AuthWallet, LLC v. Square, Inc.

1:21-cv-05463 | New York Southern District Court

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Division Foley Square
Judge Judge Lewis J. Liman
Filed June 22, 2021
Case Flags ECF and PATENT-PILOT
Nature of Suit 830 Patent
Cause 18:1341 Patent Infringement
Jury Demand Plaintiff
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Filing Date # Docket Text
6/16/2023USCA Mandate
5/10/2023USCA Order
5/10/2023USCA Order
5/31/2022USCA Case Number
5/26/2022Appeal Fee Paid via Pay.gov, Appeal Record Sent to USCA - Electronic File, Transmission of Notice of Appeal and Docket Sheet to USCA, Notice to Attorney Regarding Deficient Appeal
5/26/2022Notice of Appeal to the Federal Circuit
5/26/2022Notice of Appeal
5/3/2022 CLERK'S JUDGMENT re: 35 Memorandum & Opinion in favor of Block Inc. against AuthWallet, LLC. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 3, 2022, Block's motion to dismiss is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/3/2022) (Attachments: # 1 Right to Appeal) (km)
5/3/2022 OPINION AND ORDER re: 18 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101 filed by Square, Inc. For the foregoing reasons, Block's motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to close Dkt. No. 18 and to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/3/2022) (vfr) Transmission to Orders and Judgments Clerk for processing.
3/30/2022Order on Motion to Appear Pro Hac Vice
3/3/2022Notice Regarding Pro Hac Vice Motion
3/2/2022Appear Pro Hac Vice
2/23/2022Notice Regarding Deficient Motion to Appear Pro Hac Vice
2/22/2022Appear Pro Hac Vice
1/7/2022Notice of Appearance
1/7/2022Notice of Appearance
1/7/2022Notice of Appearance
12/22/2021 MEMO ENDORSEMENT ON DEFENDANT'S MOTION TO SUBSTITUTE PARTY AND AMEND CASE CAPTION: granting 27 Motion to Amend/Correct 27 CONSENT MOTION to Substitute Party. Old Party: Square, Inc., New Party: Block, Inc. . CONSENT MOTION t o Amend/Correct Case Caption. ; granting 27 Motion to Substitute Party. Defendant's motion is GRANTED. The Clerk of Court is respectfully directed to amend the case caption so that defendant "Square, Inc." is replaced with "Block, Inc." So Ordered. Block Inc. added. Square, Inc. terminated. (Signed by Judge Lewis J. Liman on 12/22/2021) (js)
12/21/2021Amend/Correct, Substitute Party
12/17/2021Reply to Response to Motion
11/24/2021 ORDER granting 24 Letter Motion for Extension of Time to File Response/Reply re 24 JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from Daniel S. Block and David J. Hoffman dated November 24, 2021., 18 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101. SO ORDERED. Replies due by 12/22/2021. (Signed by Judge Lewis J. Liman on 11/24/2021) (va) (Entered: 11/24/2021)
11/24/2021JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from Daniel S. Block and David J. Hoffman dated November 24, 2021. Document filed by Square, Inc...(Block, Daniel) (Entered: 11/24/2021)
11/22/2021 RESPONSE in Opposition to Motion re: 18 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101. . Document filed by AuthWallet, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Hoffman, David) (Entered: 11/22/2021)
10/29/2021MEMO ENDORSEMENT: on re: 21 Letter filed by Square, Inc. ENDORSEMENT: The briefing schedule is Approved. SO ORDERED., ( Responses due by 11/15/2021, Replies due by 12/15/2021.) (Signed by Judge Lewis J. Liman on 10/29/2021) (ama) (Entered: 10/29/2021)
10/29/2021JOINT LETTER addressed to Judge Lewis J. Liman from Daniel S. Block and David J. Hoffman dated October 29, 2021 re: Proposed Agreed-Upon Briefing Schedule on Defendant's Motion to Dismiss. Document filed by Square, Inc...(Block, Daniel) (Entered: 10/29/2021)
10/18/2021Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 10/18/2021 by Telephone Conference. David Hoffman and Jeff Kubiak present by telephone for Plaintiff. Chandrika Vira and Daniel Block present by telephone for Defendant. The Court stayed discovery pending decision on the motion to dismiss. (mf) (Entered: 10/18/2021)
10/15/2021DECLARATION of Daniel S. Block in Support re: 18 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101.. Document filed by Square, Inc.. (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).(Block, Daniel) (Entered: 10/15/2021)
10/15/2021 MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101. . Document filed by Square, Inc...(Block, Daniel) (Entered: 10/15/2021)
10/15/2021 MOTION to Dismiss for Failure to Claim Patentable Subject Matter Under 35 U.S.C. § 101. Document filed by Square, Inc.. Responses due by 10/29/2021.(Block, Daniel) (Entered: 10/15/2021)
10/14/202117 ORDER granting 16 Motion for Daniel S. Block to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kl) (Entered: 10/14/2021)
10/14/2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Daniel S. Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25187805. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/14/2021)
10/13/2021 MOTION for Daniel S. Block to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25187805. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Square, Inc.. (Attachments: # 1 Affidavit of Daniel S. Block, # 2 Exhibit A - DC Certificate of Good Standing, # 3 Exhibit B - PA Certificate of Good Standing, # 4 Text of Proposed Order).(Block, Daniel) (Entered: 10/13/2021)
10/12/202115 ORDER granting 13 Motion for William H. Milliken to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (kl) (Entered: 10/12/2021)
10/11/2021PROPOSED CASE MANAGEMENT PLAN. Document filed by Square, Inc...(Vira, Chandrika) (Entered: 10/11/2021)
