Judge 
Party 
Law Firm NL Giken Inc. v. Apple Inc.
1:24-cv-00013 | Delaware District Court
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Division
Wilmington
Judge
Judge Maryellen Noreika
Filed
Jan. 5, 2024
Terminated
Oct. 11, 2024
Case Flags
CLOSED
and
PATENT
Nature of Suit
830 Patent
Cause
35:1 Patent Infringement
Jury Demand
Plaintiff
Last Updated: 2 weeks ago
Show Interactive Timeline
| Upcoming Events | ||
|---|---|---|
3 Weeks
| : The Honorable Maryellen Noreika United States District Judge 13 Chart of All Relevant Deadlines EVENT Rule 26(a)(1) initial disclosures (¶ 1) Application to Court for protective order (¶ 3) Initial disclosures per the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”) Plaintiff to identify accused method(s) and/or products, its damages model, asserted patents, and produce file histories (¶ 6.a) DEADLINE 30 days following entry of schedule 30 days following entry of schedule 30 days following entry of schedule July 12, 2024 Defendant to produce core technical documents and sales figures of accused method(s) and/or products (¶ 6.b) August 23, 2024 Plaintiff to provide an initial infringement claim chart (¶ 6.c) October 4, 2024 Defendant to provide initial invalidity contentions (¶ 6.d) November 15, 2024 Defendant’s initial non-infringement contentions (D.I. 26) November 15, 2024 Plaintiff’s initial validity contentions (D.I. 26) December 20, 2024 Joinder of other parties and amendment of pleadings (¶ 2) December 20, 2024 Document production substantially complete (¶ 8.b) Exchange list of claim terms (¶ 11) Parties exchange initial proposed constructions (¶ 11) Parties to supplement identification of all accused products and of all invalidity references (¶ 14) February 13, 2025 February 18, 2025 February 28, 2025 March 3, 2025 Meet and confer regarding proposed constructions (¶ 11) March 7, 2025 Plaintiff to provide final infringement contentions and identification of accused products (¶ 6.e) Defendant to provide final invalidity contentions and identification of invalidity references (¶ 6.f) March 31, 2025 April 28, 2025 : The Honorable Maryellen Noreika United States District Judge 13 Chart of All Relevant Deadlines EVENT Rule 26(a)(1) initial disclosures (¶ 1) Application to Court for protective order (¶ 3) Initial disclosures per the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”) Plaintiff to identify accused method(s) and/or products, its damages model, asserted patents, and produce file histories (¶ 6.a) DEADLINE 30 days following entry of schedule 30 days following entry of schedule 30 days following entry of schedule July 12, 2024 Defendant to produce core technical documents and sales figures of accused method(s) and/or products (¶ 6.b) August 23, 2024 Plaintiff to provide an initial infringement claim chart (¶ 6.c) October 4, 2024 Defendant to provide initial invalidity contentions (¶ 6.d) November 15, 2024 Defendant’s initial non-infringement contentions (D.I. 26) November 15, 2024 Plaintiff’s initial validity contentions (D.I. 26) December 20, 2024 Joinder of other parties and amendment of pleadings (¶ 2) December 20, 2024 Document production substantially complete (¶ 8.b) Exchange list of claim terms (¶ 11) Parties exchange initial proposed constructions (¶ 11) Parties to supplement identification of all accused products and of all invalidity references (¶ 14) February 13, 2025 February 18, 2025 February 28, 2025 March 3, 2025 Meet and confer regarding proposed constructions (¶ 11) March 7, 2025 Plaintiff to provide final infringement contentions and identification of accused products (¶ 6.e) Defendant to provide final invalidity contentions and identification of invalidity references (¶ 6.f) March 31, 2025 April 28, 2025 EVENT DEADLINE Plaintiff to provide final validity contentions and Defendant to provide final noninfringement contentions (D.I. 26) Non-infringement: April 28, 2025 Validity: May 23, 2025 Plaintiff