HYBIR, INC. v. VEEAM SOFTWARE CORPORATION

1:20-cv-10329 | Massachusetts District Court

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Division Boston
Judge Judge Indira Talwani
Filed Feb. 19, 2020
Case Flags PATENT and STAYED
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
1/29/2025USCA Mandate
1/16/2025USCA Case Number
1/8/2025Abbreviated Electronic Appeal Record Sent to USCA
1/7/2025USCA Judgment
1/2/2025Notice of Appeal to the Federal Circuit
1/2/2025USCA Case Number
12/26/2024Abbreviated Electronic Appeal Record Sent to USCA
12/24/2024Notice of Appeal
12/19/2024Stipulation and Order
12/18/2024Stipulation
12/11/2024Order on Motion for Extension of Time to File
12/10/2024Extension of Time to File Document
11/26/2024Order Dismissing Case
11/25/2024~Util - Terminate Motions, Order
11/22/2024Judge Indira Talwani: ORDER entered granting 76 Motion to Dismiss for Failure to State a Claim (Talwani, Indira)
11/22/2024Notice Cancelling Hearing
11/19/2024Notice of Appearance
11/15/2024Order on Motion for Leave to Appear
11/13/2024Appear Pro Hac Vice
11/8/2024Order
11/8/2024Amend
11/7/2024Protective Order
11/7/2024Order on Motion for Protective Order
11/6/2024Protective Order
11/1/2024Reply to Preliminary Claim Construction Briefs
11/1/2024Reply to Preliminary Claim Construction Briefs
10/30/2024Notice of Filing of Official Transcript
10/30/2024Transcript
10/24/2024Notice of Appearance
10/24/2024Notice of Appearance
10/24/2024Notice of Appearance
10/21/2024Notice of Appearance
10/21/2024Order on Motion for Leave to Appear
10/18/2024Appear Pro Hac Vice
10/15/2024Motion Hearing
10/11/2024Order on Motion for Leave to Appear, Order on Motion for Leave to Appear, Order on Motion for Leave to Appear
10/11/2024Appear Pro Hac Vice
10/11/2024Appear Pro Hac Vice
10/11/2024Appear Pro Hac Vice
10/7/2024Notice Setting or Resetting Hearing on Motion
9/23/2024Preliminary Claim Construction Briefs
9/23/2024Preliminary Claim Construction Briefs
8/19/2024Joint Claim Construction and Prehearing Statement
7/31/2024Order on Motion for Extension of Time
7/30/2024Extension of Time
7/1/2024Notice of Withdrawal of Appearance
6/20/2024Order on Motion for Extension of Time
6/20/2024Extension of Time
6/12/2024Order on Motion for Extension of Time
6/11/2024Extension of Time
6/7/2024Notice of Appearance
6/4/2024Notice of Change of Address or Firm Name
5/31/2024Reply to Response to Motion
5/24/2024Memorandum in Opposition to Motion
5/24/2024Affidavit in Opposition to Motion
5/10/2024Memorandum in Support of Motion
5/10/2024Dismiss for Failure to State a Claim
4/26/2024Protective Order
4/26/2024Proposed Documents Submitted to the Court
4/8/2024Notice of Appearance
4/8/2024Scheduling Order
4/5/2024Amended Complaint
4/3/2024Order Lifting Stay
3/29/2024Order on Motion for Leave to Appear
3/28/2024Appear Pro Hac Vice
3/28/2024Proposed Documents Submitted to the Court
3/21/2024Notice of Appearance
3/21/2024Notice of Appearance
3/18/2024Notice of Hearing
3/6/2024Status Report
