TriPlay Inc. et al v. WhatsApp Inc.

1:13-cv-01703 | Delaware District Court

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Division Wilmington
Judge Judge Leonard P. Stark
Filed Oct. 15, 2013
Terminated Aug. 8, 2018
Case Flags CLOSED and PATENT
Nature of Suit 830 Patent
Cause 35:271 Patent Infringement
Jury Demand Plaintiff
Last Updated: 4 years, 7 months ago Show Interactive Timeline
Filing Date # Docket Text
8/8/2019Joint STATUS REPORT by TriPlay Inc.. (Schladweiler, Benjamin) (Entered: 08/08/2019)
8/1/2019178
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due August 8, 2019. ORDERED by Judge Leonard P. Stark on 8/1/19. (ntl) (Entered: 08/01/2019)
7/29/2019MANDATE of USCA as to 174 Notice of Appeal (Federal Circuit) filed by TriPlay Inc. (ntl) (Entered: 07/29/2019)
6/21/2019
  • Order
ORDER of USCA as to 174 Notice of Appeal (Federal Circuit) filed by TriPlay Inc. Decision of USCA: AFFIRMED. (ntl) (Entered: 06/21/2019)
8/17/2018NOTICE of Docketing Record on Appeal from USCA for the Federal Circuit re 174 Notice of Appeal (Federal Circuit) filed by TriPlay Inc. USCA Case Number 18-2265. (ntl) (Entered: 08/17/2018)
8/13/2018Notice of Appeal and Docket Sheet to US Court of Appeals for the Federal Circuit re 174 Notice of Appeal (Federal Circuit). (nmg) (Entered: 08/13/2018)
8/13/2018Notification regarding 174 Notice of Appeal (Federal Circuit) sent to Reporter Gaffigan (nmg) (Entered: 08/13/2018)
8/10/2018APPEAL - Credit Card Payment of $505.00 received re 174 Notice of Appeal (Federal Circuit) filed by TriPlay Inc.. ( Filing fee $505, receipt number 0311-2437607.) (Schladweiler, Benjamin) (Entered: 08/10/2018)
8/10/2018 NOTICE OF APPEAL to the Federal Circuit of 171 Memorandum and Order, 162 Order, 161 Memorandum Opinion . Appeal filed by TriPlay Inc.. (Schladweiler, Benjamin) (Entered: 08/10/2018)
8/8/2018
  • Motion for Judgment
FINAL JUDGMENT in favor of WhatsApp and against TriPlay (CASE CLOSED). Signed by Judge Leonard P. Stark on 8/8/18. (ntl) (Entered: 08/08/2018)
8/2/2018Joint STIPULATION and [Proposed] Final Judgment by TriPlay Inc.. (Attachments: # 1 Text of Proposed Order)(Schladweiler, Benjamin) (Entered: 08/02/2018)
7/24/2018
  • Motion for ReconsiderationDenied
MEMORANDUM ORDER re 165 MOTION for Reconsideration filed by TriPlay Inc. is DENIED. Signed by Judge Leonard P. Stark on 7/24/18. (ntl) (Entered: 07/24/2018)
5/7/2018170
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that this case is no longer referred to Magistrate Judge Burke. ORDERED by Judge Leonard P. Stark on 5/7/18. (ntl) (Entered: 05/07/2018)
4/24/2018
  • Motion for Reconsiderationby Δ
ANSWERING BRIEF in Opposition re 165 MOTION for Reconsideration re 162 Order and Leave to File a Fourth Amended Complaint filed by WhatsApp Inc..Reply Brief due date per Local Rules is 5/1/2018. (Smith, Rodger) (Entered: 04/24/2018)
4/13/2018
  • Order
SO ORDERED, re 168 STIPULATION and [Proposed] Order re (a) Patent No. 9,055,416 and U.S. Patent No. 9,049,574 are withdrawn from this action; and (b) Counts III and IV of the Third Amended Complaint are dismissed with prejudice filed by TriPlay Inc. Signed by Judge Leonard P. Stark on 4/13/18. (ntl) (Entered: 04/13/2018)
4/12/2018
  • Motionby Π
STIPULATION and [Proposed] Order re (a) Patent No. 9,055,416 and U.S. Patent No. 9,049,574 are withdrawn from this action; and (b) Counts III and IV of the Third Amended Complaint are dismissed with prejudice by TriPlay Inc.. (Margolin, Steven) (Entered: 04/12/2018)
4/11/2018Joint STATUS REPORT by TriPlay Inc.. (Margolin, Steven) (Entered: 04/11/2018)
4/10/2018 OPENING BRIEF in Support re 165 MOTION for Reconsideration re 162 Order and Leave to File a Fourth Amended Complaint filed by TriPlay Inc..Answering Brief/Response due date per Local Rules is 4/24/2018. (Schladweiler, Benjamin) (Entered: 04/10/2018)
4/10/2018
  • Motion for Reconsiderationby Π
MOTION for Reconsideration re 162 Order and Leave to File a Fourth Amended Complaint - filed by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schladweiler, Benjamin) (Entered: 04/10/2018)