to provide initial election of asserted claims (¶ 7.a) May 23, 2025 Submit joint claim construction chart (¶ 11) Fact discovery cut off (¶ 8.a) Defendant to provide initial election of prior art references (¶ 7.b) Serve Plaintiff’s opening claim construction brief (20 pages) (¶ 12) May 30, 2025 June 2, 2025 June 6, 2025 June 25, 2025 Serve Defendant’s answering claim construction brief (30 pages) (¶ 12) July 18, 2025 Serve Plaintiff’s reply claim construction brief (20 pages) (¶ 12) August 1, 2025 Serve Defendant’s sur-reply claim construction brief (10 pages) (¶ 12) August 15, 2025 File joint claim construction brief (¶ 12) By April 28, 2025, Defendant shall provide final invalidity contentions. | Source Add |
7+ Weeks
| (a) By May 23, 2025, Plaintiff shall serve an initial election of asserted claims, which shall assert no more than forty (40) total asserted claims, and no more than 10 claims per patent. : The Honorable Maryellen Noreika United States District Judge 13 Chart of All Relevant Deadlines EVENT Rule 26(a)(1) initial disclosures (¶ 1) Application to Court for protective order (¶ 3) Initial disclosures per the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”) Plaintiff to identify accused method(s) and/or products, its damages model, asserted patents, and produce file histories (¶ 6.a) DEADLINE 30 days following entry of schedule 30 days following entry of schedule 30 days following entry of schedule July 12, 2024 Defendant to produce core technical documents and sales figures of accused method(s) and/or products (¶ 6.b) August 23, 2024 Plaintiff to provide an initial infringement claim chart (¶ 6.c) October 4, 2024 Defendant to provide initial invalidity contentions (¶ 6.d) November 15, 2024 Defendant’s initial non-infringement contentions (D.I. 26) November 15, 2024 Plaintiff’s initial validity contentions (D.I. 26) December 20, 2024 Joinder of other parties and amendment of pleadings (¶ 2) December 20, 2024 Document production substantially complete (¶ 8.b) Exchange list of claim terms (¶ 11) Parties exchange initial proposed constructions (¶ 11) Parties to supplement identification of all accused products and of all invalidity references (¶ 14) February 13, 2025 February 18, 2025 February 28, 2025 March 3, 2025 Meet and confer regarding proposed constructions (¶ 11) March 7, 2025 Plaintiff to provide final infringement contentions and identification of accused products (¶ 6.e) Defendant to provide final invalidity contentions and identification of invalidity references (¶ 6.f) March 31, 2025 April 28, 2025 EVENT DEADLINE Plaintiff to provide final validity contentions and Defendant to provide final noninfringement contentions (D.I. 26) Non-infringement: April 28, 2025 Validity: May 23, 2025 Plaintiff to provide initial election of asserted claims (¶ 7.a) May 23, 2025 Submit joint claim construction chart (¶ 11) Fact discovery cut off (¶ 8.a) Defendant to provide initial election of prior art references (¶ 7.b) Serve Plaintiff’s opening claim construction brief (20 pages) (¶ 12) May 30, 2025 June 2, 2025 June 6, 2025 June 25, 2025 Serve Defendant’s answering claim construction brief (30 pages) (¶ 12) July 18, 2025 Serve Plaintiff’s reply claim construction brief (20 pages) (¶ 12) August 1, 2025 Serve Defendant’s sur-reply claim construction brief (10 pages) (¶ 12) August 15, 2025 File joint claim construction brief (¶ 12) | Source Add |
8 Weeks
| Fact Discovery completed by 6/2/2025. | Source Add |
9 Weeks
