Blackbird Tech LLC v. CloudFlare, Inc.

18-1644 | U.S. Court of Appeals, Federal Circuit

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Filed March 5, 2018
Judges LOURIE, BRYSON, and MOORE
Nature of Suit 830 Patent
Original Case 3:17-cv-06112
Last Updated: 3 years, 11 months ago Show Interactive Timeline
Filing Date # Docket Text
2/13/2019
  • Motion for Judgment
Nonprecedential RULE 36 JUDGMENT
2/4/2019Amended Entry of appearance for Stamatios Stamoulis as of counsel for Appellant Blackbird Tech LLC. Service: 02/04/2019 by email. [583327] [18-1644] [Stamatios Stamoulis] [Entered: 02/04/2019 09:14 PM]
1/29/2019NOTICE OF NON-COMPLIANCE: The submission of Appellant Blackbird Tech LLC, Amended Entry of Appearance for Stamatios Stamoulis [59], is not in compliance with the rules of this court (see attached). Compliant document due on 02/05/2019. Service as of this date by the Clerk of Court.[581583] [JAB] [Entered: 01/29/2019 08:34 AM]
1/28/2019Amended Entry of appearance for Stamatios Stamoulis as of counsel for Appellant Blackbird Tech LLC. Service: 01/28/2019 by email. [581563] [18-1644] This document is non-compliant. See Doc. No. [60]. [Richard Weinblatt] [Entered: 01/28/2019 09:59 PM]
1/25/2019NOTICE OF NON-COMPLIANCE: The submission of Appellant Blackbird Tech LLC, Notice of Change of Address of Stamatios Stamoulis [57], is not in compliance with the rules of this court (see attached). Compliant document due on 02/01/2019. Service as of this date by the Clerk of Court.[580838] [JAB] [Entered: 01/25/2019 08:03 AM]
1/24/2019Notice of Change of Address of Stamatios Stamoulis for Appellant Blackbird Tech LLC. Service: 01/24/2019 by email. [580829] [18-1644] This document is non-compliant. See Doc. No. [58]. [Richard Weinblatt] [Entered: 01/24/2019 08:58 PM]
1/15/2019
  • Response
Response to notice of oral argument from the Appellees CloudFlare, Inc. and Incapsula, Inc.. [578132] [18-1644] [Anthony Garza] [Entered: 01/15/2019 01:59 PM]
1/15/2019
  • Responseby Π
Response to notice of oral argument from the Appellant Blackbird Tech LLC. [578064] [18-1644] [Walter Davis] [Entered: 01/15/2019 11:16 AM]
1/15/2019Entry of appearance for Walter D. Davis, Jr. as of counsel for Appellant Blackbird Tech LLC. Service: 01/15/2019 by email. [578062] [18-1644] [Walter Davis] [Entered: 01/15/2019 11:13 AM]
12/17/2018NOTICE OF ORAL ARGUMENT. Panel: 1902M. Case scheduled Feb 08, 2019 10:00 a.m. at the United States Court of Appeals for the Federal Circuit (Howard T. Markey National Courts Building, 717 Madison Place, NW Washington, DC 20439), Courtroom 201. Response to Notice of Oral Argument due: 01/15/2019. Please review the attached Notice. The response to notice of oral argument form can be found here. The Oral Argument Guide can be found here. [572319] [JAB] [Entered: 12/17/2018 03:56 PM]
10/16/201852
  • Motion to Withdraw as CounselGranted
**TEXT ONLY** ORDER granting motion to withdraw attorney [50] Christopher Freeman filed by Appellant Blackbird Tech LLC. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [557807] [SMJ] [Entered: 10/16/2018 04:17 PM]
10/16/201851CLERK'S OFFICE QUALITY CONTROL MESSAGE: re: motion to withdraw attorney Docket No. [50], ERROR: motion does not contain grounds, or a certificate of compliance with word count requirement. CORRECTION: future motions should correct these deficiencies. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [557806] [SMJ] [Entered: 10/16/2018 04:16 PM]
10/12/2018
  • Motion to Withdraw as Counselby Π
MOTION of Appellant Blackbird Tech LLC to withdraw counsel Christopher Freeman [Consent: unopposed]. Service: 10/12/2018 by email. [556545] [18-1644] [Stamatios Stamoulis] [Entered: 10/12/2018 12:55 AM]