4/5/2018164
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that a joint status report is due April 11, 2018. ORDERED by Judge Leonard P. Stark on 4/5/18. (ntl) (Entered: 04/05/2018)
3/29/2018Joint STATUS REPORT by TriPlay Inc.. (Margolin, Steven) (Entered: 03/29/2018)
3/27/2018
  • Motion to Dismiss (Demurrer)Granted
ORDER re 161 Memorandum Opinion -- 145 REPORT AND RECOMMENDATION is REJECTED and 120 MOTION to Dismiss filed by WhatsApp Inc. is GRANTED. Signed by Judge Leonard P. Stark on 3/27/18. (ntl) (Entered: 03/27/2018)
3/27/2018
  • Motion to Dismiss (Demurrer)
MEMORANDUM OPINION re 145 Report and Recommendation and 120 motion to dismiss. Signed by Judge Leonard P. Stark on 3/27/18. (ntl) (Entered: 03/27/2018)
3/20/2018 Letter to The Honorable Leonard P. Stark from Steven T. Margolin regarding WhatsApp's March 16, 2018 Notice of Supplemental Authority - re 159 Notice (Other). (Margolin, Steven) (Entered: 03/20/2018)
3/16/2018 NOTICE of Supplemental Authority in Support of Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint by WhatsApp Inc. re 120 MOTION to Dismiss (Smith, Rodger) (Entered: 03/16/2018)
3/13/2018 NOTICE of Withdrawal as Counsel of Record by TriPlay Inc. (Stuhlman, Gregory) (Entered: 03/13/2018)
3/13/2018NOTICE of Appearance by Steven T. Margolin on behalf of TriPlay Inc. (Margolin, Steven) (Entered: 03/13/2018)
3/12/2018Official Transcript of Oral Argument Hearing held on February 26, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone No. (302) 573-6360. Transcript may be viewed at the court public terminal or 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 4/2/2018. Redacted Transcript Deadline set for 4/12/2018. Release of Transcript Restriction set for 6/11/2018.(bpg) (Entered: 03/12/2018)
2/28/2018Official Transcript of Oral Argument Hearing held on February 26, 2018 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or 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 3/21/2018. Redacted Transcript Deadline set for 4/2/2018. Release of Transcript Restriction set for 5/29/2018. (bpg) (Entered: 02/28/2018)
2/26/2018Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 2/26/2018. (Court Reporter B. Gaffigan.) (ntl) (Entered: 02/26/2018)
2/15/2018 NOTICE of Subsequent Authority by TriPlay Inc. re 150 Response to Objections, (Attachments: # 1 Exhibit A-B)(Stuhlman, Gregory) (Entered: 02/15/2018)
1/26/2018153
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that: (i) the Court will hear argument on the objections to the R&R on February 26, 2018 at 11 a.m., with each side to be allotted up to forty-five (45) minutes: and (ii) the Court will refrain from entering a scheduling order until after the forthcoming hearing. ORDERED by Judge Leonard P. Stark on 1/26/18. (ntl) (Entered: 01/26/2018)
1/19/2018 NOTICE of Withdrawal As Counsel of Record by TriPlay Inc. (Giusini, Brittany) (Entered: 01/19/2018)
1/10/2018REQUEST for Oral Argument by WhatsApp Inc.. (Smith, Rodger) (Entered: 01/10/2018)
1/8/2018
  • Motion to Dismiss (Demurrer)by ΠDenied
RESPONSE TO OBJECTIONS by TriPlay Inc. re 147 Objection to Report and Recommendations TriPlay's Response to WhatsApp's Objections to Report and Recommendation Denying WhatsApp's Motion to Dismiss the Complaint. (Stuhlman, Gregory) (Entered: 01/08/2018)
12/22/2017 Letter to The Honorable Christopher J. Burke from Rodger D. Smith II regarding TriPlay's letter to the Court dated December 20, 2017 - re 148 Letter. (Smith, Rodger) (Entered: 12/22/2017)
12/20/2017 Letter to The Honorable Christopher J. Burke from Gregory E. Stuhlman, Esquire regarding application of Chief Judge Stark's Revised Patent Case Procedures and Issuance of Case Management Order. (Stuhlman, Gregory) (Entered: 12/20/2017)
12/14/2017OBJECTION to 145 Report and Recommendations by WhatsApp Inc.. (Attachments: # 1 Certification)(Tigan, Jeremy) (Entered: 12/14/2017)
11/22/2017
  • Order
SO ORDERED D.I. 146 STIPULATION TO EXTEND TIME (1) to File Objections to R&R and (2) to File Responses to Objections to R&R to (1) December 14, 2017 and (2) January 7, 2018 filed by WhatsApp Inc. Ordered by Judge Christopher J. Burke on 11/22/2017. (dlb) (Entered: 11/22/2017)