| (b) By June 6, 2025, Defendant shall serve an initial election of asserted prior art references, which shall identify no more than sixty (60) total asserted prior art references, and no more than 15 references per patent. : The Honorable Maryellen Noreika United States District Judge 13 Chart of All Relevant Deadlines EVENT Rule 26(a)(1) initial disclosures (¶ 1) Application to Court for protective order (¶ 3) Initial disclosures per the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”) Plaintiff to identify accused method(s) and/or products, its damages model, asserted patents, and produce file histories (¶ 6.a) DEADLINE 30 days following entry of schedule 30 days following entry of schedule 30 days following entry of schedule July 12, 2024 Defendant to produce core technical documents and sales figures of accused method(s) and/or products (¶ 6.b) August 23, 2024 Plaintiff to provide an initial infringement claim chart (¶ 6.c) October 4, 2024 Defendant to provide initial invalidity contentions (¶ 6.d) November 15, 2024 Defendant’s initial non-infringement contentions (D.I. 26) November 15, 2024 Plaintiff’s initial validity contentions (D.I. 26) December 20, 2024 Joinder of other parties and amendment of pleadings (¶ 2) December 20, 2024 Document production substantially complete (¶ 8.b) Exchange list of claim terms (¶ 11) Parties exchange initial proposed constructions (¶ 11) Parties to supplement identification of all accused products and of all invalidity references (¶ 14) February 13, 2025 February 18, 2025 February 28, 2025 March 3, 2025 Meet and confer regarding proposed constructions (¶ 11) March 7, 2025 Plaintiff to provide final infringement contentions and identification of accused products (¶ 6.e) Defendant to provide final invalidity contentions and identification of invalidity references (¶ 6.f) March 31, 2025 April 28, 2025 EVENT DEADLINE Plaintiff to provide final validity contentions and Defendant to provide final noninfringement contentions (D.I. 26) Non-infringement: April 28, 2025 Validity: May 23, 2025 Plaintiff to provide initial election of asserted claims (¶ 7.a) May 23, 2025 Submit joint claim construction chart (¶ 11) Fact discovery cut off (¶ 8.a) Defendant to provide initial election of prior art references (¶ 7.b) Serve Plaintiff’s opening claim construction brief (20 pages) (¶ 12) May 30, 2025 June 2, 2025 June 6, 2025 June 25, 2025 Serve Defendant’s answering claim construction brief (30 pages) (¶ 12) July 18, 2025 Serve Plaintiff’s reply claim construction brief (20 pages) (¶ 12) August 1, 2025 Serve Defendant’s sur-reply claim construction brief (10 pages) (¶ 12) August 15, 2025 File joint claim construction brief (¶ 12) | Source Add |
11 Weeks
| Claim Construction Opening Brief served by 6/25/2025. | Source Add |
3 Months
| Claim Construction Answering Brief served by 7/18/2025. | Source Add |
3 Months
| Claim Construction Reply Brief served by 8/1/2025. | Source Add |
4 Months
| Claim Construction Surreply Brief served by 8/15/2025. | Source Add |
4 Months
| Joint Claim Construction Brief filed by 8/22/2025. | Source Add |
5 Months
| A Markman Hearing is set for 9/16/2025 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. | Source Add |
5 Months
| 3 (c) By September 23, 2025, Plaintiff shall serve a final election of asserted claims, which shall narrow the previously-asserted claims to no more than twenty-five (25) total asserted claims, and no more than 7 claims per patent. technology tutorial (¶ 10) August 22, 2025 Claim construction hearing September 16, 2025 at 10:00 a.m. Plaintiff to provide final election of asserted claims (¶ 7.c) September 23, 2025 Defendant to provide final election of prior art references (¶ 7.d) September 30, 2025 Opening expert reports (¶ 8.f.i) Responsive expert reports (¶ 8.f.i) Reply expert reports (¶ 8.f.i) October 7, 2025 November 4, 2025 December 9, 2025 2 | Source Add |
5 Months
| (d) By September 30, 2025, Defendant shall serve a final election of asserted prior art references, which shall narrow the previously-identified prior art references to no more than thirty-five (35) total asserted prior art references, and no more than 10 references per patent. technology tutorial (¶ 10) August 22, 2025 Claim construction hearing September 16, 2025 at 10:00 a.m. Plaintiff to provide final election of asserted claims (¶ 7.c) September 23, 2025 Defendant to provide final election of prior art references (¶ 7.d) September 30, 2025 Opening expert reports (¶ 8.f.i) Responsive expert reports (¶ 8.f.i) Reply expert reports (¶ 8.f.i) October 7, 2025 November 4, 2025 December 9, 2025 2 | Source Add |
