TaKaDu Ltd. v. Innovyze LLC

1:21-cv-00291 | Delaware District Court

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Division Wilmington
Judge Judge Richard G. Andrews
Filed Feb. 25, 2021
Terminated July 25, 2023
Case Flags CLOSED, DISCOVERY-SRF, and PATENT
Magistrate Judge Sherry R. Fallon
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
Last Updated: 1 year, 1 month ago Show Interactive Timeline
Filing Date # Docket Text
7/26/2023
  • Motion to SealGranted
ORDER Granting 168 MOTION to Seal and Redact. Signed by Judge Richard G. Andrews on 7/26/2023. (nms) (Entered: 07/26/2023)
7/25/2023Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,920,983; 8,341,106; 9,053,519; 9,568,392. (Attachments: # 1 Order)(nms) (Entered: 07/25/2023)
7/25/2023
  • Motion to Dismiss (Demurrer)Granted
SO ORDERED Granting 176 Stipulation of Dismissal with Prejudice (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 7/25/2023. (nms) (Entered: 07/25/2023)
7/25/2023
  • Motion to Dismiss (Demurrer)by Π
STIPULATION of Dismissal by TaKaDu Ltd.. (Golden, Ronald) (Entered: 07/25/2023)
7/18/2023NOTICE OF SERVICE of Notice of Asserted Patent Claims filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 07/18/2023)
7/13/2023REDACTED VERSION of 169 Exhibit to a Document by Innovyze LLC. (Wilson, Samantha) (Entered: 07/13/2023)
7/13/2023REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # 169 . (nms) (Entered: 07/13/2023)
7/5/2023REDACTED VERSION of 130 Notice of Subpoena, by TaKaDu Ltd.. (Golden, Ronald) Modified on 7/6/2023 (nms). (Entered: 07/05/2023)
7/5/2023REDACTED VERSION of 129 Notice of Subpoena, by TaKaDu Ltd.. (Golden, Ronald) Modified on 7/6/2023 (nms). (Entered: 07/05/2023)
7/5/2023REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of redacted versions of DI # 129 and 130 . (nms) (Entered: 07/05/2023)
7/5/2023CORRECTING ENTRY: The main pdf for D.I. 168 has been replaced at counsel's request. Citation corrections as well as other edits have been made. The NEF for the filing has been regenerated. (nms) (Entered: 07/05/2023)
6/30/2023 DECLARATION of Jeffrey Kaban re 168 MOTION to Seal and Redact, by Innovyze LLC. (Wilson, Samantha) Modified on 7/5/2023 (nms). (Entered: 06/30/2023)
6/30/2023REDACTED VERSION of 132 Notice of Service, by TaKaDu Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Golden, Ronald) (Entered: 06/30/2023)
6/30/2023[SEALED] Exhibits 3-4 to 168 MOTION to Seal and Redact, by Innovyze LLC. (Wilson, Samantha) Modified on 6/30/2023 (nms). (Entered: 06/30/2023)
6/30/2023
  • Motion to Seal
MOTION to Seal and Redact - filed by Innovyze LLC. (Attachments: # 1 Proposed Order, # 2 Exhibits 1, 2 and 5)(Wilson, Samantha) Modified on 6/30/2023 (nms). (Main Document 168 replaced on 7/5/2023) (nms). (Entered: 06/30/2023)
6/30/2023
  • OrderGranted
SO ORDERED Granting 166 Stipulation and Proposed Order Regarding Amended Schedule (Set Deadlines: Status Report due by 10/6/2023). Signed by Judge Richard G. Andrews on 6/30/2023. (nms) (Entered: 06/30/2023)
6/30/2023
  • Motionby Π
STIPULATION and [Proposed] Order Regarding Amended Schedule by TaKaDu Ltd.. (Golden, Ronald) (Entered: 06/30/2023)
6/29/2023REDACTED VERSION of 137 Letter, by TaKaDu Ltd.. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) Modified on 6/29/2023 (nms). (Entered: 06/29/2023)
6/29/2023Remark: Exhibits B and C have been added to D.I. 161 per the Order at D.I. 164 . (nms) (Entered: 06/29/2023)
6/29/2023164
  • Order
ORAL ORDER: The two-page Declaration in support of the redactions (D.I. 162 ) to Exhibits B and C to D.I. 142 is completely insufficient. It seeks to completely redact nearly 400 pages of depositions of two individuals. Exhibits B and C are UNSEALED. Ordered by Judge Richard G. Andrews on 6/29/2023. (nms) (Entered: 06/29/2023)
6/29/2023SO ORDERED Granting 159 STIPULATION to Extend Time to file public versions of Notices (D.I. 129, 130, and 132) to June 30, 2023. Signed by Judge Richard G. Andrews on 6/29/2023. (nms) (Entered: 06/29/2023)
6/29/2023DEFICIENCY NOTICE by the Court issued to TaKaDu Ltd. re 160 Redacted Document. Upon review it was determined the redacted filing submitted at D.I. 160 was not a complete representation of what was submitted at D.I. 137 (Exhibit A was missing). Counsel is to refile a complete redaction for D.I. 137 . (nms) (Entered: 06/29/2023)
6/29/2023163
  • Order
ORAL ORDER: The Court read the Joint Status Report. (D.I. 156 ). The Courts preliminary view over the dispute about claim 30 of the 106 patent is that if it is very similar in substance to claim 1 of that patent, I wonder what the good cause is for bringing it back into the case. Ordered by Judge Richard G. Andrews on 6/29/2023. (nms) (Entered: 06/29/2023)
6/28/2023 DECLARATION of Jeffrey Kaban re 161 Redacted Document, by Innovyze LLC. (Wilson, Samantha) Modified on 6/29/2023 (nms). (Entered: 06/28/2023)
6/28/2023REDACTED VERSION of 142 Letter, by TaKaDu Ltd.. (Brauerman, Stephen) (Additional attachment(s) added on 6/29/2023: # 1 Exhibits 1-2 (formally B and C) (nms). (Attachment 1 replaced on 7/26/2023) (nms). Modified on 7/26/2023 (nms). (Entered: 06/28/2023)
6/28/2023REDACTED VERSION of 137 Letter by TaKaDu Ltd.. (Brauerman, Stephen) (Entered: 06/28/2023)
6/28/2023 STIPULATION to Extend Time to file public versions of Notices (D.I. 129, 130, and 132) to June 30, 2023 - filed by Innovyze LLC. (Wilson, Samantha) Modified on 6/29/2023 (nms). (Entered: 06/28/2023)
6/28/2023REDACTED VERSION of 141 Letter by Innovyze LLC. (Wilson, Samantha) (Entered: 06/28/2023)
6/28/2023REDACTED VERSION of 138 Letter, by Innovyze LLC. (Attachments: # 1 Exhibits 1-6)(Wilson, Samantha) Modified on 6/29/2023 (nms). (Entered: 06/28/2023)
6/28/2023CORRECTING ENTRY: The stipulation filed at D.I. 155 on 6/27/2023, has been removed from the docket per counsel's request. The filing was inadvertently made. (nms) (Entered: 06/28/2023)
6/27/2023Joint Status Report Regarding Case Narrowing, by Innovyze LLC. (Wilson, Samantha) Modified on 6/28/2023 (nms). (Entered: 06/27/2023)
6/23/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Final Invalidity Contentions filed by Innovyze LLC.(Wilson, Samantha) (Entered: 06/23/2023)