9/17/2018Notice from Appellee Incapsula, Inc. regarding conflicts with oral argument (November 5-7, 2018; December 6-7, 2018). Service: 09/17/2018 by email. [550528] [18-1644] [Michael Sacksteder] [Entered: 09/17/2018 08:53 PM]
9/13/2018Notice from Appellant Blackbird Tech LLC regarding conflicts with oral argument (October 2, 2018, November 6, 2018, and December 5, 2018). Service: 09/13/2018 by email. [549634] [18-1644] [Stamatios Stamoulis] [Entered: 09/13/2018 05:17 PM]
9/13/2018476 paper copies of the Corrected Reply Brief [44] received from Appellant Blackbird Tech LLC. [549504] [CJF] [Entered: 09/13/2018 01:22 PM]
9/12/2018466 paper copies of the Joint Appendix Brief [43] received from Appellant Blackbird Tech LLC. [549172] [CJF] [Entered: 09/12/2018 12:56 PM]
9/10/201845Pursuant to Practice Note 34, counsel should advise the clerk of court of scheduling conflicts for the next three court weeks, or thereafter. When filing the notice of conflicts, counsel should docket the Notice Regarding Conflicts with Argument Dates event, which is found in the Calendar event category.. [548389] [SMJ] [Entered: 09/10/2018 12:09 PM]
9/4/2018CORRECTED REPLY BRIEF FILED for Appellant Blackbird Tech LLC [42]. Number of Pages: 28. Service: 09/04/2018 by email. The paper copies of the brief should be received by the court on or before 09/17/2018. [548387] [SMJ] [Entered: 09/10/2018 12:08 PM]
9/4/2018TENDERED from Appellant Blackbird Tech LLC. Title: CORRECTED REPLY BRIEF. Service: 09/04/2018 by email. [546953] [18-1644] [Stamatios Stamoulis] [Entered: 09/04/2018 01:59 PM]
9/4/2018Notice of Correction to the Reply Brief Doc No. [36] for Appellant Blackbird Tech LLC. Service: 09/04/2018 by email. [546952] [18-1644] [Stamatios Stamoulis] [Entered: 09/04/2018 01:57 PM]
8/30/2018APPENDIX FILED for Blackbird Tech LLC [38]. Number of Pages: 647. Service: 08/30/2018 by email. The paper copies of the brief should be received by the court on or before 09/17/2018. [548385] [SMJ] [Entered: 09/10/2018 12:02 PM]
8/30/2018Joint Statement of Compliance with Fed. Cir. R. 33 for Appellant Blackbird Tech LLC. Service: 08/30/2018 by email. [546568] [18-1644] [Stamatios Stamoulis] [Entered: 08/30/2018 09:52 PM]
8/30/2018CORRECTED ENTRY: Certificate of Compliance with Fed. Cir. R. 11(d) (Trial Court) for Appellant Blackbird Tech LLC. Service: 08/30/2018 by email. [546567]--[Edited 08/31/2018 by SMJ - Reason: to correct certification type] [Stamatios Stamoulis] [Entered: 08/30/2018 09:50 PM]
8/30/2018TENDERED from Appellant Blackbird Tech LLC and Appellees CloudFlare, Inc. and Incapsula, Inc.. Title: JOINT APPENDIX. Service: 08/30/2018 by email. [546529] [18-1644] [Stamatios Stamoulis] [Entered: 08/30/2018 04:10 PM]
8/28/2018376 paper copies of the Reply Brief [36] received from Appellant Blackbird Tech LLC. [545779] [CJF] [Entered: 08/28/2018 09:41 AM]
8/23/201836
  • Reply
REPLY BRIEF FILED for Appellant Blackbird Tech LLC [35]. Number of Pages: 28. Service: 08/23/2018 by email. The paper copies of the brief should be received by the court on or before 09/04/2018. Appendix is due 08/30/2018. [545515] This brief has been corrected. See Doc. No. [44] [SMJ] [Entered: 08/27/2018 10:54 AM]
8/23/201835TENDERED from Appellant Blackbird Tech LLC. Title: REPLY BRIEF. Service: 08/23/2018 by email. [545139] [18-1644] This brief has been corrected. See Doc. No. [44] [Stamatios Stamoulis] [Entered: 08/23/2018 05:59 PM]
8/2/201834
  • Motion to Extend Time to File ReplyGranted
**TEXT ONLY** ORDER granting motion to extend time to file reply brief [33] filed by Appellant Blackbird Tech LLC. Reply brief is due 08/23/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [540433] [SMJ] [Entered: 08/02/2018 01:29 PM]
8/1/2018MOTION of Appellant Blackbird Tech LLC to extend the time to 08/23/2018 to file the Plaintiff's Reply Brief. [Consent: unopposed]. Service: 08/01/2018 by email. [540257] [18-1644] [Stamatios Stamoulis] [Entered: 08/01/2018 04:32 PM]