11/22/2017 STIPULATION TO EXTEND TIME (1) to File Objections to R&R and (2) to File Responses to Objections to R&R to (1) December 14, 2017 and (2) January 7, 2018 - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 11/22/2017)
11/20/2017
  • Order
REPORT AND RECOMMENDATIONS recommending DENYING D.I. 120 MOTION to Dismiss filed by WhatsApp Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 12/4/2017. Signed by Judge Christopher J. Burke on 11/20/2017. (mlc) (Entered: 11/20/2017)
11/10/2017 Letter to The Honorable Christopher J. Burke from Gregory E. Stuhlman regarding WhatsApp Inc.'s Notice of Supplemental Authority - re 143 Notice (Other). (Stuhlman, Gregory) (Entered: 11/10/2017)
11/8/2017 NOTICE of Supplemental Authority by WhatsApp Inc. re 120 MOTION to Dismiss Third Amended Complaint (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 11/08/2017)
10/20/2017Official Transcript of Motion Hearing held on October 11, 2017 before Judge Christopher J. Burke. Court Reporter Stacy Ingram of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or 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 11/13/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (bpg) (Entered: 10/20/2017)
10/17/2017 NOTICE of Supplemental Authority by WhatsApp Inc. re 120 MOTION to Dismiss (Smith, Rodger) (Entered: 10/17/2017)
10/13/2017 Letter to The Honorable Christopher J. Burke from Gregory E. Stuhlman regarding claims that should be addressed in the forthcoming Report and Recommendation - re Motion Hearing,,. (Stuhlman, Gregory) (Entered: 10/13/2017)
10/11/2017Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 10/11/2017 regarding D.I. 120 MOTION to Dismiss filed by WhatsApp Inc. Matter taken under advisement. The Court ordered Plaintiff's counsel to submit a letter by October 13, 2017 setting out the claims that should be addressed in the forthcoming Report and Recommendation. (Court Reporter Stacey Ingram (Hawkins). Clerk: Crawford) Appearances: D. Weider, J. Kislin for Plaintiff; R. Smith, D. Lumish, G. Bell for Defendant. (mlc) (Entered: 10/11/2017)
9/18/2017
  • Order
ORAL ORDER Setting Hearing on D.I. 120 MOTION to Dismiss: A Motion Hearing is set for 10/11/2017 at 02:00 PM in Courtroom 2A before Judge Christopher J. Burke. Each side will be allocated 45 minutes for argument. Ordered by Judge Christopher J. Burke on 9/18/2017. (mlc) (Entered: 09/18/2017)
9/18/2017
  • Motion to StayDenied
ORDER denying Defendant's Motion to Stay (D.I. 127 ). Signed by Judge Christopher J. Burke on 9/18/2017. (mlc) (Entered: 09/18/2017)
9/6/2017 Letter to The Honorable Christopher J. Burke from Gregory E. Stuhlman, Esquire regarding Stay Regarding IPR Impact Decision - re 137 Letter, 136 Letter. (Stuhlman, Gregory) (Entered: 09/06/2017)
9/5/2017 Letter to The Honorable Christopher J. Burke from Rodger D. Smith II regarding TriPlay's letter dated August 30, 2017 regarding WhatsApp's pending motion to stay - re 136 Letter. (Smith, Rodger) (Entered: 09/05/2017)
8/30/2017 Letter to The Honorable Christopher J. Burke from Gregory E. Stuhlman, Esquire regarding Patent Trials and Appeal Board final decisions. (Attachments: # 1 Exhibit A-B)(Stuhlman, Gregory) (Entered: 08/30/2017)
7/27/2017 Letter to The Honorable Christopher J. Burke from Rodger D. Smith II regarding TriPlay's letter dated July 24, 2017 regarding WhatsApp's pending motion to stay - re 134 Letter,. (Smith, Rodger) (Entered: 07/27/2017)
7/24/2017 Letter to The Honorable Christopher J. Burke from Brittany M. Giusini regarding WhatsApp's pending motion to stay - re 127 MOTION to Stay Pending Inter Partes Review of the Patents-In-Suit. (Attachments: # 1 Exhibit)(Giusini, Brittany) (Entered: 07/24/2017)
5/18/2017 DECLARATION re 132 Reply Brief -- Declaration of Yasamin Parsafar -- by WhatsApp Inc.. (Attachments: # 1 Exhibit H)(Smith, Rodger) (Entered: 05/18/2017)
5/18/2017
  • Motion to Stay Pending Inter Partes Reviewby Δ
