PROVEN NETWORKS, LLC, PATENT LITIGATION

6:20-mc-02959 | Texas Western District Court

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Division Waco
Judge Judge Alan D Albright
Filed Oct. 16, 2020
Case Flags MASTER DOCKET and MDL-2959
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Related Case 6:21-cv-00275
Last Updated: 1 day, 20 hours ago Show Interactive Timeline
Filing Date # Docket Text
9/30/2022
  • Motion to Dismiss (Demurrer)Granted
ORDER GRANTING 61 Motion to Dismiss. Per RJlc, Order does not close this 6:20-mc-02959 case. Order to be docketed only in the case per the Motion to Dismiss 61 that was filed. Signed by Judge Alan D Albright. (zv) (Entered: 09/30/2022)
9/29/2022
  • Motion to Dismiss (Demurrer)by Π
Joint MOTION to Dismiss by Proven Networks, LLC. (Attachments: # 1 Proposed Order)(Kroeger, Paul) (Entered: 09/29/2022)
4/20/2022
  • Scheduling Order
AMENDED SCHEDULING ORDER: Dispositive Motions due by 5/9/2022. Signed by Judge Alan D Albright. (sv) (Entered: 04/20/2022)
2/9/2022
  • Scheduling Order
AMENDED SCHEDULING ORDER: Dispositive and Daubert Motions due by 4/25/2022. Signed by Judge Alan D Albright. (ir) (Entered: 02/09/2022)
2/9/2022
  • Motion for Protective Order
PROTECTIVE ORDER. Signed by Judge Alan D Albright. (ir) (Entered: 02/09/2022)
10/19/2021
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 57 Motion to Withdraw as Attorney Kent Shum by Proven Networks, LLC. Entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (WMlc) (Entered: 10/19/2021)
10/18/2021
  • Motion to Withdraw as Counselby Π
Unopposed MOTION to Withdraw as Attorney - Kent Shum by Proven Networks, LLC. (Attachments: # 1 Proposed Order)(Kroeger, Paul) (Entered: 10/18/2021)
10/14/2021
  • Motion to Substitute PartyGranted
Text Order GRANTING 26 Motion to Substitute Party entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc) (Entered: 10/14/2021)
10/14/2021
  • Motion to Substitute PartyGranted
Text Order GRANTING 25 Motion to Substitute Party entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (JGlc) (Entered: 10/14/2021)
10/12/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER GRANTING 55 Motion to Appear Pro Hac Vice for Attorney Andrew D. Weiss. Attorney added for Proven Networks, LLC. 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, if he/she has not previously done so for a prior case in this District. Signed by Judge Alan D Albright. (jkda) (Entered: 10/12/2021)
9/30/2021
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice by Reza Mirzaie for Andrew D. Weiss ( Filing fee $ 100 receipt number 0542-15283648) by on behalf of Proven Networks, LLC. (Mirzaie, Reza) (Entered: 09/30/2021)
9/29/2021NOTICE of Attorney Appearance by Adam Hoffman on behalf of Proven Networks, LLC. Attorney Adam Hoffman added to party Proven Networks, LLC(pty:pla) (Hoffman, Adam) (Entered: 09/29/2021)
9/24/2021STATUS REPORT (Supplemental Status Report Regarding Motion for Inter-District Transfer) by NetApp, Inc.. (Guaragna, John) (Entered: 09/24/2021)
8/16/2021
  • Motion for Protective Order
PROTECTIVE ORDER. Signed by Judge Alan D Albright. (ir) (Entered: 08/16/2021)
8/2/2021
  • Order
ORDER TO PAY TECHNICAL ADVISOR. Signed by Judge Alan D Albright. (ir) (Entered: 08/03/2021)
7/30/2021
  • Motion for Claim Construction
CLAIM CONSTRUCTION ORDER AND MEMORANDUM IN SUPPORT THEREOF. Signed by Judge Alan D Albright. (lad) (Entered: 07/30/2021)
7/23/2021
  • Motion for Protective Orderby Δ
Joint MOTION for Entry of Protective Order by NetApp, Inc.. (Attachments: # 1 Proposed Protective Order)(Guaragna, John) (Entered: 07/23/2021)
6/10/2021NOTICE of Attorney Appearance by William Andrew Liddell on behalf of SonicWall Inc.. Attorney William Andrew Liddell added to party SonicWall Inc.(pty:pla) (Liddell, William) (Entered: 06/10/2021)
6/3/2021Unopposed MOTION to Amend/Correct Scheduling Order by Amazon Web Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Proposed Order)(Hadden, J.) (Entered: 06/03/2021)
