's Motion to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) and for ecobee to File its Reply (Dkt. 39) by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 12/04/2024)
12/2/2024 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Ecobee Technologies ULC d/b/a Ecobee identifying Corporate Parent Generac Power Systems, Inc, Corporate Parent Generac Holdings Inc., Corporate Parent Generac Acquisition Corp for Ecobee Technologies ULC d/b/a Ecobee. (Ainsworth, Jennifer) (Entered: 12/02/2024)
12/2/2024
  • Motion to Dismiss for Failure to State a Claim
MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) by Ecobee Technologies ULC d/b/a Ecobee. (Attachments: # 1 Affidavit/Declaration of T. Leach ISO Motion, # 2 Exhibit 1 - US8738040, # 3 Proposed Order)(Ainsworth, Jennifer) (Entered: 12/02/2024)
12/2/2024
  • Motion to FileGranted
ORDER granting 32 Unopposed Motion to File Under Seal Apple Inc.'s Motion to Dismiss or, Alternatively, to Transfer to the Northern District of California. Signed by District Judge Rodney Gilstrap on 12/2/2024. (jmb) (Entered: 12/02/2024)
12/2/2024DISCOVERY ORDER. Signed by District Judge Rodney Gilstrap on 12/2/2024. (jmb) (Entered: 12/02/2024)
12/2/2024DOCKET CONTROL ORDER: Claim Construction Hearing SET for 11/14/2025 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. Pretrial Conference SET for 4/13/2026 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. Jury Selection SET for 5/18/2026 at 09:00 AM in Ctrm 106 (Marshall) before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 12/2/2024. (jmb) (Entered: 12/02/2024)
11/25/2024 REDACTION to 33 SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA by Apple Inc.. (Attachments: # 1 Affidavit/Declaration S. Dockendorf, # 2 Affidavit/Declaration J. Leslie, # 3 Affidavit/Declaration S. Calhoun Jemmings, # 4 Affidavit/Declaration S. Movva, # 5 Affidavit/Declaration R. Warren, # 6 Affidavit/Declaration D. Williams, # 7 Affidavit/Declaration C. Spevak, # 8 Affidavit/Declaration J. Anderson, # 9 Affidavit/Declaration A. Danford, # 10 Exhibit 1, # 11 Exhibit 2, # 12 Exhibit 3, # 13 Exhibit 4, # 14 Exhibit 5, # 15 Exhibit 6, # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10, # 20 Exhibit 11, # 21 Exhibit 12, # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25 Proposed Order)(Smith, Melissa) (Entered: 11/25/2024)
11/22/2024 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Apple Inc. (Smith, Melissa) (Entered: 11/22/2024)
11/22/2024
  • Motion to Dismiss (Demurrer)by Δ
SEALED MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA by Apple Inc.. (Attachments: # 1 Affidavit/Declaration S. Dockendorf, # 2 Affidavit/Declaration J. Leslie, # 3 Affidavit/Declaration S. Calhoun Jemmings, # 4 Affidavit/Declaration S. Movva, # 5 Affidavit/Declaration R. Warren, # 6 Affidavit/Declaration D. Williams, # 7 Affidavit/Declaration C. Spevak, # 8 Affidavit/Declaration J. Anderson, # 9 Affidavit/Declaration A. Danford, # 10 Exhibit 1, # 11 Exhibit 2, # 12 Exhibit 3, # 13 Exhibit 4, # 14 Exhibit 5, # 15 Exhibit 6, # 16 Exhibit 7, # 17 Exhibit 8, # 18 Exhibit 9, # 19 Exhibit 10, # 20 Exhibit 11, # 21 Exhibit 12, # 22 Exhibit 13, # 23 Exhibit 14, # 24 Exhibit 15, # 25 Proposed Order)(Smith, Melissa) (Entered: 11/22/2024)
11/22/2024
  • Motion to Fileby Δ
UNOPPOSED MOTION TO FILE UNDER SEAL APPLE INC.'S MOTION TO DISMISS OR, ALTERNATIVELY, TO TRANSFER TO THE NORTHERN DISTRICT OF CALIFORNIA, AND DECLARATIONS AND EXHIBITS FILED IN SUPPORT OF THE SAME by Apple Inc.. (Attachments: # 1 Proposed Order)(Smith, Melissa) (Entered: 11/22/2024)