2/7/2024 NOTICE of Withdrawal of Appearance by Eric G.J. Kaviar (Kaviar, Eric) (Entered: 02/07/2024)
1/11/202460Judge Indira Talwani: ELECTRONIC ORDER: in light of the ongoing appeals of inter partes review proceedings, this case remains stayed. The parties shall confer and file a joint status report no later than 14 days after entry of judgment in the pending appeals of IPR2020-01037 and -01038.(Kelly, Danielle) (Entered: 01/11/2024)
1/10/2024STATUS REPORT (JOINT) by HYBIR, INC.. (Ostrow, Seth) (Entered: 01/10/2024)
1/3/202458Judge Indira Talwani: ELECTRONIC ORDER: on December 7, 2020, the court granted the parties' Joint Motion to Stay 54 and stayed this case pending resolution of the inter partes review proceedings by the Patent Trial and Appeal Board including any subsequent appeals, or further order of the court. Elec. Order 55 . The parties are directed to file a joint status report no later than January 10, 2024.(Kelly, Danielle) (Entered: 01/03/2024)
3/18/202157ELECTRONIC NOTICE Canceling Hearing. Status Conference 03/30/2021 is canceled due to this case being Stayed.(MacDonald, Gail) (Entered: 03/18/2021)
12/21/202056ELECTRONIC NOTICE Canceling Hearing. Markman Hearing 01/04/2021 canceled. (MacDonald, Gail) (Entered: 12/21/2020)
12/7/202055Judge Indira Talwani: ELECTRONIC ORDER entered GRANTING Joint Motion to Stay 54 . This case is STAYED pending resolution of the inter partes review ("IPR") proceedings by the Patent Trial and Appeal Board including any subsequent appeals, or further order of the court. The parties shall confer and file a joint status report no later than 14 days after issuance of the Final Written Decisions in the IPR proceedings and resolution of any subsequent appeals. (Kelly, Danielle) (Entered: 12/07/2020)
12/4/2020Joint MOTION to Stay (Stipulated) by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 12/04/2020)
11/6/2020DECLARATION re 51 Preliminary Claim Construction Briefs Declaration of Prashant Shenoy, PH.D. by VEEAM SOFTWARE CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kaviar, Eric) (Entered: 11/06/2020)
11/6/2020Preliminary Claim Construction Briefs by HYBIR, INC.. (Attachments: # 1 Affidavit Declaration of Seth H. Ostrow, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Ostrow, Seth) (Entered: 11/06/2020)
11/6/2020Preliminary Claim Construction Briefs by VEEAM SOFTWARE CORPORATION. (Kaviar, Eric) (Entered: 11/06/2020)
10/23/2020Joint Claim Construction and Prehearing Statement by VEEAM SOFTWARE CORPORATION. (Attachments: # 1 Exhibit A)(Kaviar, Eric) (Entered: 10/23/2020)
8/14/2020 SUR-REPLY to Motion re 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HYBIR, INC.. (Ostrow, Seth) (Entered: 08/14/2020)
8/14/202048Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 45 Motion for Extension of Time to September 11, 2020 to Serve L.R. 16.6(d)(4) Disclosures. (Kelly, Danielle) (Entered: 08/14/2020)
8/14/202047Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 44 Motion for Leave to File a Sur-Reply Brief Opposing Defendant Veeam Software Corporation's Amended Motion to Dismiss;

Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 08/14/2020)

8/13/2020 RESPONSE to Motion re 44 MOTION for Leave to File a Sur-Reply Brief Opposing Defendant Veeam Software Corporation's Amended Motion to Dismiss filed by VEEAM SOFTWARE CORPORATION. (Kaviar, Eric) (Entered: 08/13/2020)
8/13/2020 MOTION for Extension of Time to September 11, 2020 to Serve L.R. 16.6(d)(4) Disclosures by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 08/13/2020)
8/4/2020 MOTION for Leave to File a Sur-Reply Brief Opposing Defendant Veeam Software Corporation's Amended Motion to Dismiss by HYBIR, INC.. (Attachments: # 1 Exhibit A)(Ostrow, Seth) (Entered: 08/04/2020)
7/29/2020 REPLY to Response to 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VEEAM SOFTWARE CORPORATION. (Kaviar, Eric) (Entered: 07/29/2020)
7/28/202042Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 41 Motion for Leave to File Reply In Support of Its Amended Motion to Dismiss;

Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) (Entered: 07/28/2020)

7/27/2020 MOTION for Leave to File Reply In Support of Its Amended Motion to Dismiss by VEEAM SOFTWARE CORPORATION. (Attachments: # 1 Exhibit A - [Proposed] Reply)(Kaviar, Eric) (Entered: 07/27/2020)
7/10/2020 AFFIDAVIT of (Declaration) of Seth H. Ostrow in Opposition re 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HYBIR, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order Denying Motion)(Ostrow, Seth) (Entered: 07/10/2020)
7/10/2020 MEMORANDUM in Opposition re 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HYBIR, INC.. (Ostrow, Seth) (Entered: 07/10/2020)
7/2/2020Judge Indira Talwani: ORDER entered. PATENT SCHEDULING ORDER. See attached order. (Kelly, Danielle) (Entered: 07/02/2020)
6/25/202037Judge Indira Talwani: ELECTRONIC ORDER terminating 18 Motion to Dismiss for Failure to State a Claim as superseded by 35 . (Kelly, Danielle) (Entered: 06/25/2020)
6/24/2020 MEMORANDUM in Support re 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by VEEAM SOFTWARE CORPORATION. (Kaviar, Eric) (Entered: 06/24/2020)
6/24/2020Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 06/24/2020)
6/18/2020 NOTICE of Withdrawal of Appearance by Sarah A. Pfeiffer (Pfeiffer, Sarah) (Entered: 06/18/2020)
6/11/202033Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 31 Motion for Extension of Time to Amend and File Response/Reply. Veeam's Amended Motion to Dismiss due June 24, 2020. Hybir's Opposition to the Amended Motion to Dismiss due July 10, 2020. (Kelly, Danielle) (Entered: 06/11/2020)
6/10/2020Assented to MOTION for Extension of Time to Amend 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6) to June 24, 2020, Assented to MOTION for Extension of Time to File Response/Reply to July 10, 2020 ( Responses due by 6/24/2020) by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 06/10/2020)
6/8/202032Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 6/8/2020. Case called. Court had colloquy with counsel. An amended motion to dismiss may be refiled by 6/10/2020; if so the response will be reset; if not response to present motion will be due 6/12/2020. Two weeks after the Patent Office decides whether to review, parties to jointly report any request for ADR. Proposed schedule adopted. Terms restricted to 10 terms in total. Markman Hearing set for 1/4/2021 02:15 PM; Status Conference set for 3/30/2021 02:15 PM in Courtroom 9 before Judge Indira Talwani. Scheduling Order to follow. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Sarah A. Pfeiffer, Robert Feinland, Seth H. Ostrow, Byron L. Pickard, Daniel S. Block, Eric G.J. Kaviar) (MacDonald, Gail) (Entered: 06/10/2020)
6/5/2020 CERTIFICATION pursuant to Local Rule 16.1 . (Ostrow, Seth) (Entered: 06/05/2020)
6/1/2020 CERTIFICATION pursuant to Local Rule 16.1 by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 06/01/2020)
6/1/2020 JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit 1 - Proposed Scheduling Order, # 2 Exhibit 2 - Proposed Stipulated Protective Order)(Ostrow, Seth) (Entered: 06/01/2020)
5/20/202027Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 26 Motion for Leave to Appear Pro Hac Vice Added Robert Feinland.

Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered: 05/20/2020)