5/18/2021NOTICE of Attorney Appearance by Timothy Franklin Dewberry on behalf of Solarwinds Corp.. Attorney Timothy Franklin Dewberry added to party Solarwinds Corp.(pty:dft) (Dewberry, Timothy) (Entered: 05/18/2021)
5/18/2021NOTICE of Attorney Appearance by Austin Michael Schnell on behalf of Arista Networks, Inc.. Attorney Austin Michael Schnell added to party Arista Networks, Inc.(pty:dft) (Schnell, Austin) (Entered: 05/18/2021)
5/12/2021
  • Motion for Claim Construction
CLAIM CONSTRUCTION ORDER. Signed by Judge Alan D Albright. (lad) (Entered: 05/13/2021)
5/12/2021
  • Order
ORDER TO PAY TECHNICAL ADVISOR. Signed by Judge Alan D Albright. (lad) (Entered: 05/13/2021)
5/11/2021
  • Motion to Appear Pro Hac ViceGranted
Text Order GRANTING 40 Motion to Appear Pro Hac Vice for Attorney David T. Shackelford for Proven Networks, LLC. 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.) (mm6) (Entered: 05/11/2021)
5/9/2021Transcript filed of Proceedings held on April 23, 2021, Proceedings Transcribed: Videoconference Markman Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or Lily_Reznik@txwd.uscourts.gov. 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 6/1/2021, Redacted Transcript Deadline set for 6/9/2021, Release of Transcript Restriction set for 8/9/2021, (lr) (Entered: 05/09/2021)
5/3/2021
  • Order
Conditional Transfer Order entered by the Judicial Panel on Multidistrict Litigation; CTO-3 Orders the transfer of case 3:21-2185 from CAND; Certified Copy of order has been emailed to CAND.(kc) (Entered: 05/04/2021)
4/28/2021
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice by Paul A. Kroeger for David T. Shackelford ( Filing fee $ 100 receipt number 0542-14749447) by on behalf of Proven Networks, LLC. (Kroeger, Paul) (Entered: 04/28/2021)
4/27/2021TRANSCRIPT REQUEST by Cisco Systems, Inc. for proceedings held on 4/23/21. Proceedings Transcribed: Claim Construction Hearing. Court Reporter: Lily Reznik. (Jones, Michael) (Entered: 04/27/2021)
4/26/2021
  • Motion to Appear Pro Hac ViceGranted
Text Order GRANTING 37 Motion to Appear Pro Hac Vice for Attorney Alan G. Laquer for Arista Networks, 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 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.) (mm6) (Entered: 04/26/2021)
4/23/2021Minute Entry for proceedings held before Judge Alan D Albright: Markman Hearing held on 4/23/2021. Case called for Markman Hearing. The parties argued disputed claim terms and the Court made a ruling which will be memorialized in an Order. The Court asked the parties to confer regarding which of the MDL cases are Waco, which are Austin and which may want to transfer - also the Court will hold a hearing in about a month in order to set appropriate trial dates --- right now the Court is looking at February or March of 2022. The Court asked the Plaintiff to coordinate the cases and find a date where all are available for the next hearing. (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(lad) (Entered: 04/23/2021)
4/22/2021
  • Motion to Appear Pro Hac Viceby Δ
MOTION to Appear Pro Hac Vice by Brian Christopher Nash on behalf of Alan G. Laquer ( Filing fee $ 100 receipt number 0542-14725149) by on behalf of Arista Networks, Inc.. (Attachments: # 1 Proposed Order)(Nash, Brian) (Entered: 04/22/2021)
4/22/2021NOTICE of Change of Address by Gilbert Andrew Greene (Greene, Gilbert) (Entered: 04/22/2021)
4/19/2021NOTICE of Attorney Appearance by E. Glenn Thames, Jr on behalf of Cisco Systems, Inc.. Attorney E. Glenn Thames, Jr added to party Cisco Systems, Inc.(pty:dft) (Thames, E.) (Entered: 04/19/2021)
4/15/2021
  • Order
Order Lifting Stay of Conditional Transfer Order entered by the Judicial Panel on Multidistrict Litigation; TXE Cause 2:20cv389 to be transferred to TXW for inclusion in MDL 2959. Signed by JPML(kc) (Entered: 04/15/2021)
4/14/2021BRIEF by Proven Networks, LLC. (Udick, Steven) (Entered: 04/14/2021)
4/9/2021
  • Responseby Δ