6/21/2023SO ORDERED- re 153 STIPULATION to Extend Time to file public versions of Notices (D.I. 129, 130, and 132) and the letters (D.I. 137-138 and 141-142) to June 28, 2023. Signed by Judge Sherry R. Fallon on 6/21/2023. (lih) (Entered: 06/21/2023)
6/20/2023 STIPULATION to Extend Time to file public versions of Notices (D.I. 129, 130, and 132) and the letters (D.I. 137-138 and 141-142) to June 28, 2023 - filed by Innovyze LLC. (Wilson, Samantha) Modified on 6/21/2023 (nms). (Entered: 06/20/2023)
6/16/2023SO ORDERED- re 148 STIPULATION TO EXTEND TIME to file public versions of Plaintiff's Notices (D.I. 129, 130, and 132) and the parties' letters to Judge Fallon (D.I. 137-138 and 141-142) to June 21, 2023. Signed by Judge Sherry R. Fallon on 6/16/2023. (lih) (Entered: 06/16/2023)
6/15/2023 NOTICE of Withdrawal of Subpoena to City of Norman by TaKaDu Ltd. (Golden, Ronald) (Entered: 06/15/2023)
6/15/2023 NOTICE of Withdrawal of Subpoena to City of Lawton by TaKaDu Ltd. (Golden, Ronald) (Entered: 06/15/2023)
6/15/2023 NOTICE of Withdrawal of Subpoena to City of Savannah by TaKaDu Ltd. (Golden, Ronald) (Entered: 06/15/2023)
6/15/2023 NOTICE of Withdrawal of Subpoena to Hazen & Sawyer, by TaKaDu Ltd.. (Golden, Ronald) Modified on 6/16/2023 (Entered: 06/15/2023)
6/15/2023 STIPULATION to Extend Time to file public versions of notices (D.I. 129, 130, and 132) and letters to Judge Fallon (D.I. 137-138 and 141-142) to June 21, 2023 - filed by Innovyze LLC. (Wilson, Samantha) Modified on 6/16/2023 (nms). (Entered: 06/15/2023)
6/14/2023NOTICE OF SERVICE of 1) Defendant Innovyze LLC's Supplemental Responses and Objections to Interrogatories Nos. 1-5, 7, 8, and 11 of Plaintiff's First Set of Interrogatories; and 2) Defendant Innovyze LLC's Supplemental Responses and Objections to Interrogatories Nos. 17 and 19 of Plaintiff's Second Set of Interrogatories filed by Innovyze LLC.(Wilson, Samantha) (Entered: 06/14/2023)
6/13/2023 NOTICE of Change of Law Firm Name regarding Meister Seelig & Fein PLLC, by TaKaDu Ltd.. (Golden, Ronald) Modified on 6/13/2023 (nms). (Entered: 06/13/2023)
6/13/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Responses and Objections to Plaintiff TaKaDu Ltd.'s First Set of Requests for Admission (Nos. 1-30) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 06/13/2023)
6/12/2023NOTICE OF SERVICE of Plaintiff TaKadu Ltd.'s First Set of Objections and Responses to Defendant Innovyze LLC's Interrogatories Nos. 22-25 and Objections and Responses to Defendant Innovyze's First Set of Requests for Admission Nos. 1-30 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 06/12/2023)
6/12/2023143
  • OrderDenied
ORAL ORDER re 137 Letter; 138 Letter: The Court having considered the parties' discovery dispute letter submissions (D.I.137 ; D.I. 138; D.I. 141; D.I. 142), IT IS ORDERED that: (1) Plaintiff's motion to extend the fact discovery deadline until July 10, 2023 for purposes of serving and enforcing thirty-six third-party subpoenas on Defendant's customers is DENIED. First, the issue is not properly brought as a discovery dispute. See TwinStrand Biosciencies, Inc. v. Guardant Health, Inc., C.A. No. 21-1126-GBW-SRF, D.I. 281 (D. Del. Apr. 18, 2023) (denying motion to amend schedule raised as a discovery dispute). Setting aside the procedural defect, the court finds that based on the imminent close of fact discovery on June 13, the sufficiency of the parties' cross-briefing of the issue, and the completeness of the record, denial of the requested extension is also warranted on the merits because Plaintiff has failed to establish good cause for the extension. Rule 16(b)(4) provides that "[a] schedule may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). This inquiry focuses on the diligence of the party seeking the modification of the scheduling order. See Personal Audio, LLC v. Google LLC, C.A. No. 17-1751-CFC, 2023 WL 3582681, at *3 (D. Del. May 22, 2023). Plaintiff points to a letter dated April 21, 2023 following up on alleged deficiencies in Defendant's October 13, 2022 responses to Request for Production Nos. 30, 31, and 32, which seek information on sales and licensing of the Accused Systems but do not request a customer list. (D.I. 137, Ex. A at 4) This shows that Plaintiff waited six months to address the alleged deficiencies and does not support a finding of diligence. Plaintiff specifically sought the identification of Defendant's customers in Interrogatory No. 11 served in February of 2023. (D.I. 138, Ex. 3 at 35) On March 20, 2023, Defendant responded that the interrogatory was overbroad, but it was willing to meet and confer on the matter. (Id. at 36) Despite the approaching fact discovery deadline, Plaintiff did not raise a deficiency regarding the response to Interrogatory No. 11 in its April 21 letter, and a meet and confer on the customer list issue did not occur until May 11, 2023. (D.I. 137 at 1; D.I. 141 at 2) Moreover, the Court finds that the requested extension of the fact discovery deadline to July 10 is short-sighted. Plaintiff's representation that responses to thirty-six subpoenas can be completed by July 10, when only nine of those subpoenas have been served to date, does not take into account the risk of disruption to the balance of the scheduling order. Specifically, Plaintiff does not acknowledge the possibility that the subpoenaed parties may engage in motion practice, or that the responses to the subpoenas may require supplementation of the parties' existing contentions and/or the expert reports. (2) Defendant's motion for a protective order regarding Plaintiff's third-party subpoenas of Defendant's customers is DENIED as moot. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for June 13, 2023 at 8:30 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 6/12/2023. (lih) (Entered: 06/12/2023)
6/12/2023CORRECTING ENTRY: D.I. 129 , 130 , 132 , and 137 have been temporarily placed under seal per counsel's request. (nms) Modified on 6/12/2023 (nms). (Entered: 06/12/2023)
6/9/2023[SEALED] Letter to The Honorable Sherry R. Fallon from Stephen B. Brauerman regarding Responsive Discovery Letter - re 138 Letter, 136 SO ORDERED,,,,, Oral Order,,,,, Set Hearings,,,,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Brauerman, Stephen) (Entered: 06/09/2023)