6 Months
| Opening Expert Reports due by 10/7/2025. | Source Add |
6 Months
| Rebuttal Expert Reports due by 11/4/2025. | Source Add |
8 Months
| Reply Expert Reports due by 12/9/2025. | Source Add |
8 Months
| Expert Discovery due by 12/22/2025. | Source Add |
9 Months
| Dispositive Motions due by 1/13/2026. | Source Add |
10 Months
| Answering Brief due 2/6/2026. | Source Add |
10 Months
| Reply Brief due 2/20/2026. | Source Add |
12 Months
| A Trial Scheduling Conference is set for 4/21/2026 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. | Source Add |
14 Months
| A Pretrial Conference is set for 6/15/2026 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. | Source Add |
14 Months
| A 5-day jury Jury Trial is set for 6/22/2026 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. | Source Add |
Show 18 More Events
| Filing Date | # | Docket Text |
|---|---|---|
| 10/11/2024 | 49 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s). (Attachments: # 1 Stipulation of Dismissal)(mdb) (Entered: 10/11/2024) |
| 10/11/2024 | 48 | SO ORDERED, re 47 Stipulation of Dismissal filed by NL Giken Inc., ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 10/11/2024. (mdb) (Entered: 10/11/2024) |
| 10/11/2024 | 47 | STIPULATION of Dismissal by NL Giken Inc.. (Poff, Adam) (Entered: 10/11/2024) |
| 10/8/2024 | CORRECTING ENTRY: D.I. 46 has been modified to correct the proposed protective order deadline. (lih) (Entered: 10/08/2024) | |
| 10/7/2024 | 46 | ORAL ORDER re 35 Joint Motion for Teleconference to Resolve Protective Order Dispute. Having reviewed the parties' letter submissions (D.I. 38; D.I. 39), IT IS ORDERED that Apple's proposed prosecution bar is REJECTED. Apple seeks to bar anyone representing NL Giken who has access to Apple's confidential information in this litigation from prosecuting patent applications on behalf of any client that relate to the fields of the eight asserted patents. (D.I. 38 at 2) Apple's proposed prosecution bar, which would cover electronic devices capable of wireless communication, among other things, is significantly broader in scope than NL Giken's proposals, and Apple has not met its burden to demonstrate good cause for its more restrictive provision. See Amicus Therapeutics US, LLC v. Teva Pharms. USA, Inc., C.A. No. 22-1461-CJB, 2023 WL 5289440, at *1 (D. Del. Aug. 17, 2023). Apple generally describes a "significant risk" that NL Giken's outside counsel may misuse Apple's confidential information because that counsel "regularly participates in patent prosecution and post-grant proceedings," and counsel's clients "include other consumer electronics companies." (D.I. 38 at 3-4) But this risk is outweighed by the prejudice to NL Giken in denying it the counsel of its choice. British Telecommcns PLC v. IAC/InterActiveCorp, 330 F.R.D. 387, 391 (D. Del. 2019) (citing In re Deutsche Bank Trust Co. Ams., 605 F.3d 1373, 1380-81 (Fed. Cir. 2010)). NL Giken's competing proposal to define the fields of the asserted patents, set forth as "Option 4" in its proposed prosecution bar, summarizes certain claims of the asserted patents without capturing the breadth of confidential information already produced by Apple. (D.I. 38 at 3) Therefore, NL Giken's proposal identified as "Option 2" in the patent prosecution bar portion of its proposed protective order is ADOPTED. This proposal applies the prosecution bar to outside counsel but limits the restriction only to work performed on behalf of NL Giken. (D.I. 39, Ex. A at 5) This is consistent with the agreed-upon scope of the prosecution bar in related Civil Action No. 24-28-MN, NL Giken Inc. v. Amazon.com, Inc. (C.A. No. 24-28-MN, D.I. 40 at 5-6) On or before October 28, 2024, the parties shall submit a proposed protective order consistent with the rulings made in this Oral Order. IT IS FURTHER ORDERED that the discovery dispute teleconference scheduled for October 15, 2024 at 10:00 a.m. is CANCELLED. Ordered by Judge Sherry R. Fallon on 10/7/2024. (lih) (Entered: 10/07/2024) |