9/30/2021>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 13 MOTION for William H. Milliken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25131817. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 09/30/2021)
9/30/2021 MOTION for William H. Milliken to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25131817. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Square, Inc.. (Attachments: # 1 Affidavit of William H. Milliken, # 2 Exhibit A - DC Certificate of Good Standing, # 3 Exhibit B - TN Certificate of Good Standing, # 4 Text of Proposed Order).(Milliken, William) (Entered: 09/30/2021)
9/2/2021 LETTER addressed to Judge Lewis J. Liman from Chandrika Vira dated September 2, 2021 re: Notice by Square, Inc. of Intention to File Motion to Dismiss. Document filed by Square, Inc...(Vira, Chandrika) (Entered: 09/02/2021)
9/2/2021 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Square, Inc...(Vira, Chandrika) (Entered: 09/02/2021)
9/2/2021NOTICE OF APPEARANCE by Chandrika Vira on behalf of Square, Inc...(Vira, Chandrika) (Entered: 09/02/2021)
8/24/2021SUMMONS RETURNED EXECUTED Summons and Complaint served. Square, Inc. served on 8/12/2021, answer due 9/2/2021. Service was accepted by Lisa Darrell. Document filed by AuthWallet, LLC..(Hoffman, David) (Entered: 08/24/2021)
8/10/2021ELECTRONIC SUMMONS ISSUED as to Square, Inc.. (sj) (Entered: 08/10/2021)
8/9/2021REQUEST FOR ISSUANCE OF SUMMONS as to Square, Inc., re: 1 Complaint. Document filed by AuthWallet, LLC..(Hoffman, David) (Entered: 08/09/2021)
7/30/2021 NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on October 18, 2021, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. IT IS FURTHER ORDERED that, by one week prior to the conference, the parties confer with each other regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference, and jointly submit to the Court a proposed Case Management Plan and Scheduling Order. A template is available at https://www.nysd.uscourts.gov/hon-lewis-j- liman. This document should be filed electronically on ECF, consistent with the Court's Individual Practices in Civil Cases. In preparing the proposed Case Management Plan and Scheduling Order, the parties should consult the Local Patent Rules and the Court's Individual Practices in Civil Cases. The parties should be prepared to address at the conference whether questions of claim construction should be deferred until summary judgment. The time period for any Defendant intending to move to dismiss pursuant to Federal Rule of Civil Procedure Rule 12 will be extended until further order of the Court upon the filing of a simple letter with the Court within the time permitted under Federal Rule of Civil Procedure 12(a) and prior to the time the above-mentioned submission is made. Such letter should simply indicate in one sentence the Defendant's intent to make a motion to dismiss. Counsel for Plaintiff is ordered to notify Defendant of this Notice. SO ORDERED. Initial Conference set for 10/18/2021 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 7/30/2021) (ate) (Entered: 07/30/2021)
6/25/2021NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman, Patent Judge. Judge Analisa Torres is no longer assigned to the case..(wb) (Entered: 06/25/2021)
6/25/2021 AMENDED STANDING ORDER IN RE IMPLEMENTATION OF PATENT PILOT PROGRAM IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 21, 2011). It appearing that the Court has elected to participate in the Pilot Project for Patent Cases established pursuant to Pub L. No. 111-349, 124 Stat. 3674. Therefore, effective November 21, 2011, the Court's participation in the Patent Pilot Project will commence and shall include pro se cases. The Pilot program will be subject to the following procedures: When a designated Pilot judge receives a patent case on initial assignment, the case shall be assigned to that judge for all purposes, without further notice to the Assignment Committee and the Case Assignment Unit.... (Signed by Judge Loretta A. Preska on 3/29/2012) (wb) (Entered: 06/25/2021)
6/23/2021AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(jgo) (Entered: 06/23/2021)
6/23/2021***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David John Hoffman to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name whom summons is for must be listed on the 'as to' docket entry text;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 06/23/2021)
6/23/2021Case Eligible for Patent Pilot Program. (jgo) (Entered: 06/23/2021)
6/23/2021Case Designated ECF. (jgo) (Entered: 06/23/2021)
6/23/2021Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 06/23/2021)
6/23/2021CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 06/23/2021)
6/23/2021***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David John Hoffman. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 06/23/2021)
6/23/2021***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney David John Hoffman. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) (Entered: 06/23/2021)
6/22/2021 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: 1 Complaint. Document filed by AuthWallet, LLC..(Hoffman, David) Modified on 6/23/2021 (jgo). (Entered: 06/22/2021)
6/22/2021AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Hoffman, David) (Entered: 06/22/2021)
6/22/2021COMPLAINT against Square, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24703629)Document filed by AuthWallet, LLC. (Attachments: # 1 Exhibit US9292852, # 2 Civil Cover Sheet).(Hoffman, David) (Entered: 06/22/2021)