7/31/2018326 paper copies of the Opening Response Brief [31] received from Appellees CloudFlare, Inc. and Incapsula, Inc.. [539643] [CJF] [Entered: 07/31/2018 10:28 AM]
7/30/2018BRIEF FILED for Appellees CloudFlare, Inc. and Incapsula, Inc. [30]. Number of Pages: 50. Service: 07/26/2018 by email. The paper copies of the brief should be received by the court on or before 08/06/2018. Appellant Blackbird Tech LLC reply brief is due 08/09/2018. [539294] [SMJ] [Entered: 07/30/2018 09:40 AM]
7/26/2018TENDERED from Appellees CloudFlare, Inc. and Incapsula, Inc.. Title: RESPONSE BRIEF. Service: 07/26/2018 by email. [538789] [18-1644] [Anthony Garza] [Entered: 07/26/2018 02:47 PM]
6/14/201829
  • Motion to Extend Time to File BriefGranted
**TEXT ONLY** ORDER granting motion to extend time to file brief [28] filed by Appellees CloudFlare, Inc. and Incapsula, Inc. Appellees CloudFlare, Inc. and Incapsula, Inc. response brief due 07/26/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [529439] [SMJ] [Entered: 06/14/2018 02:09 PM]
6/13/2018MOTION of Appellees CloudFlare, Inc. and Incapsula, Inc. to extend the time to 07/26/2018 to file the Brief for Defendants-Appellees. [Consent: unopposed]. Service: 06/13/2018 by email. [529179] [18-1644] [Steven Callahan] [Entered: 06/13/2018 03:45 PM]
5/31/2018276 paper copies of the Opening Brief [26] received from Appellant Blackbird Tech LLC. [526076] [CJF] [Entered: 06/01/2018 08:52 AM]
5/25/2018BRIEF FILED for Appellant Blackbird Tech LLC [25]. Number of Pages: 54. Service: 05/25/2018 by email. The paper copies of the brief should be received by the court on or before 06/05/2018. Appellees CloudFlare, Inc. and Incapsula, Inc. brief is due 07/05/2018. [525132] [SMJ] [Entered: 05/29/2018 03:48 PM]
5/25/2018TENDERED from Appellant Blackbird Tech LLC. Title: OPENING BRIEF. Service: 05/25/2018 by email. [524883] [18-1644] [Stamatios Stamoulis] [Entered: 05/25/2018 06:46 PM]
4/23/201824
  • Motion to Extend Time to File BriefGranted
**TEXT ONLY** ORDER granting motion to extend time to file brief [23] filed by Appellant Blackbird Tech LLC. Brief due 05/25/2018. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [515949] [CFT] [Entered: 04/23/2018 10:21 AM]
4/20/2018MOTION of Appellant Blackbird Tech LLC to extend the time to 05/25/2018 to file the Opening Brief. [Consent: unopposed]. Service: 04/20/2018 by email. [515835] [18-1644] [Stamatios Stamoulis] [Entered: 04/20/2018 07:08 PM]
3/20/2018Amended Entry of appearance for Christopher Freeman as of counsel for Appellant Blackbird Tech LLC. Service: 03/20/2018 by email. [506811] [18-1644] [Stamatios Stamoulis] [Entered: 03/20/2018 09:59 PM]
3/20/2018Corrected Certificate of Interest for the Appellee Incapsula, Inc.. Service: 03/20/2018 by email. [506752] [18-1644] [Michael Sacksteder] [Entered: 03/20/2018 03:53 PM]
3/20/2018Corrected Entry of appearance for Michael J. Sacksteder as principal counsel for Appellee Incapsula, Inc.. Service: 03/20/2018 by email. [506751] [18-1644] [Michael Sacksteder] [Entered: 03/20/2018 03:49 PM]
3/20/201819NOTICE OF DEFICIENCY: The certificate of interest Document No. [15] filed by Appellee Incapsula, Inc. in 18-1644 is without a proof of service and therefore cannot be accepted for filing at this time. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [506507] [CFT] [Entered: 03/20/2018 10:00 AM]
3/20/201818NOTICE OF DEFICIENCY: The attorney entry of appearance Document No. [14] filed by Appellee Incapsula, Inc. in 18-1644 is without a proof of service and therefore cannot be accepted for filing at this time. You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [506495] [CFT] [Entered: 03/20/2018 09:55 AM]