RESPONSE /SUR-REPLY Claim Construction Brief to 20 Brief, by Amazon Web Services, Inc., Amazon.Com, Inc., Arista Networks, Inc., Aruba Networks, Inc., Cisco Systems, Inc., Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, Solarwinds Corp.. (Attachments: # 1 Affidavit /Declaration of Audrey Yang In Support of Defendants' and Declaratory Judgment Plaintiff's Sur-Reply Claim Construction Brief, # 2 Exhibit 1, # 3 Exhibit 2)(Reiter, Mark) (Entered: 04/09/2021)
4/5/2021STATUS REPORT Regarding Motion to Transfer Venue Pending in the Eastern District of Texas by Cisco Systems, Inc.. (Piepmeier, Sarah) (Entered: 04/05/2021)
4/1/2021
  • Order
ORDER APPOINTING TECHNICAL ADVISOR. Signed by Judge Alan D Albright. (mg2) (Entered: 04/05/2021)
3/29/2021STATUS REPORT Regarding Motion for Inter-District Transfer by NetApp, Inc.. (Guaragna, John) (Entered: 03/29/2021)
3/26/2021BRIEF regarding 20 Brief, by Proven Networks, LLC. (Attachments: # 1 Affidavit of Steven J. Udick, # 2 Exhibit 1, # 3 Exhibit 2)(Mirzaie, Reza) (Entered: 03/26/2021)
3/25/2021STATUS REPORT Regarding Motion for Inter-District Transfer by Aruba Networks, Inc., Hewlett Packard Enterprise Company. (Reiter, Mark) (Entered: 03/25/2021)
3/25/2021
  • Motion to Substitute Partyby Δ
Unopposed MOTION to Substitute Party by Aruba Networks, Inc.. (Attachments: # 1 Proposed Order)(Reiter, Mark) (Entered: 03/25/2021)
3/24/2021
  • Motion to Substitute Partyby Δ
Unopposed MOTION to Substitute Party by Aruba Networks, Inc.. (Attachments: # 1 Proposed Order)(Reiter, Mark) (Entered: 03/24/2021)
3/24/2021
  • Order
ORDER RESETTING Zoom Markman Hearing for 4/23/2021 09:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (bot2) (Entered: 03/24/2021)
3/12/2021
  • Motion for Claim Constructionby Δ
RESPONSE CLAIM CONSTRUCTION BRIEF of Defendants and Declaratory Judgment Plaintiff to 20 Brief, by Amazon.Com, Inc., Arista Networks, Inc., Aruba Networks, Inc., Cisco Systems, Inc., Dell Technologies, Inc., Dell, Inc., EMC Corporation, Hewlett Packard Enterprise Company, NetApp, Inc., Solarwinds Corp.. (Attachments: # 1 Affidavit /Declaration of Audrey Yang, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20, # 11 Exhibit 21)(Reiter, Mark) (Entered: 03/12/2021)
2/26/2021
  • Motion to Appear Pro Hac ViceGranted
Text Order GRANTING 19 Motion to Appear Pro Hac Vice for Attorney David Kuznick for Dell Technologies, Inc., Dell, Inc., and EMC Corporation. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already 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.) (mm6) (Entered: 02/26/2021)
2/25/2021
  • Order
Transfer Order entered by the Judicial Panel on Multidistrict Litigation; CAND case 3:20cv5571 ordered transferred to TXWD.(kc) (Entered: 02/25/2021)
2/19/2021BRIEF by Proven Networks, LLC. (Attachments: # 1 Affidavit of Dr. Keith Goossen, # 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)(Mirzaie, Reza) (Entered: 02/19/2021)
2/12/2021
  • Standing Order
Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/25/2021)
2/10/2021
  • Motion to Appear Pro Hac Viceby Δ
MOTION to Appear Pro Hac Vice by Deron R Dacus (on behalf of David Kuznick) ( Filing fee $ 100 receipt number 0542-14472714) by on behalf of Dell Technologies, Inc., Dell, Inc., EMC Corporation. (Attachments: # 1 Proposed Order)(Dacus, Deron) (Entered: 02/10/2021)
1/5/2021
  • Motion to Appear Pro Hac ViceGranted
Text Order GRANTING 18 Motion to Appear Pro Hac Vice for Attorney Tyler Marandola for SonicWall 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 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.) (mm6) (Entered: 01/05/2021)
12/29/2020
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice by Gilbert Andrew Greene on behalf of Tyler Marandola ( Filing fee $ 100 receipt number 0542-14325332) by on behalf of SonicWall Inc.. (Attachments: # 1 Proposed Order)(Greene, Gilbert) (Entered: 12/29/2020)
12/18/2020NOTICE of Attorney Appearance by Steven Joseph Udick on behalf of Proven Networks, LLC. Attorney Steven Joseph Udick added to party Proven Networks, LLC(pty:pla) (Udick, Steven) (Entered: 12/18/2020)
12/15/2020
  • Motion to Withdraw as CounselGranted