6/9/2023[SEALED] Letter to The Honorable Sherry R. Fallon, from Anne Shea Gaza, regarding opposition to plaintiff's extension request (D.I. 137 ). (Gaza, Anne) Modified on 6/9/2023 (nms). (Entered: 06/09/2023)
6/9/2023140
  • OrderGranted
ORAL ORDER- GRANTING 139 Letter Request. The discovery dispute motion hearing previously set in this matter for 6/14/2023 at 11:00 AM is RESCHEDULED to 6/13/2023 at 08:30 AM before Judge Sherry R. Fallon. Each side shall have thirty minutes for argument. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Sherry R. Fallon on 6/9/2023. (lih) (Entered: 06/09/2023)
6/9/2023 Letter to The Honorable Sherry R. Fallon, from Stephen B. Brauerman, regarding discovery hearing continuance. (Golden, Ronald) Modified on 6/9/2023 (nms). (Entered: 06/09/2023)
6/8/2023[SEALED] Letter to The Honorable Sherry R. Fallon, from Anne Shea Gaza, regarding Motion for Protective Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Proposed Order)(Gaza, Anne) Modified on 6/8/2023 (nms). (Entered: 06/08/2023)
6/8/2023SEALED Letter to The Honorable Sherry R. Fallon, from Stephen B. Brauerman, regarding discovery dispute. (Attachments: # 1 Exhibit A)(Brauerman, Stephen) Modified on 6/8/2023 (nms). Modified on 6/12/2023 (nms). (Entered: 06/08/2023)
6/7/2023136
  • Order
SO ORDERED- re 135 Joint Motion for Teleconference to Resolve Discovery Dispute. A Discovery Dispute Motion Hearing is set for 6/14/2023 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 6/13/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than close of business on 6/8/2023, Responsive submission due by no later than close of business on 6/9/2023). Signed by Judge Sherry R. Fallon on 6/7/2023. (lih) (Entered: 06/07/2023)
6/6/2023
  • Motion
Joint Motion for Teleconference to Resolve Discovery Dispute - filed by Innovyze LLC. Motions referred to Sherry R. Fallon.(Wilson, Samantha) Modified on 6/6/2023 (nms). (Entered: 06/06/2023)
6/5/2023NOTICE OF SERVICE of Plaintiff Takadu Ltd.'s Third Supplemental Objections and Responses to Defendant Innovyze LLC's Interrogatory No. 4, 10, and 11, Second Supplemental Objections and Responses to Interrogatory No. 14, and Fourth Supplemental Objections and Responses to Interrogatory No. 17 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 06/05/2023)
6/2/2023REDACTED VERSION of 126 Letter, by Innovyze LLC. (Wilson, Samantha) (Entered: 06/02/2023)
6/1/2023SEALED Notice of Service of Third Party Subpoenas to City of Savannah, City of Norman, City of Lawton, and Austin Utilities, filed by TaKaDu Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Golden, Ronald) Modified on 6/12/2023 (nms). (Entered: 06/01/2023)
6/1/2023SO ORDERED- re 131 STIPULATION to Extend Time to file a public version of Innovyze's opening discovery dispute letter (D.I. 126) to June 2, 2023. Signed by Judge Sherry R. Fallon on 6/1/2023. (lih) (Entered: 06/01/2023)
5/31/2023 STIPULATION to Extend Time to file a public version of Innovyze's opening discovery dispute letter (D.I. 126) to June 2, 2023 - filed by Innovyze LLC. (Wilson, Samantha) Modified on 6/1/2023 (nms). (Entered: 05/31/2023)
5/30/2023SEALED Notice of Plaintiff TakaDu Ltd.'s Notice of Subpoena to Third Party Albemarle County Service Authority, by TaKaDu Ltd.. (Attachments: # 1 Exhibit 1)(Golden, Ronald) Modified on 6/12/2023 (nms). (Entered: 05/30/2023)
5/26/2023SEALED Notice of Plaintiff Takadu Ltd.'s Notice of Subpoena to Third Parties City of Arlington; City of Fort Worth - Water Department; Trinity River Authority; and Hazen & Sawyer by TaKaDu Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Golden, Ronald) Modified on 6/12/2023 (nms). (Entered: 05/26/2023)
5/25/2023128
  • Motion to CompelGranted
ORAL ORDER re 126 Letter: The Court having reviewed the parties' discovery dispute letter submissions (D.I. 126; D.I. 127), IT IS ORDERED that: (1) Defendant's motion to compel Plaintiff to supplement its response to Interrogatory No. 4 is GRANTED-IN-PART. The record indicates that Plaintiff served its initial infringement contentions nearly a year ago, on July 22, 2022, and Defendant raised no objections on the record to the sufficiency of those contentions. (D.I. 39) Defendant's opening letter submission fails to acknowledge the service of Plaintiff's final infringement contentions on May 22, 2023. (D.I. 125) Thus, it is not apparent on the present record that Defendant lacks notice of Plaintiff's infringement contentions. Nonetheless, Plaintiff has an obligation to supplement its response to Interrogatory No. 4 under Fed. R. Civ. P. 26(e)(1). Accordingly, Plaintiff shall serve a supplemental response to Interrogatory No. 4 on or before June 5, 2023. (2) Defendant's motion to compel Plaintiff to supplement its response to Interrogatory No. 10 is GRANTED. Plaintiff's response that such discovery is the subject of an expert opinion is inadequate. Plaintiff is obligated to timely disclose comparable licenses, any facts supporting the comparability analysis, and other factual evidence supporting its reasonable royalty calculation during fact discovery. See Midwest Energy Emissions Corp. v. Arthur J. Gallagher & Co., C.A. No. 19-1334-CJB, 2022 WL 17617809, at *1 (D. Del. Dec. 7, 2022) (finding that the plaintiffs failed to timely disclose a comparable license during the fact discovery period). Rule 26 requires a party to disclose the factual bases for an initial computation of claimed damages, including but not limited to the royalty base, the appropriate royalty rate, and the factual bases supporting the application of the Georgia-Pacific factors. See TQ Delta, LLC v. Dish Network Corp. et al., C.A. No. 15-614-RGA, D.I. 543 at 13-14 (D. Del. Aug. 19, 2022). On or before June 5, 2023, Plaintiff shall supplement its response to Interrogatory No. 10 to disclose the factual information it will provide to its expert in accordance with its agreement to do so, with the understanding that the response will be further refined or supplemented by the expert's report and testimony. (D.I. 127 at 1) (3) Defendant's