| 10/4/2024 | SO ORDERED re 45 Stipulation and Order Amending Scheduling Order (initial claim chart and initial contentions). ORDERED by Judge Maryellen Noreika on 10/4/2024. (dlw) (Entered: 10/04/2024) | |
| 10/4/2024 | 45 | STIPULATION and [Proposed] Order Amending Scheduling Order by NL Giken Inc.. (Poff, Adam) (Entered: 10/04/2024) |
| 9/16/2024 | Pro Hac Vice Attorney John W. Custer for NL Giken 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. Associated Cases: 1:24-cv-00013-MN, 1:24-cv-00028-MN(mws) (Entered: 09/16/2024) | |
| 9/16/2024 | 44 | NOTICE OF SERVICE of Plaintiff NL Giken Inc.'s First Amended Initial Disclosure of the Asserted Patents, the Accused Products, its Damages Model, and the File Histories for each Asserted Patent filed by NL Giken Inc..(Stombaugh, Alexis) (Entered: 09/16/2024) |
| 9/13/2024 | SO ORDERED re 42 MOTION for Pro Hac Vice Appearance of Attorney John W. Custer filed by NL Giken Inc. ORDERED by Judge Maryellen Noreika on 9/13/2024. (dlw) (Entered: 09/13/2024) | |
| 9/13/2024 | 43 | Pro Hac Vice Fee - Credit Card Payment received for John W. Custer. ( re 42 MOTION for Pro Hac Vice Appearance of Attorney John W. Custer )( Payment of $ 50, receipt number ADEDC-4497811).(Stombaugh, Alexis) (Entered: 09/13/2024) |
| 9/13/2024 | 42 | MOTION for Pro Hac Vice Appearance of Attorney John W. Custer - filed by NL Giken Inc.. (Stombaugh, Alexis) (Entered: 09/13/2024) |
| 9/12/2024 | SO ORDERED re 40 MOTION for Pro Hac Vice Appearance of Attorney Nishi A. Tavernier of Morrison & Foerster LLP filed by Apple Inc. ORDERED by Judge Maryellen Noreika on 9/12/2024. (dlw) (Entered: 09/12/2024) | |
| 9/12/2024 | 41 | Pro Hac Vice Fee - Credit Card Payment received for Nishi A. Tavernier. ( re 40 MOTION for Pro Hac Vice Appearance of Attorney Nishi A. Tavernier of Morrison & Foerster LLP )( Payment of $ 50, receipt number ADEDC-4496965).(Palapura, Bindu) (Entered: 09/12/2024) |
| 9/12/2024 | 40 | MOTION for Pro Hac Vice Appearance of Attorney Nishi A. Tavernier of Morrison & Foerster LLP - filed by Apple Inc.. (Palapura, Bindu) (Entered: 09/12/2024) |
| 9/4/2024 | 39 | Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Protective Order Dispute . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Poff, Adam) Modified on 9/5/2024 (lih). (Entered: 09/04/2024) |
| 9/4/2024 | 38 | Letter to The Honorable Sherry R. Fallon from Andrew M. Moshos regarding the Protective Order Dispute . (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A)(Moshos, Andrew) Modified on 9/5/2024 (lih). (Entered: 09/04/2024) |
| 8/26/2024 | 37 | SO ORDERED, re 35 Joint MOTION for Teleconference to Resolve Protective Order Dispute. A Protective Order Dispute Motion Hearing is set for 10/15/2024 at 10:00 AM before Judge Sherry R. Fallon. The court adopts the parties' proposal for each side to simultaneously submit an opening letter brief attaching their respective versions of the proposed protective order, without responsive letter briefs. (D.I. 35 at 2) The parties shall otherwise 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 10/14/2024 at 10:00 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. Because the court cannot accommodate a teleconference within the time frame requested by the parties, the court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submissions due by 9/4/2024). Signed by Judge Sherry R. Fallon on 8/26/2024. (Polito, Rebecca) (Entered: 08/26/2024) |
| 8/22/2024 | 36 | NOTICE OF SERVICE of 1) Plaintiff's Responses to Defendant's First Set of Interrogatories (Nos. 1-12); and 2) Plaintiff's Responses to Defendant's First Set of Requests for Production (Nos. 1-65) filed by NL Giken Inc..(Poff, Adam) (Entered: 08/22/2024) |