11/21/2024
  • Motionby Π
JOINT MOTION for Entry of Agreed Discovery Order by Avant Location Technologies LLC. (Attachments: # 1 Exhibit A - Proposed Discovery Order)(Lambrianakos, Peter) (Entered: 11/21/2024)
11/21/2024
  • Motion
JOINT MOTION for Entry of Agreed Docket Control Order by Avant Location Technologies LLC. (Attachments: # 1 Exhibit A - Proposed Docket Control Order)(Lambrianakos, Peter) Modified on 12/2/2024 to terminate motion (jmb). (Entered: 11/21/2024)
11/20/2024NOTICE of Attorney Appearance - Pro Hac Vice by Joseph Dubis on behalf of Ecobee Technologies ULC d/b/a Ecobee. Filing fee $ 100, receipt number ATXEDC-10505280. (Dubis, Joseph) (Entered: 11/20/2024)
11/20/2024NOTICE of Attorney Appearance - Pro Hac Vice by Michael A. Erbele on behalf of Ecobee Technologies ULC d/b/a Ecobee. Filing fee $ 100, receipt number ATXEDC-10505168. (Erbele, Michael) (Entered: 11/20/2024)
11/20/2024NOTICE of Attorney Appearance - Pro Hac Vice by Eric R Chad on behalf of Ecobee Technologies ULC d/b/a Ecobee. Filing fee $ 100, receipt number ATXEDC-10502984. (Chad, Eric) (Entered: 11/20/2024)
11/20/2024NOTICE of Attorney Appearance - Pro Hac Vice by Thomas Joseph Leach on behalf of Ecobee Technologies ULC d/b/a Ecobee. Filing fee $ 100, receipt number ATXEDC-10502896. (Leach, Thomas) (Entered: 11/20/2024)
11/15/2024 NOTICE OF COMPLIANCE by Avant Location Technologies LLC with its P.R. 3-1 and 3-2 Disclosures (Lambrianakos, Peter) (Entered: 11/15/2024)
11/15/2024NOTICE of Attorney Appearance - Pro Hac Vice by Joseph F Haag on behalf of Apple Inc.. Filing fee $ 100, receipt number ATXEDC-10490417. (Haag, Joseph) (Entered: 11/15/2024)
11/14/2024NOTICE of Attorney Appearance - Pro Hac Vice by Mark D. Selwyn on behalf of Apple Inc.. Filing fee $ 100, receipt number ATXEDC-10487783. (Selwyn, Mark) (Entered: 11/14/2024)
11/14/2024NOTICE of Attorney Appearance - Pro Hac Vice by Joseph J Mueller on behalf of Apple Inc.. Filing fee $ 100, receipt number ATXEDC-10487755. (Mueller, Joseph) (Entered: 11/14/2024)
11/14/2024NOTICE of Attorney Appearance - Pro Hac Vice by Andrew J Danford on behalf of Apple Inc.. Filing fee $ 100, receipt number ATXEDC-10487735. (Danford, Andrew) (Entered: 11/14/2024)
11/7/2024Minute Entry for proceedings held before District Judge Rodney Gilstrap (Lead 2:24-cv-757 and Member 2:23-cv-354): Scheduling Conference/Case Management Conference held on 11/7/2024 from 01:35 PM - 02:49 PM. Counsel for the parties appeared. Court asked whether the parties consented to trial before the U.S. Magistrate Judge. Court proceeded to provide counsel with Claim Construction and Jury Selection/Trial dates. (Court Reporter - Shawn McRoberts) (aeb) (Entered: 11/14/2024)
11/4/2024 NOTICE of Attorney Appearance by Ty William Wilson on behalf of Avant Location Technologies LLC (Wilson, Ty) (Entered: 11/04/2024)
10/30/2024
  • Motion to Extend TimeGranted
ORDER granting 17 Motion for Extension of Time as to Infringement and Invalidity Contentions. Signed by District Judge Rodney Gilstrap on 10/29/2024. (KLC) (Entered: 10/30/2024)
10/29/2024
  • Motion to Extend TimeGranted
ORDER granting 14 Joint Motion for Extension of Time as to Infringement and Invalidity Contentions filed by Plaintiff Avant Location Technologies LLC and Defendant Ecobee Technologies ULC d/b/a ecobee. The deadline for Plaintiff to comply with P.R. 3-1 and P.R. 3-2 is extended up to and including November 15, 2024. The deadline for Defendant to comply with P.R. 3-3 and P.R. 3-4 is extended up to and including January 10, 2025. Signed by District Judge Rodney Gilstrap on 10/29/24. (ljw) (Entered: 10/30/2024)