motion to compel Plaintiff to supplement its response to Interrogatory No. 11 is GRANTED. Plaintiff acknowledges that it has been in possession of the information necessary to complete its response to this interrogatory since May 19, 2023, when Defendant produced its list of current U.S. customers. (D.I. 127 at 1) On or before June 5, 2023, Plaintiff shall supplement its response to Interrogatory No. 11 in accordance with its agreement to do so. (Id. at 2) The supplemental response shall state the factual bases for Plaintiff's contention that it is entitled to lost profits and identify any documents supporting the claim for lost profits damages. See Personal Audio, LLC v. Google LLC, C.A. No. 17-1751-CFC-CJB, 2018 WL 4502002, at *2 (D. Del. Sept. 20, 2018) (compelling supplementation of response to interrogatory on lost profits). (4) Defendant's motion to compel Plaintiff to supplement its response to Interrogatory No. 17 is GRANTED, consistent with Plaintiff's agreement to supplement its response. (D.I. 127 at 2) The supplemental response to Interrogatory No. 17 shall be served on or before June 5, 2023. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for May 31, 2023 at 11:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 5/25/2023. (lih) (Entered: 05/25/2023)
5/25/2023NOTICE: Per Magistrate Judge Fallon's discovery dispute procedures, which requires delivery of discovery dispute courtesy copies within one hour of filing, please submit to the Clerk's Office two copies of D.I. # 127 . (lih) (Entered: 05/25/2023)
5/25/2023Letter to The Honorable Sherry R. Fallon, from Stephen B. Brauerman, regarding discovery dispute over interrogatory Nos. 4, 10,11, and 17. (Brauerman, Stephen) Modified on 5/25/2023 (nms). (Entered: 05/25/2023)
5/24/2023[SEALED] Letter to The Honorable Sherry R. Fallon, from Samantha G. Wilson, regarding discovery dispute regarding request to compel. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Wilson, Samantha) Modified on 5/24/2023 (nms). (Entered: 05/24/2023)
5/22/2023NOTICE OF SERVICE of Plaintiff Takadu Ltd.'s Final Infringement Contentions with Appendices A-C and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/22/2023)
5/19/2023NOTICE OF SERVICE of Plaintiff Takadu Ltd.'s Third Supplemental Objections And Response To Defendant Innovyze LLC's Interrogatory No. 9 and this Notice of Service filed by TaKaDu Ltd..(Brauerman, Stephen) (Entered: 05/19/2023)
5/18/2023AMENDED Notice to Take Deposition of Amir Peleg on June 6, 2023, beginning at 9:00 a.m. ET, filed by Innovyze LLC.(Wilson, Samantha) Modified on 5/19/2023 (nms). (Entered: 05/18/2023)
5/18/2023
  • OrderGranted
SO ORDERED Granting 121 Stipulation and Proposed Order Regarding Amended Schedule. Signed by Judge Richard G. Andrews on 5/18/2023. (nms) (Entered: 05/18/2023)
5/18/2023
  • Motionby Π
STIPULATION and [Proposed] Order Regarding Amended Schedule by TaKaDu Ltd.. (Golden, Ronald) (Entered: 05/18/2023)
5/18/2023120
  • Order
SO ORDERED- re 119 MOTION for Teleconference to Resolve Discovery Disputes. A Discovery Disupte Motion Hearing is set for 5/31/2023 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The plaintiff should obtain court reporting services for the conference, with the cost to be shared equally between both sides. No later than 5/30/2023 at 11:00 a.m., the parties shall send a joint email to Larisha_Hicks@ded.uscourts.gov containing (i) the name of the court reporter; (ii) the name of the court reporting agency; and (iii) confirmation that the court reporter has been provided with the court's AT&T dial-in information. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 5/24/2023, Responsive submission due by no later than 11:00 AM on 5/25/2023). Signed by Judge Sherry R. Fallon on 5/18/2023. (lih) (Entered: 05/18/2023)
5/18/2023
  • Motion
MOTION for Teleconference to Resolve Discovery Disputes - filed by Innovyze LLC. Motions referred to Sherry R. Fallon.(Wilson, Samantha) Modified on 5/18/2023 (nms). (Entered: 05/18/2023)
5/17/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Third Supplemental Objections and Responses to Defendant Innovyze LLCS Interrogatory No. 17 and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/17/2023)
5/15/2023NOTICE OF SERVICE of of Supplemental Objections and Responses to Interrogatories with Exhibits E and F filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/15/2023)
5/13/2023NOTICE OF SERVICE of First Set of Requests for Admission filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/13/2023)
5/5/2023NOTICE OF SERVICE of Supplemental Objections and Responses to Interrogatories with Exhibits A-D filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/05/2023)
5/3/2023Pro Hac Vice Attorney Michael J. DeStefano for Innovyze LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 05/03/2023)
5/3/2023NOTICE to Take Deposition of Roger Ro (30(b)(1) on May 22, 2023 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/03/2023)
5/2/2023NOTICE OF SERVICE of 1) Defendant Innovyze's First Amended Rule 26(a)(1) Initial Disclosures; and 2) Defendant Innovyze LLC's Responses and Objections to Plaintiff's Second Set of Interrogatories (Nos. 13-19) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 05/02/2023)
5/1/2023NOTICE OF SERVICE of Defendant Innovyze LLC's First Set of Email Production Requests filed by Innovyze LLC.(Wilson, Samantha) (Entered: 05/01/2023)
5/1/2023NOTICE OF SERVICE of 1) Defendant Innovyze LLC's Notice of Subpoena to Testify at a Deposition in a Civil Action to Amitai Armon; 2) Defendant Innovyze LLC's Notice of Subpoena to Testify at a Deposition in a Civil Action to Chaim Linhart; and 3) Defendant Innovyze LLC's Notice of Subpoena to Testify at a Deposition in a Civil Action to Lilach Bien filed by Innovyze LLC.(Wilson, Samantha) (Entered: 05/01/2023)
4/26/2023AMENDED Notice to Take Deposition of Dan Zehavi on May 16, 2023, filed by Innovyze LLC.(Wilson, Samantha) Modified on 4/27/2023 (nms). (Entered: 04/26/2023)
4/26/2023AMENDED Notice to Take Deposition of Haggai Scolnicov on May 30, 2023, filed by Innovyze LLC.(Wilson, Samantha) Modified on 4/27/2023 (nms). (Entered: 04/26/2023)