| 8/22/2024 | 35 | Joint MOTION for Teleconference to Resolve Protective Order Dispute - filed by NL Giken Inc.. (Poff, Adam) (Entered: 08/22/2024) |
| 8/21/2024 | 34 | ORAL ORDER - Consistent with the Scheduling Order, the parties contacted Chambers to request a teleconference date for a form of protective order dispute, IT IS HEREBY ORDERED that this dispute is referred to Magistrate Judge Fallon. The parties are directed to file Magistrate Judge Fallon's "Motion for Teleconference to Resolve [Protective Order or Discovery] Dispute" which can be found at https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon, forms.. Signed by Judge Maryellen Noreika on 8/21/2024. (dlw) (Entered: 08/21/2024) |
| 8/19/2024 | 33 | NOTICE OF SERVICE of Defendant Apple Inc.'s Responses To NL Giken Inc.'s First Set Of Requests For Production (Nos. 1 30), Defendant Apple Inc.'s Rule 26(a)(1) Initial Disclosures, and Defendant Apple Inc.'s Initial Disclosures Pursuant To Section 3 Of The Default Standard For Discovery filed by Apple Inc..(Moore, David) (Entered: 08/19/2024) |
| 7/23/2024 | 32 | NOTICE OF SERVICE of Defendant Apple Inc.'s First Set of Interrogatories to Plaintiff NL Giken Inc. (Nos. 1-12), and Defendant Apple Inc.'s First Set of Requests for Production to Plaintiff NL Giken Inc. (Nos. 1-65) filed by Apple Inc..(Moshos, Andrew) (Entered: 07/23/2024) |
| 7/19/2024 | 31 | SCHEDULING ORDER: Joinder of Parties due by 12/20/2024. Amended Pleadings due by 12/20/2024. Fact Discovery completed by 6/2/2025. Opening Expert Reports due by 10/7/2025. Rebuttal Expert Reports due by 11/4/2025. Reply Expert Reports due by 12/9/2025. Expert Discovery due by 12/22/2025. A Trial Scheduling Conference is set for 4/21/2026 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. Dispositive Motions due by 1/13/2026. Answering Brief due 2/6/2026. Reply Brief due 2/20/2026. Claim Construction Opening Brief served by 6/25/2025. Claim Construction Answering Brief served by 7/18/2025. Claim Construction Reply Brief served by 8/1/2025. Claim Construction Surreply Brief served by 8/15/2025. Joint Claim Construction Brief filed by 8/22/2025. A Markman Hearing is set for 9/16/2025 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 6/15/2026 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day jury Jury Trial is set for 6/22/2026 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 7/19/2024. (dlw) (Entered: 07/19/2024) |
| 7/18/2024 | 30 | PROPOSED ORDER // Scheduling Order by NL Giken Inc. (Vrana, Robert) Modified on 7/18/2024 (dlw). (Entered: 07/18/2024) |
| 7/15/2024 | 29 | NOTICE OF SERVICE of 1) Plaintiff NL Giken Inc.'s Initial Disclosure of the Asserted Patents, the Accused Products, its Damages Model, and the File Histories for each Asserted Patent; 2) Initial Disclosures of Plaintiff NL Giken Inc. to Defendant Apple Inc.; 3) Plaintiff NL Giken Inc.'s Disclosures Under Paragraph 3 of the Delaware Default Standard for Discovery; and 4) Plaintiff NL Giken Inc.'s First Set of Requests for Production of Documents and Things to Defendant (Nos. 1-30). filed by NL Giken Inc..(Stombaugh, Alexis) (Entered: 07/15/2024) |
| 6/28/2024 | Pro Hac Vice Attorney Aya Cieslak-Tochigi for NL Giken 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. (apk) (Entered: 06/28/2024) | |
| 6/26/2024 | SO ORDERED re 27 MOTION for Pro Hac Vice Appearance of Attorney Aya Cieslak-Tochigi filed by NL Giken Inc. ORDERED by Judge Maryellen Noreika on 6/26/2024. (dlw) (Entered: 06/26/2024) | |
| 6/26/2024 | 28 | Pro Hac Vice Fee - Credit Card Payment received for Aya Cieslak-Tochigi. ( re 27 MOTION for Pro Hac Vice Appearance of Attorney Aya Cieslak-Tochigi )( Payment of $ 50, receipt number ADEDC-4439013).(Stombaugh, Alexis) (Entered: 06/26/2024) |