Text Order GRANTING 16 Motion to Withdraw as Attorney entered by Judge Alan D Albright. IT IS ORDERED that Jun Zheng of the Duane Morris LLP law firm be allowed to withdraw and is hereby withdrawn as counsel for Plaintiff in the above matter numbers 6:20-mc-02959-ADA and 6:20-cv-00977-ADA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 12/15/2020)
12/15/2020
  • Order
Text Order MOOTING 14 Motion to Transfer Case entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 12/15/2020)
12/8/2020
  • Motion to Withdraw as Counselby Π
Unopposed MOTION to Withdraw as Attorney Jun Zheng by SonicWall Inc.. (Attachments: # 1 Proposed Order)(Greene, Gilbert) (Entered: 12/08/2020)
12/7/2020CERTIFICATE OF SERVICE by Solarwinds Corp. Corrected Certificate of Conference 14 Unopposed MOTION to Transfer Case (Nash, Brian) (Entered: 12/07/2020)
12/4/2020
  • Motionby Δ
Unopposed MOTION to Transfer Case by Solarwinds Corp.. (Attachments: # 1 Exhibit A - Declaration of Tim Danner, # 2 Exhibit B - Declaration of A. Schnell, # 3 Proposed Order)(Nash, Brian) (Entered: 12/04/2020)
12/4/2020NOTICE OF PENDING RENEWED MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IMPROPER VENUE, OR, IN THE ALTERNATIVE, TRANSFER PURSUANT TO 28 U.S.C. § 1404 by Aruba Networks, Inc., Hewlett Packard Enterprise Company (Reiter, Mark) (Entered: 12/04/2020)
12/4/2020NOTICE of Motion to Transfer Venue Pending in the Eastern District of Texas by Cisco Systems, Inc. (Piepmeier, Sarah) (Entered: 12/04/2020)
11/20/2020
  • Motionby Π
Joint MOTION REGARDING ENTRY OF AGREED-UPON SCHEUDLING ORDER by Proven Networks, LLC. (Attachments: # 1 Proposed Order)(Kroeger, Paul) (Entered: 11/20/2020)
11/20/2020NOTICE of Attorney Appearance by Austin Michael Schnell on behalf of Solarwinds Corp.. Attorney Austin Michael Schnell added to party Solarwinds Corp.(pty:dft) (Schnell, Austin) (Entered: 11/20/2020)
11/9/2020Updated Standing Order Governing Proceedings Patent Cases. Signed by Judge Alan D Albright. (jkda) (Entered: 11/10/2020)
11/6/2020
  • Order
ORDER RESETTING MARKMAN HEARING. Markman Hearing set for 4/23/2021 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (mc5) (Entered: 11/06/2020)
11/6/2020
  • Order
ORDER CANCELLING TELEPHONIC SCHEDULING CONFERENCE. IT IS HEREBY ORDERED that the above entitled and numbered case having been set for TELEPHONIC SCHEDULING CONFERENCE on Friday, November 06, 2020 at 09:30 AM is hereby CANCELLED until further order of the court. Signed by Judge Alan D Albright. (am) (Entered: 11/06/2020)
11/5/2020
  • Order
ORDER SETTING MARKMAN HEARING, Markman Hearing set for 4/23/2021 09:00 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 11/05/2020)
11/5/2020STATUS REPORT Re: Case Readiness by Proven Networks, LLC. (Kroeger, Paul) (Entered: 11/05/2020)
11/3/2020NOTICE of Attorney Appearance by Patrick C. Clutter on behalf of Cisco Systems, Inc.. Attorney Patrick C. Clutter added to party Cisco Systems, Inc.(pty:dft) (Clutter, Patrick) (Entered: 11/03/2020)
10/20/2020
  • Order
ORDER GOVERNING PROCEEDINGS PATENT CASE: Telephonic Rule 16 Case Management Conference set for 11/6/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) (Entered: 10/20/2020)
10/19/2020RECEIVED Member Case from Eastern District of Texas: Proven Networks, LLC v. Cisco Systems, Inc., 2:20cv74, Assigned case number 6:20cv983. (kc) (Entered: 10/19/2020)
10/16/2020
  • Order
TRANSFER ORDER w/Schedule A attached regarding multidistrict litigation by the Clerk of the Panel John W. Nichols In re: Proven Networks LLC, Patent Litigation MDL 2959. IT IS THEREFORE ORDERED that pursuant to 28 USC 1407, the actions listed on Schedule A and pending outside the Western District of Texas are transferred to the Western District of Texas and, with the consent of that court, assigned to the Honorable Alan D. Albright for coordinated or consolidated pretrial proceedings. MASTER DOCKET CASE NUMBER ASSIGNMENT 6:20-MC-2959. Signed by Judge Unassigned. (kc) (Additional attachment(s) added on 10/19/2020: # 1 Consent Order) (kc). (Entered: 10/19/2020)
9/22/2020
  • Standing Order
Standing Order Regarding Notice of Readiness In Patent Cases. Signed by Judge Alan D Albright. (lad) (Entered: 10/28/2020)