4/26/2023NOTICE to Take Deposition of Nathan Gertz on May 9, 2023 beginning at 9:30 a.m. (MDT) filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/26/2023)
4/26/2023NOTICE to Take Deposition of Dr. John Stephen on May 1, 2023 beginning at 8:00 a.m. filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/26/2023)
4/24/2023
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 106 MOTION for Pro Hac Vice Appearance of Attorney Michael J. DeStefano, Esq., filed by Innovyze LLC. Signed by Judge Richard G. Andrews on 4/24/2023. (nms) (Entered: 04/24/2023)
4/24/2023
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Michael J. DeStefano, Esquire - filed by Innovyze LLC. (Wilson, Samantha) (Entered: 04/24/2023)
4/20/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Responses and Objections to Plaintiff TaKaDu Ltd.'s First Set of Email Production Requests (1-8) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 04/20/2023)
4/11/2023
  • OrderGranted
SO ORDERED Granting 100 Stipulation and Proposed Order Regarding Amended Schedule. Signed by Judge Richard G. Andrews on 4/11/2023. (nms) (Entered: 04/11/2023)
4/10/2023NOTICE to Take Deposition of Peter McIntosh (30(b)(1)) Amended on May 10, 2023 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/10/2023)
4/10/2023NOTICE to Take Deposition of Colby Manwaring (30(b)(1)) Amended on May 8, 2023 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/10/2023)
4/10/2023NOTICE to Take Deposition of Jason Humm (30(b)(1)) Amended on April 24, 2023 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/10/2023)
4/5/2023
  • Motionby Δ
STIPULATION and [Proposed] Order Regarding Amended Schedule by Innovyze LLC. (Wilson, Samantha) (Entered: 04/05/2023)
4/3/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Objections and Responses to Defendant Innovyze LLC's Third Set of Interrogatories (Nos. 15-21) and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 04/03/2023)
4/3/2023This case is no longer referred to Chief Magistrate Judge Mary Pat Thynge. The case is now REFERRED to Magistrate Judge Sherry R. Fallon to handle all discovery disputes including any that arise in connection with expert reports. (nms) (Entered: 04/03/2023)
3/30/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s First Set of Email Production Requests to Defendant Innovyze LLC and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 03/30/2023)
3/30/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Second Set of Interrogatories (Nos. 13-19) to Defendant Innovyze LLC and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 03/30/2023)
3/30/2023
  • OrderGranted
SO ORDERED Granting 95 Stipulation and Proposed Order Regarding Amended Schedule. Signed by Judge Richard G. Andrews on 3/30/2023. (nms) (Entered: 03/30/2023)
3/30/2023
  • Motionby Π
STIPULATION and [Proposed] Order Regarding Amended Schedule by TaKaDu Ltd.. (Golden, Ronald) (Entered: 03/30/2023)
3/29/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Responses and Objections to TaKaDu Ltd.'s Amended 30(b)(6) Notice of Deposition filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/29/2023)
3/29/2023NOTICE to Take Deposition of Dan Zehavi on May 2, 2023, beginning at 9:00 A.M. filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/29/2023)
3/28/2023NOTICE OF SERVICE of 1) Innovyze's Notice of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action to KYPipe LLC, and 2) Innovyze's Notice of Subpoena to Testify at a Deposition in a Civil Action to KYPipe LLC filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/28/2023)
3/24/2023
  • Motion for Claim Construction
CLAIM CONSTRUCTION ORDER. Signed by Judge Richard G. Andrews on 3/24/2023. (nms) (Entered: 03/24/2023)
3/24/2023 PROPOSED Claim Construction Order, by TaKaDu Ltd.. (Golden, Ronald) Modified on 3/24/2023 (nms). (Entered: 03/24/2023)
3/23/2023SO ORDERED, re 89 STIPULATION and Proposed Order to Extend Time to submit a proposed order consistent with the Court's Memorandum Opinion (D.I. 86) to March 24, 2023. Signed by Judge Richard G. Andrews on 3/23/2023. (nms) (Entered: 03/23/2023)
3/22/2023 STIPULATION and Proposed Order to Extend Time to submit a proposed order consistent with the Court's Memorandum Opinion (D.I. 86) to March 24, 2023 - filed by Innovyze LLC. (Wilson, Samantha) Modified on 3/23/2023 (nms). (Entered: 03/22/2023)
3/21/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Responses & Objections to Plaintiff's First Set of Interrogatories (1-12) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/21/2023)
3/20/2023NOTICE OF SERVICE of Objections and Responses to Defendant Innovyze LLCs Rule 30(b)(6) Notice of Deposition filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 03/20/2023)
3/17/2023MEMORANDUM OPINION: Providing claim construction for multiple terms in U.S. Patent No. 7,920,983, U.S. Patent No. 8,341,106, and U.S. Patent No. 9,053,519. Within five days the parties shall submit a proposed order consistent with this Memorandum Opinion. Signed by Judge Richard G. Andrews on 3/17/2023. (lah) (Entered: 03/17/2023)
3/15/2023NOTICE OF SERVICE of Notices of Subpoena to Bentley Systems, Inc. and DHI Water & Environment, Inc., filed by Innovyze LLC.(Wilson, Samantha) Modified on 3/16/2023 (nms). (Entered: 03/15/2023)
3/15/2023NOTICE to Take Deposition of Lilach Bien filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/15/2023)
3/15/2023NOTICE to Take Deposition of Haggai Scolnicov filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/15/2023)
3/15/2023NOTICE to Take Deposition of Amital Armon filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/15/2023)
3/15/2023NOTICE to Take Deposition of Amir Peleg filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/15/2023)
3/15/2023NOTICE to Take Deposition of Chaim Linhart filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/15/2023)
3/15/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Second Supplemental Objections and Responses to Defendant Innovyze LLC's First Set of Interrogatories Nos. 2, 3, 4, 6, 9, and 12, and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 03/15/2023)