| 6/26/2024 | 27 | MOTION for Pro Hac Vice Appearance of Attorney Aya Cieslak-Tochigi - filed by NL Giken Inc.. (Stombaugh, Alexis) (Entered: 06/26/2024) |
| 6/18/2024 | 26 | ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 6/18/2024. (dlw) (Entered: 06/18/2024) |
| 5/3/2024 | 25 | REQUEST for Oral Argument by Apple Inc. re 20 MOTION to Dismiss 18 Amended Complaint for Failure to State a Claim. (Moore, David) (Entered: 05/03/2024) |
| 4/29/2024 | 24 | REPLY BRIEF re 20 MOTION to Dismiss 18 Amended Complaint for Failure to State a Claim filed by Apple Inc.. (Moore, David) (Entered: 04/29/2024) |
| 4/22/2024 | 23 | DECLARATION of Hunter D. Keeton re 22 Answering Brief in Opposition by NL Giken Inc. (Attachments: # 1 Exhibit 1 -17, # 2 Exhibit 18 -29) (Vrana, Robert) Modified on 4/23/2024 (mdb). (Entered: 04/22/2024) |
| 4/22/2024 | 22 | ANSWERING BRIEF in Opposition re 20 MOTION to Dismiss 18 Amended Complaint for Failure to State a Claim filed by NL Giken Inc..Reply Brief due date per Local Rules is 4/29/2024. (Vrana, Robert) (Entered: 04/22/2024) |
| 4/8/2024 | 21 | OPENING BRIEF in Support re 20 MOTION to Dismiss 18 Amended Complaint for Failure to State a Claim filed by Apple Inc. Answering Brief/Response due date per Local Rules is 4/22/2024. (Palapura, Bindu) Modified on 4/9/2024 (dlw). (Entered: 04/08/2024) |
| 4/8/2024 | 20 | MOTION to Dismiss 18 Amended Complaint for Failure to State a Claim - filed by Apple Inc. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) Modified on 4/9/2024 (dlw). (Entered: 04/08/2024) |
| 3/20/2024 | 19 | ORAL ORDER re 10 MOTION to Dismiss for Failure to State a Claim - In light of 18 Plaintiff's Amended Complaint, the Court DENIES as MOOT 10 Defendant's Motion to Dismiss as it relates to the 1 Original Complaint. ORDERED by Judge Maryellen Noreika on 3/20/2024. (dlw) (Entered: 03/20/2024) |
| 3/18/2024 | 18 | AMENDED COMPLAINT against Apple Inc.- filed by NL Giken Inc.. (Attachments: # 1 Exhibit A- E, # 2 Exhibit F - J, # 3 Exhibit K - P)(Poff, Adam) (Additional attachment(s) added on 3/20/2024: # 4 Redline Comparison) (dlw). (Entered: 03/18/2024) |
| 3/7/2024 | Pro Hac Vice Attorneys Meredith L. Angueira, Caleb D. Woods, Soo J. Park, Yuka Teraguchi, and Max I. Levy for Apple 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. (mkr) (Entered: 03/07/2024) | |
| 3/1/2024 | Pro Hac Vice Attorneys Richard S.J. Hung and Shaelyn K. Dawson for Apple 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. (mpb) (Entered: 03/01/2024) | |
| 3/1/2024 | Pro Hac Vice Attorney Roman A. Swoopes for Apple 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. (mpb) (Entered: 03/01/2024) | |
| 2/29/2024 | SO ORDERED re 17 STIPULATION TO EXTEND TIME (Set Briefing Schedule: re 10 MOTION to Dismiss - Answering Brief due 3/18/2024. Reply Brief due 4/1/2024. If Amended Complaint filed, response due 21 days thereafter). ORDERED by Judge Maryellen Noreika on 2/29/2024. (dlw) (Entered: 02/29/2024) | |
| 2/29/2024 | 17 | STIPULATION TO EXTEND TIME to the deadlines set forth in the stipulation - filed by NL Giken Inc.. (Stombaugh, Alexis) (Entered: 02/29/2024) |
| 2/27/2024 | CORRECTING ENTRY: Attorney Malisa C. Dang has been removed from the Docket due to never being admitted to the District Court. Counsel is advised to have Attorney Malisa C. Dang follow the proper procedure to become admitted to the District Court. (mpb) (Entered: 02/27/2024) | |
| 2/27/2024 | SO ORDERED re 15 MOTION for Pro Hac Vice Appearance of Attorney Yuka Teraguchi, Soo J. Park and Caleb D. Woods of Morrison Foerster LLP, 13 MOTION for Pro Hac Vice Appearance of Attorney Roman A. Swoopes, Max I. Levy, Shaelyn K. Dawson, Richard S. J. Hung and Meredith L. Angueira of Morrison Foerster LLP filed by Apple Inc. ORDERED by Judge Maryellen Noreika on 2/27/2024. (dlw) (Entered: 02/27/2024) | |