3/20/201817CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance Docket No. [10], ERROR: The contact information included on the entry of appearance (EOA) for Christopher Freeman does not match the information in the attorney's user account. CORRECTION: Pursuant to FCR 47.3(c)(1), please update as needed to ensure the contact information on the EOA and in the user account matches. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [506494] [CFT] [Entered: 03/20/2018 09:53 AM]
3/19/2018Docketing Statement for the Appellee Incapsula, Inc.. Service: 03/19/2018 by email. [506408] [18-1644] [Virginia DeMarchi] [Entered: 03/19/2018 11:22 PM]
3/19/201815Certificate of Interest for the Appellee Incapsula, Inc.. Service: 03/19/2018 by email. [506407] [18-1644] [Virginia DeMarchi] [Entered: 03/19/2018 11:19 PM]
3/19/201814Entry of appearance for Michael J. Sacksteder as principal counsel for Appellee Incapsula, Inc.. Service: 03/19/2018 by email. [506405] [18-1644] [Virginia DeMarchi] [Entered: 03/19/2018 11:16 PM]
3/19/2018Certificate of Interest for the Appellant Blackbird Tech LLC. Service: 03/19/2018 by email. [506392] [18-1644] [Stamatios Stamoulis] [Entered: 03/19/2018 09:13 PM]
3/19/2018Docketing Statement for the Appellant Blackbird Tech LLC. Service: 03/19/2018 by email. [506391] [18-1644] [Stamatios Stamoulis] [Entered: 03/19/2018 09:10 PM]
3/19/2018Entry of appearance for Wendy Verlander as of counsel for Appellant Blackbird Tech LLC. Service: 03/19/2018 by email. [506390] [18-1644] [Stamatios Stamoulis] [Entered: 03/19/2018 09:08 PM]
3/19/2018Entry of appearance for Christopher Freeman as of counsel for Appellant Blackbird Tech LLC. Service: 03/19/2018 by email. [506389] [18-1644] [Stamatios Stamoulis] [Entered: 03/19/2018 09:06 PM]
3/19/2018Entry of appearance for Stamatios Stamoulis as principal counsel for Appellant Blackbird Tech LLC. Service: 03/19/2018 by email. [506388] [18-1644] [Stamatios Stamoulis] [Entered: 03/19/2018 09:01 PM]
3/19/2018Docketing Statement for the Appellee CloudFlare, Inc.. Service: 03/19/2018 by email. [506203] [18-1644] [Steven Callahan] [Entered: 03/19/2018 01:18 PM]
3/19/2018Certificate of Interest for the Appellee CloudFlare, Inc.. Service: 03/19/2018 by email. [506201] [18-1644] [Steven Callahan] [Entered: 03/19/2018 01:17 PM]
3/19/2018Entry of appearance for Steven Callahan as of counsel for Appellee CloudFlare, Inc.. Service: 03/19/2018 by email. [506200] [18-1644] [Steven Callahan] [Entered: 03/19/2018 01:15 PM]
3/19/2018Entry of appearance for Anthony Garza as principal counsel for Appellee CloudFlare, Inc.. Service: 03/19/2018 by email. [506199] [18-1644] [Steven Callahan] [Entered: 03/19/2018 01:14 PM]
3/9/20184Note to file: The following cases are associated:18-1644 (lead) with 18-1648 (consol.). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [503919] [18-1644, 18-1648] [SMJ] [Entered: 03/09/2018 03:21 PM]
3/9/20183Official caption revised to reflect addition of consolidated appeal. The official caption is reflected on the electronic docket under the listing of the parties and counsel. Service as of this date by the Clerk of Court. [503917] [SMJ] [Entered: 03/09/2018 03:20 PM]
3/9/2018
  • Order
ORDER consolidating appeals, modifying the official caption. Service as of this date by the Clerk of Court. [503909] [18-1644, 18-1648] [SMJ] [Entered: 03/09/2018 03:15 PM]
3/5/2018Appeal docketed. Received: 02/27/2018. [502495]
Entry of Appearance due 03/19/2018. Certificate of Interest is due on 03/19/2018. Docketing Statement due 03/19/2018. Appellant/Petitioner's brief is due 05/04/2018. [SMJ] [Entered: 03/05/2018 11:41 AM]