3/7/2023NOTICE OF SERVICE of Defendant Innovyze LLC's Third Set of Interrogatories (Nos. 15-21) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 03/07/2023)
3/7/2023Official Transcript of Markman Hearing held on 2/22/23 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/28/2023. Redacted Transcript Deadline set for 4/10/2023. Release of Transcript Restriction set for 6/5/2023. (Triozzi, Heather) (Entered: 03/07/2023)
3/6/2023NOTICE to Take Deposition of Peter McIntosh (30(b)(1)) on April 24, 2023 filed by TaKaDu Ltd..(Brauerman, Stephen) (Entered: 03/06/2023)
3/6/2023NOTICE to Take Deposition of Jason Humm (30(b)(1)) on April 20, 2023 filed by TaKaDu Ltd..(Brauerman, Stephen) (Entered: 03/06/2023)
3/6/2023NOTICE to Take Deposition of Colby Manwaring (30(b)(1)) on April 18, 2023 filed by TaKaDu Ltd..(Brauerman, Stephen) (Entered: 03/06/2023)
3/3/2023NOTICE to Take Deposition of TaKaDu Ltd. on April 6, 2023 filed by Innovyze LLC. (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 03/03/2023)
2/28/2023 Letter to The Honorable Richard G. Andrews, from Samantha G. Wilson, regarding Plaintiff's proposed construction of "statistical deviation." (Wilson, Samantha) Modified on 3/1/2023 (nms). (Entered: 02/28/2023)
2/28/2023 NOTICE of Lodging of PowerPoint slides used during claim construction hearing, by TaKaDu Ltd. (Attachments: # 1 Exhibit 1)(Golden, Ronald) Modified on 3/1/2023 (nms). (Entered: 02/28/2023)
2/27/2023 NOTICE of of Lodging of Claim Construction Slides by Innovyze LLC (Attachments: # 1 Exhibit A)(Wilson, Samantha) (Entered: 02/27/2023)
2/24/2023NOTICE to Take Deposition of a 30(B)(6) Representative of Innovyze LLC on March 28, 2023 at 9:30 a.m. filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 02/24/2023)
2/23/2023 Letter to The Honorable Richard G. Andrews, from Ronald P. Golden III, regarding claim construction. (Attachments: # 1 Exhibit 1)(Golden, Ronald) Modified on 2/23/2023 (nms). (Entered: 02/23/2023)
2/22/2023Minute Entry for proceedings held before Judge Richard G. Andrews - Markman Hearing held on 2/22/2023. Counsel for Plaintiff: S. Brauerman. Counsel for Defendant: A. Gaza, S. Wilson. Plaintiff shall submit their letter by COB on 2/23/2023. (Court Reporter Heather Triozzi.) (lah) (Entered: 02/22/2023)
2/16/2023NOTICE to Take Deposition of Innovyze LLC (Fed. R. Civ. P. 30(b)(6)) on March 28, 2022 filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 02/16/2023)
2/9/2023NOTICE OF SERVICE of First Set of Interrogatories to Defendant Innovyze LLC (Nos. 1-12) filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 02/09/2023)
2/6/2023
  • Motion for Claim ConstructionGranted
SO ORDERED Granting 62 Joint Motion for Claim Construction Hearing. Signed by Judge Richard G. Andrews on 2/6/2023. (nms) (Entered: 02/06/2023)
2/6/2023CORRECTING ENTRY: The appendix filed as an attachment to the brief at D.I. 63 has been removed. Briefs and appendices are to be filed independent of each other. (nms) (Entered: 02/06/2023)
2/6/2023Motions No Longer Referred: D.I. 62 Joint Motion for Claim Construction Hearing, incorrectly referred to Magistrate Judge in error by CM/ECF. (nms) (Entered: 02/06/2023)
2/3/2023Joint Appendix re 63 Joint Claim Construction Brief, by TaKaDu Ltd.. (Golden, Ronald) Modified on 2/6/2023 (nms). (Entered: 02/03/2023)
2/3/2023 JOINT Claim Construction Brief, filed by TaKaDu Ltd.. (Golden, Ronald) Modified on 2/6/2023 (nms). (Entered: 02/03/2023)
2/3/2023Joint Motion for Claim Construction Hearing - filed by TaKaDu Ltd..(Golden, Ronald) Modified on 2/6/2023 (nms). Modified on 2/6/2023 (nms). (Entered: 02/03/2023)
2/3/2023NOTICE OF SERVICE of 1) Defendant Innovyze LLC's Sur-Reply Claim Construction Brief, and 2) Declaration of Kyle D. Friedland in Support of Innovyze LLC's Sur-Reply Claim Construction Brief filed by Innovyze LLC.(Wilson, Samantha) (Entered: 02/03/2023)
1/23/2023NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Reply Claim Construction Brief, Declaration of Robert P. Feinland with Exhibits L-O, Declaration of Cory J. Plock, PH.D. with Exhibit 1, and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 01/23/2023)
1/17/2023NOTICE OF SERVICE of 1) Defendant Innovyze LLC's Answering Claim Construction Brief, 2) Declaration of Kyle D. Friedland in Support of Innovyze LLC's Answering Claim Construction Brief, and 3) Declaration of Harri K. Kytoma in Support of Innovyze LLC's Answering Claim Construction Brief filed by Innovyze LLC.(Wilson, Samantha) (Entered: 01/17/2023)
12/7/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Opening Claim Construction Brief, Declaration of Robert P. Feinland with Exhibits A-K, and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 12/07/2022)
12/1/2022Joint Claim Construction Chart, by TaKaDu Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Golden, Ronald) Modified on 12/2/2022 (nms). (Entered: 12/01/2022)
11/29/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Proposed Claim Constructions filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 11/29/2022)
11/29/2022NOTICE OF SERVICE of Defendant Innovyze LLC's Proposed Claim Terms for Construction and Proposed Constructions filed by Innovyze LLC.(Wilson, Samantha) (Entered: 11/29/2022)
11/21/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Second Amended Initial Infringement Contentions filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 11/21/2022)
11/16/2022
  • Motion to Extend Time
SO ORDERED, re 53 STIPULATION and Proposed Order to Extend Time. Signed by Judge Richard G. Andrews on 11/16/2022. (nms) (Entered: 11/16/2022)
11/16/2022 STIPULATION and Proposed Order to Extend Time - filed by TaKaDu Ltd.. (Golden, Ronald) Modified on 11/16/2022 (nms). (Entered: 11/16/2022)
11/14/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Objections and Responses Defendant Innoyze LLC's Second Set of Interrogatories (Nos. 13-14) and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 11/14/2022)
11/11/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Supplemental Objections and Responses Defendant Innoyze LLC's First Set of Interrogatories (Nos. 1-12) and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 11/11/2022)