5/19/2020Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Robert Feinland Filing fee: $ 100, receipt number 0101-8248646 by HYBIR, INC.. (Attachments: # 1 Exhibit A - Certification of Robert Feinland)(Ostrow, Seth) (Entered: 05/19/2020)
5/18/202025Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 24 Motion for Extension of Time to File Response/Reply re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6). Responses due by 6/8/2020. (Kelly, Danielle) (Entered: 05/18/2020)
5/15/2020Assented to MOTION for Extension of Time to June 8, 2020 to File Response/Reply as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6) by HYBIR, INC..(Ostrow, Seth) (Entered: 05/15/2020)
5/13/2020 NOTICE of Telephonic Scheduling Conference. Scheduling Conference set for 6/8/2020 11:15 AM before Judge Indira Talwani. Calling instructions will be provided to counsel by the clerk. (MacDonald, Gail) (Entered: 05/13/2020)
5/12/202022ELECTRONIC NOTICE of Case RE-Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 05/12/2020)
5/12/2020Refusal to Consent to Proceed Before a US Magistrate Judge. . (Ostrow, Seth) (Entered: 05/12/2020)
5/12/202020ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed promptly. Additional forms can be obtained on the Court's web page at http://www.mad.uscourts.gov. (Belmont, Kellyann) (Entered: 05/12/2020)
5/11/2020 MEMORANDUM in Support re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6) filed by VEEAM SOFTWARE CORPORATION. (Kaviar, Eric) (Entered: 05/11/2020)
5/11/2020 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(B)(6) by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 05/11/2020)
3/10/202017Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice Added Daniel S. Block.; granting 14 Motion for Leave to Appear Pro Hac Vice Added Byron L. Pickard.; granting 15 Motion for Leave to Appear Pro Hac Vice Added Robert E. Niemeier. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Belmont, Kellyann) (Entered: 03/10/2020)
3/10/202016Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 9 Unopposed Motion to Extend Defendant's Time to Respond to Plaintiff's Complaint. Defendant shall file an answer, or otherwise respond to the complaint, on or before the close of business on May 11, 2020. (MacDougall, Patricia) (Entered: 03/10/2020)
3/9/2020 MOTION for Leave to Appear Pro Hac Vice for admission of Robert E. Niemeier Filing fee: $ 100, receipt number 0101-8146825 by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 03/09/2020)
3/9/2020 MOTION for Leave to Appear Pro Hac Vice for admission of Byron L. Pickard Filing fee: $ 100, receipt number 0101-8146823 by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 03/09/2020)
3/9/2020 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel S. Block Filing fee: $ 100, receipt number 0101-8146821 by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 03/09/2020)
3/9/2020NOTICE of Appearance by Shepard Davidson on behalf of VEEAM SOFTWARE CORPORATION (Davidson, Shepard) (Entered: 03/09/2020)
3/9/2020NOTICE of Appearance by Eric G.J. Kaviar on behalf of VEEAM SOFTWARE CORPORATION (Kaviar, Eric) (Entered: 03/09/2020)
3/9/2020CORPORATE DISCLOSURE STATEMENT by VEEAM SOFTWARE CORPORATION identifying Corporate Parent VS Holding I Inc. for VEEAM SOFTWARE CORPORATION.. (Kaviar, Eric) (Entered: 03/09/2020)
3/9/2020 MOTION for Extension of Time to May 11, 2020 to File Response to Plaintiff's Complaint - UNOPPOSED by VEEAM SOFTWARE CORPORATION.(Kaviar, Eric) (Entered: 03/09/2020)
3/5/2020ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $100.00 paid on 03/04/2020, receipt number 0101-8139576. (Tran, Henry) (Entered: 03/05/2020)
3/4/20208Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Sarah A. Pfeiffer. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Belmont, Kellyann) (Entered: 03/04/2020)
3/4/2020 MOTION for Leave to Appear Pro Hac Vice for admission of Sarah A. Pfeiffer Filing fee: $ 100, receipt number 0101-8139643 by HYBIR, INC.. (Attachments: # 1 Exhibit A - Certification of Sarah A. Pfeiffer)(Ostrow, Seth) (Entered: 03/04/2020)
3/4/2020Notice of Service of Process filed by HYBIR, INC.. Individual(s)/Entities served: VEEAM SOFTWARE CORPORATION. (Ostrow, Seth) (Entered: 03/04/2020)
2/19/2020Summons Issued as to VEEAM SOFTWARE CORPORATION. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 02/19/2020)
2/19/20204NOTICE of Case Assignment. Magistrate Judge M. Page Kelley assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electroni> Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) (Entered: 02/19/2020)
2/19/2020CORPORATE DISCLOSURE STATEMENT by HYBIR, INC.. (Ostrow, Seth) (Entered: 02/19/2020)
2/19/2020REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Ostrow, Seth) (Entered: 02/19/2020)
2/19/2020COMPLAINT against VEEAM SOFTWARE CORPORATION Filing fee: $ 400, receipt number 0101-8114891 (Fee Status: Filing Fee paid), filed by HYBIR, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Civil Cover Sheet, # 8 Category Form)(Ostrow, Seth) (Entered: 02/19/2020)