10/24/2024
  • Motion to Extend Timeby Π
JOINT MOTION for Extension of Time as to Infringement and Invalidity Contentions by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 10/24/2024)
10/24/2024 NOTICE of Attorney Appearance by Rudolph Fink, IV on behalf of Avant Location Technologies LLC (Fink, Rudolph) (Entered: 10/24/2024)
10/24/2024 NOTICE of Attorney Appearance by William Ellsworth Davis, III on behalf of Avant Location Technologies LLC (Davis, William) (Entered: 10/24/2024)
10/24/2024
  • Motion to Extend Timeby Π
JOINT MOTION for Extension of Time as to Infringement and Invalidity Contentions (Ecobee) by Avant Location Technologies LLC. (Attachments: # 1 Proposed Order)(Lambrianakos, Peter) (Entered: 10/24/2024)
10/23/2024ORDER - Scheduling/Case Management Conference set for 11/7/2024 at 01:30 PM before District Judge Rodney Gilstrap. Signed by District Judge Rodney Gilstrap on 10/22/2024. (NKL) (Entered: 10/23/2024)
10/23/2024
  • Order
CONSOLIDATION ORDER - The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all pretrial issues with the LEAD CASE, Case No. 2:24-cv-00757. All parties are instructed to file any future filings in the LEAD CASE. Individual cases remain active for trial.. Signed by District Judge Rodney Gilstrap on 10/22/2024. (NKL) (Entered: 10/23/2024)
9/19/2024
  • Motion to Extend TimeGranted
Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Apple Inc. to 11/23/2024. 45 Days Granted for Deadline Extension.(CH) (Entered: 09/19/2024)
9/19/2024
  • Motion to Extend Timeby Δ
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Apple Inc..(Smith, Melissa) (Entered: 09/19/2024)
9/16/2024SUMMONS Issued as to Apple Inc.. (CH) (Entered: 09/16/2024)
9/16/2024In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (CH) (Entered: 09/16/2024)
9/16/2024Case assigned to District Judge Rodney Gilstrap. (CH) (Entered: 09/16/2024)
9/13/2024 NOTICE of Attorney Appearance by Justine Minseon Park on behalf of Avant Location Technologies LLC (Park, Justine) (Entered: 09/13/2024)
9/13/2024 NOTICE of Attorney Appearance by Julian Glenn Pymento on behalf of Avant Location Technologies LLC (Pymento, Julian) (Entered: 09/13/2024)
9/13/2024 NOTICE of Attorney Appearance by Jacob Daniel Ostling on behalf of Avant Location Technologies LLC (Ostling, Jacob) (Entered: 09/13/2024)
9/13/2024 NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of Avant Location Technologies LLC (Fabricant, Alfred) (Entered: 09/13/2024)
9/13/2024 NOTICE of Attorney Appearance by Vincent J Rubino, III on behalf of Avant Location Technologies LLC (Rubino, Vincent) (Entered: 09/13/2024)
9/13/2024 NOTICE of Attorney Appearance by Peter Lambrianakos on behalf of Avant Location Technologies LLC (Lambrianakos, Peter) (Entered: 09/13/2024)
9/13/2024 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Avant Location Technologies LLC (Lambrianakos, Peter) (Entered: 09/13/2024)
9/13/2024 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (Lambrianakos, Peter) (Entered: 09/13/2024)
9/13/2024
  • Complaintby Π
COMPLAINT against Apple Inc. ( Filing fee $ 405 receipt number ATXEDC-10359758.), filed by Avant Location Technologies LLC. (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 Civil Cover Sheet)(Lambrianakos, Peter) (Entered: 09/13/2024)