11/4/2022NOTICE OF SERVICE of Defendant Innovyze LLC's Proposed Claim Terms/Phrases for Construction filed by Innovyze LLC.(Wilson, Samantha) (Entered: 11/04/2022)
10/28/2022Pro Hac Vice Attorney Kyle D. Friedland for Innovyze LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 10/28/2022)
10/28/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 49 MOTION for Pro Hac Vice Appearance of Attorney Kyle D. Friedland, filed by Innovyze LLC. Signed by Judge Richard G. Andrews on 10/28/2022. (nms) (Entered: 10/28/2022)
10/28/2022
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Kyle D. Friedland - filed by Innovyze LLC. (Wilson, Samantha) (Entered: 10/28/2022)
10/19/2022
  • Order
SO ORDERED, re 48 Stipulation and Proposed Order Regarding Amended Schedule as to certain claim construction deadlines. Signed by Judge Richard G. Andrews on 10/19/2022. (nms) (Entered: 10/19/2022)
10/19/2022
  • Motionby Δ
STIPULATION and [Proposed] Order Regarding Amended Schedule by Innovyze LLC. (Wilson, Samantha) (Entered: 10/19/2022)
10/17/2022NOTICE OF SERVICE of Objections and Responses to Defendant Innovyze LLCs First Set of Requests for Production of Documents and Objections and Responses to Defendant Innoyze LLCs First Set of Interrogatories (Nos. 1-12) filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 10/17/2022)
10/17/2022NOTICE OF SERVICE of 1) Defendant Innovyze LLC's Initial Invalidity Contentions; and 2) Defendant Innovyze LLC's Second Set of Interrogatories (Nos. 13, 14) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 10/17/2022)
10/14/2022NOTICE OF SERVICE of Defendant Innovyze LLC's Responses & Objections to TaKaDu's First Set of Requests for Production and Things (1-64) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 10/14/2022)
9/16/2022NOTICE OF SERVICE of 1) Defendant Innovyze LLC's First Set of Interrogatories (Nos. 1-12), and 2) Defendant Innovyze LLC's First Set of Requests for Production (Nos. 1-67) filed by Innovyze LLC.(Wilson, Samantha) (Entered: 09/16/2022)
9/13/2022NOTICE OF SERVICE of Plaintiff Takadu Ltd.s First Set of Requests for Production of Documents and Things to Defendant Innovyze LLC and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 09/13/2022)
9/12/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Amended Initial Infringement Contentions with Appendices A-D and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 09/12/2022)
8/19/2022
  • OrderGranted
SO ORDERED Granting 40 Stipulation and Proposed Order Regarding Case Narrowing and Amended Schedule (*Reset Deadlines: Joint Claim Construction Brief due by 2/3/2023). Signed by Judge Richard G. Andrews on 8/19/2022. (nms) (Entered: 08/19/2022)
8/19/2022 STIPULATION Regarding Case Narrowing and Amended Schedule by Innovyze LLC. (Gaza, Anne) (Entered: 08/19/2022)
7/22/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Initial Infringement Contentions with Appendices A-D and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 07/22/2022)
7/13/2022
  • Motion to Extend Time
SO ORDERED, re 38 Stipulation and Proposed Order to Extend Time. Signed by Judge Richard G. Andrews on 7/13/2022. (nms) (Entered: 07/13/2022)
7/13/2022
  • Motion to Extend Timeby Π
STIPULATION and [Proposed] Order to Extend Time for Plaintiff to Serve Its Initial Infringement Contentions to July 22, 2022 by TaKaDu Ltd.. (Golden, Ronald) (Entered: 07/13/2022)
6/28/2022Pro Hac Vice Attorney Jason J. Poulos for TaKaDu Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) (Entered: 06/28/2022)
6/28/2022
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 37 MOTION for Pro Hac Vice Appearance of Attorney Jason J. Poulos, filed by TaKaDu Ltd.. Signed by Judge Richard G. Andrews on 6/28/2022. (nms) (Entered: 06/28/2022)
6/28/2022
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Jason J. Poulos - filed by TaKaDu Ltd.. (Golden, Ronald) (Entered: 06/28/2022)
6/27/2022NOTICE OF SERVICE of Innovyze's Disclosure of Core Technical Documents filed by Innovyze LLC.(Wilson, Samantha) (Entered: 06/27/2022)
5/18/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Disclosure of Accused Products, Damages Model, and Asserted Patents and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/18/2022)
5/18/2022
  • OrderGranted
SO ORDERED Granting 33 Discovery and ESI Stipulation and Order. Signed by Judge Richard G. Andrews on 5/18/2022. (nms) (Entered: 05/18/2022)
5/18/2022 PROPOSED Discovery and ESI Stipulation and Order, by TaKaDu Ltd.. (Golden, Ronald) Modified on 5/18/2022 (nms). (Entered: 05/18/2022)
5/11/2022
  • OrderGranted
ORDER Granting 29 UNOPPOSED Motion to Change Name of Defendant Innovyze, Inc. to Innovyze LLC. Signed by Judge Richard G. Andrews on 5/11/2022. (nms) (Entered: 05/11/2022)
5/11/2022NOTICE OF SERVICE of Defendant Innovyze's Rule 26(a)(1) Initial Disclosures filed by Innovyze, Inc..(Wilson, Samantha) (Entered: 05/11/2022)
5/11/2022NOTICE OF SERVICE of Plaintiff TaKaDu Ltd.'s Fed. R. Civ. P. 26(a)(1) Initial Disclosures and this Notice of Service filed by TaKaDu Ltd..(Golden, Ronald) (Entered: 05/11/2022)
5/11/2022Motions No Longer Referred: 29 UNOPPOSED Motion to Change Name of Defendant Innovyze, Inc. to Innovyze LLC (nms) (Entered: 05/11/2022)
5/11/2022
  • Motion
UNOPPOSED Motion to Change Name of Defendant Innovyze, Inc. to Innovyze LLC - filed by Innovyze, Inc.. (Attachments: # 1 Proposed Order).(Wilson, Samantha) Modified on 5/11/2022 (nms). (Entered: 05/11/2022)
5/2/2022
  • OrderGranted
SO ORDERED Granting 26 Stipulated Proposed Protective Order. Signed by Judge Richard G. Andrews on 5/2/2022. (nms) (Entered: 05/02/2022)
4/29/2022NOTICE requesting Clerk to remove Andrea L. Scripa as co-counsel.. (Wilson, Samantha) (Entered: 04/29/2022)
4/29/2022 PROPOSED Stipulated Protective Order, by TaKaDu Ltd.. (Golden, Ronald) Modified on 5/2/2022 (nms). (Entered: 04/29/2022)
4/6/2022
  • Order
ORDER re 23 Scheduling Order: The attached procedures for discovery and protective order disputes with Judge Thynge in this matter shall replace ¶3(f) of the Scheduling Order at D.I. 23. Signed by Judge Mary Pat Thynge on 4/6/2022. (Taylor, Daniel) (Entered: 04/06/2022)
4/6/2022CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge to handle all discovery disputes including any that arise in connection with expert reports. (nms) (Entered: 04/06/2022)