| 2/26/2024 | 16 | Pro Hac Vice Fee - Credit Card Payment received for Yuka Teraguchi, Soo J. Park, and Caleb D. Woods. ( re 15 MOTION for Pro Hac Vice Appearance of Attorney Yuka Teraguchi, Soo J. Park and Caleb D. Woods of Morrison Foerster LLP )( Payment of $ 150, receipt number ADEDC-4347894).(Moore, David) (Entered: 02/26/2024) |
| 2/26/2024 | 15 | MOTION for Pro Hac Vice Appearance of Attorney Yuka Teraguchi, Soo J. Park and Caleb D. Woods of Morrison Foerster LLP - filed by Apple Inc.. (Moore, David) (Entered: 02/26/2024) |
| 2/26/2024 | 14 | Pro Hac Vice Fee - Credit Card Payment received for Roman A. Swoopes, Max I. Levy, Shaelyn K. Dawson, Richard S. J. Hung, and Meredith L. Angueira. ( re 13 MOTION for Pro Hac Vice Appearance of Attorney Roman A. Swoopes, Max I. Levy, Shaelyn K. Dawson, Richard S. J. Hung and Meredith L. Angueira of Morrison Foerster LLP )( Payment of $ 250, receipt number ADEDC-4347866).(Moore, David) (Entered: 02/26/2024) |
| 2/26/2024 | 13 | MOTION for Pro Hac Vice Appearance of Attorney Roman A. Swoopes, Max I. Levy, Shaelyn K. Dawson, Richard S. J. Hung and Meredith L. Angueira of Morrison Foerster LLP - filed by Apple Inc.. (Moore, David) (Entered: 02/26/2024) |
| 2/26/2024 | 12 | Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Apple Inc.. (Palapura, Bindu) (Entered: 02/26/2024) |
| 2/26/2024 | 11 | OPENING BRIEF in Support re 10 MOTION to Dismiss for Failure to State a Claim filed by Apple Inc..Answering Brief/Response due date per Local Rules is 3/11/2024. (Palapura, Bindu) (Entered: 02/26/2024) |
| 2/26/2024 | 10 | MOTION to Dismiss for Failure to State a Claim - filed by Apple Inc.. (Attachments: # 1 Text of Proposed Order)(Palapura, Bindu) (Entered: 02/26/2024) |
| 1/16/2024 | SO ORDERED re 9 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to February 26, 2024 (Set/Reset Answer Deadlines: Apple Inc. answer due 2/26/2024). ORDERED by Judge Maryellen Noreika on 1/16/2024. (dlw) (Entered: 01/16/2024) | |
| 1/12/2024 | 9 | STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to February 26, 2024 - filed by Apple Inc.. (Moore, David) (Entered: 01/12/2024) |
| 1/10/2024 | Pro Hac Vice Attorneys Michael A. Albert, Gerald B. Hrycyszyn, Arden E. Bonzo, and Hunter D. Keeton for NL Giken 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. (mpb) (Entered: 01/10/2024) | |
| 1/10/2024 | SO ORDERED re 7 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Albert, Gerald B. Hrycyszyn, Hunter D. Keeton, and Arden E. Bonzo filed by NL Giken Inc. ORDERED by Judge Maryellen Noreika on 1/10/2024. (dlw) (Entered: 01/10/2024) | |
| 1/10/2024 | 8 | Pro Hac Vice Fee - Credit Card Payment received for Michael A. Albert, Gerald B. Hrycyszyn, Hunter D. Keeton, and Arden E. Bonzo. ( re 7 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Albert, Gerald B. Hrycyszyn, Hunter D. Keeton, and Arden E. Bonzo )( Payment of $ 200, receipt number ADEDC-4311559).(Stombaugh, Alexis) (Entered: 01/10/2024) |
| 1/10/2024 | 7 | MOTION for Pro Hac Vice Appearance of Attorney Michael A. Albert, Gerald B. Hrycyszyn, Hunter D. Keeton, and Arden E. Bonzo - filed by NL Giken Inc.. (Stombaugh, Alexis) (Entered: 01/10/2024) |
| 1/10/2024 | Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) (Entered: 01/10/2024) | |
| 1/8/2024 | 6 | SUMMONS Returned Executed by NL Giken Inc..Apple Inc. served on 1/5/2024, answer due 1/26/2024. (Poff, Adam) (Entered: 01/08/2024) |
| 1/5/2024 | 5 | Summons Issued as to Apple Inc. on 1/5/2024. (apk) (Entered: 01/05/2024) |
| 1/5/2024 | 4 | Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NL Giken Inc. (apk) (Entered: 01/05/2024) |
| 1/5/2024 | 3 | Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s)(SEE PATENT REPORT) (apk) (Entered: 01/05/2024) |
| 1/5/2024 | 2 | Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 01/05/2024) |
| 1/5/2024 | 1 | COMPLAINT filed with Jury Demand against Apple Inc. ( Filing fee $ 405, receipt number ADEDC-4307791.) - filed by NL Giken Inc. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-J, # 3 Exhibit K-P, # 4 Civil Cover Sheet)(apk) (Entered: 01/05/2024) |