4/6/202224
  • Order
ORAL ORDER: The Rule 16(b) Conference scheduled for 4/8/2022, is CANCELED. Ordered by Judge Richard G. Andrews on 4/6/2022. (nms) (Entered: 04/06/2022)
4/6/2022
  • Scheduling Order
SCHEDULING ORDER: This matter is referred to a magistrate judge to handle all discovery disputes including any that arise in connection with expert reports. Joinder of Parties due by 7/22/2022. Amended Pleadings due by 7/22/2022. Fact Discovery completed by 5/11/2023. Dispositive Motions due by 2/9/2024. Answering Brief due 2/29/2024. Reply Brief due 3/21/2024. Joint Claim Construction Brief due by 1/16/2023. A Markman Hearing is set for 2/22/2023, at 9:00 AM in Courtroom 6A. A Pretrial Conference is set for 6/14/2024, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 6/24/2024, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/6/2022. (nms) (Entered: 04/06/2022)
4/6/2022 PROPOSED Scheduling Order, by TaKaDu Ltd.. (Golden, Ronald) Modified on 4/6/2022 (nms). (Entered: 04/06/2022)
3/25/2022 Letter to The Honorable Richard G. Andrews, from Ronald P. Golden III, regarding dial-in information for teleconference scheduled for April 8, 2022. (Golden, Ronald) Modified on 3/25/2022 (nms). (Entered: 03/25/2022)
3/24/2022
  • Order
Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 4/8/2022, at 10:00 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 3/24/2022. (nms) (Entered: 03/24/2022)
3/22/2022Amended Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Autodesk Inc. for Innovyze, Inc. filed by Innovyze, Inc.. (Gaza, Anne) (Entered: 03/22/2022)
3/22/2022
  • Answerby Δ
ANSWER to 1 Complaint, with Jury Demand by Innovyze, Inc..(Gaza, Anne) (Entered: 03/22/2022)
3/8/2022
  • Motion to Dismiss (Demurrer)Denied
ORDER: Defendant's motion to dismiss (D.I. 8 ) is DENIED. Signed by Judge Richard G. Andrews on 3/8/2022. (nms) (Entered: 03/08/2022)
3/8/2022MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 3/8/2022. (nms) (Entered: 03/08/2022)
7/12/2021
  • Motion to Dismiss for Failure to State a Claimby Δ
REPLY BRIEF re 8 MOTION to Dismiss for Failure to State a Claim filed by Innovyze, Inc.. (Gaza, Anne) (Entered: 07/12/2021)
6/28/2021REQUEST for Oral Argument by TaKaDu Ltd. re 8 MOTION to Dismiss for Failure to State a Claim . (Golden, Ronald) (Entered: 06/28/2021)
6/28/2021
  • Motion to Dismiss for Failure to State a Claimby Π
ANSWERING BRIEF in Opposition re 8 MOTION to Dismiss for Failure to State a Claim filed by TaKaDu Ltd..Reply Brief due date per Local Rules is 7/6/2021. (Golden, Ronald) (Entered: 06/28/2021)
6/28/2021Pro Hac Vice Attorney Seth H. Ostrow, and Robert P. Feinland for TaKaDu Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) (Entered: 06/28/2021)
6/16/2021
  • Motion to Extend Time
SO ORDERED, re 12 STIPULATION and Proposed Order to Extend Time (*Reset Briefing Schedule: re 8 MOTION to Dismiss. Answering Brief due 6/28/2021, Reply Brief due 7/12/2021). Signed by Judge Richard G. Andrews on 6/16/2021. (nms) (Entered: 06/16/2021)
6/16/2021
  • Motion to Extend Time to File Briefby Π
STIPULATION TO EXTEND TIME for Plaintiff to File an Answering Brief in Opposition to Defendant's Motion to Dismiss (D.I. 9) to June 28, 2021 - filed by TaKaDu Ltd.. (Golden, Ronald) (Entered: 06/16/2021)
6/8/2021Pro Hac Vice Attorney Michael A. Jacobs,Kyle W.K. Mooney,Andrea L. Scripa for Innovyze, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 06/08/2021)
6/8/2021
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 11 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs, Kyle Mooney and Andrea L. Scripa, filed by Innovyze, Inc.. Signed by Judge Richard G. Andrews on 6/8/2021. (nms) (Entered: 06/08/2021)
6/7/2021
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Michael A. Jacobs, Kyle Mooney and Andrea L. Scripa - filed by Innovyze, Inc.. (Wilson, Samantha) (Entered: 06/07/2021)
6/7/2021 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Autodesk Inc. for Innovyze, Inc. filed by Innovyze, Inc.. (Gaza, Anne) (Entered: 06/07/2021)
6/7/2021 OPENING BRIEF in Support re 8 MOTION to Dismiss for Failure to State a Claim filed by Innovyze, Inc..Answering Brief/Response due date per Local Rules is 6/21/2021. (Gaza, Anne) (Entered: 06/07/2021)
6/7/2021
  • Motion to Dismiss for Failure to State a Claimby Δ
MOTION to Dismiss for Failure to State a Claim - filed by Innovyze, Inc.. (Attachments: # 1 Text of Proposed Order)(Gaza, Anne) (Entered: 06/07/2021)
5/21/2021AFFIDAVIT of Service for (a) Summons; (b) Complaint for Patent Infringement; (c) Civil Cover Sheet; (d) Notice, Consent and Referral forms re U.S. Magistrate Judge Jurisdiction; (e) Report to the Commissioner of Patents and Trademarks; and (f) Disclosure Statement pursuant to Rule 7.1 served on Kyle Mooney, Counsel for Defendant Innovyze, Inc. on May 21, 2021, filed by TaKaDu Ltd.. (Brauerman, Stephen) (Entered: 05/21/2021)
3/3/2021
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 6 MOTION for Pro Hac Vice Appearance of Attorney Seth H. Ostrow and Robert P. Feinland, filed by TaKaDu Ltd.. Signed by Judge Richard G. Andrews on 3/3/2021. (nms) (Entered: 03/03/2021)
3/3/2021Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) (Entered: 03/03/2021)
3/1/2021
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Seth H. Ostrow and Robert P. Feinland - filed by TaKaDu Ltd.. (Brauerman, Stephen) (Entered: 03/01/2021)
2/25/2021Summonses Issued (please complete the top portion of the form and print out for use/service). (kmd) (Entered: 02/26/2021)
2/25/2021 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed - filed by TaKaDu Ltd. (kmd) (Entered: 02/26/2021)
2/25/2021Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,920,983; 8,341,106; 9,053,519; 9,568,392. (kmd) (Entered: 02/26/2021)
2/25/2021Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd) (Entered: 02/26/2021)
2/25/2021
  • Complaint
COMPLAINT for Patent Infringement filed with Jury Demand against Innovyze, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3547387.) - filed by TaKaDu Ltd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(kmd) (Entered: 02/26/2021)