REPLY BRIEF re 127 MOTION to Stay Pending Inter Partes Review of the Patents-In-Suit filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 05/18/2017)
5/12/2017CORRECTING ENTRY: Exhibits 1-3 removed from D.I. 130 and added to D.I. 131 per request of counsel. (ntl) (Entered: 05/12/2017)
5/11/2017 DECLARATION re 130 Answering Brief in Opposition, Declaration of Douglas R. Weider In Support of Plaintiff Triplay, Inc.'s Answering Brief In Opposition to Defendant Whatsapp Inc.'s Motion to Stay Pending Inter Partes Review of the Patents-In-Suit by TriPlay Inc.. (Stuhlman, Gregory) (Additional attachment(s) added on 5/12/2017: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (ntl). (Entered: 05/11/2017)
5/11/2017
  • Motion to Stay Pending Inter Partes Review
ANSWERING BRIEF in Opposition re 127 MOTION to Stay Pending Inter Partes Review of the Patents-In-Suit Plaintiff Triplay, Inc.'s Answering Brief in Opposition to Defendant Whatsapp Inc.'s Motion to Stay filed by TriPlay Inc. Reply Brief due date per Local Rules is 5/18/2017. (Stuhlman, Gregory) Modified on 5/12/2017 (ntl). (Entered: 05/11/2017)
4/27/2017 DECLARATION re 128 Opening Brief in Support -- Declaration of Yasamin Parsafar -- by WhatsApp Inc.. (Attachments: # 1 Exhibits A-G)(Smith, Rodger) (Entered: 04/27/2017)
4/27/2017 OPENING BRIEF in Support re 127 MOTION to Stay Pending Inter Partes Review of the Patents-In-Suit filed by WhatsApp Inc..Answering Brief/Response due date per Local Rules is 5/11/2017. (Smith, Rodger) (Entered: 04/27/2017)
4/27/2017
  • Motion to Stay Pending Inter Partes Reviewby Δ
MOTION to Stay Pending Inter Partes Review of the Patents-In-Suit - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 04/27/2017)
1/25/2017REQUEST for Oral Argument by TriPlay Inc. re 120 MOTION to Dismiss. (Stuhlman, Gregory) (Entered: 01/25/2017)
1/23/2017NOTICE requesting Clerk to remove Natasa Pajic as co-counsel. Reason for request: No longer with the firm. (Smith, Rodger) (Entered: 01/23/2017)
1/23/2017
  • Motion to Dismiss (Demurrer)by Δ
REPLY BRIEF re 120 MOTION to Dismiss Third Amended Complaint filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 01/23/2017)
1/13/2017 AFFIDAVIT of Douglas R. Weider re 122 Answering Brief in Opposition to Defendant's Motion to Dismiss 3d Amended Complaint filed by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Stuhlman, Gregory) (Entered: 01/13/2017)
1/13/2017
  • Motion to Dismiss (Demurrer)by Π
ANSWERING BRIEF in Opposition re 120 MOTION to Dismiss filed by TriPlay Inc..Reply Brief due date per Local Rules is 1/20/2017. (Stuhlman, Gregory) (Entered: 01/13/2017)
12/15/2016
  • Motion
MOTION REFERRED: 120 MOTION to Dismiss Motion referred to Christopher J. Burke.(dlk) (Entered: 12/16/2016)
12/15/2016 OPENING BRIEF in Support re 120 MOTION to Dismiss filed by WhatsApp Inc..Answering Brief/Response due date per Local Rules is 12/29/2016. (Attachments: # 1 Exhibits A-B)(Smith, Rodger) (Entered: 12/15/2016)
12/15/2016
  • Motion to Dismiss (Demurrer)by Δ
MOTION to Dismiss - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 12/15/2016)
11/29/2016
  • Order
SO ORDERED D.I. 119 STIPULATION TO EXTEND TIME regarding Briefing Schedule on WhatsApp's Motion to Dismiss. The briefing schedule set out in D.I. 111 is modified as follows: (1) WhatsApp's Opening Brief regarding its Motion shall be due on December 15, 2016;(2) TriPlay's Answering Brief regarding Section 101 shall be due on January 13, 2017; and(3) WhatsApp's Reply Brief regarding Section 101 shall be due on January 23, 2017.Ordered by Judge Christopher J. Burke on 11/29/2016. (mlc) (Entered: 11/29/2016)
11/29/2016 STIPULATION TO EXTEND TIME regarding Briefing Schedule on WhatsApp's Motion to Dismiss to various (see Stipulation for details) - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 11/29/2016)
11/15/2016
  • Order
MEMORANDUM ORDER re 108 REPORT AND RECOMMENDATION is ADOPTED in all respects re claim construction. Signed by Judge Leonard P. Stark on 11/15/16. (ntl) (Entered: 11/15/2016)
9/6/2016 Letter to The Honorable Leonard P. Stark from Rodger D. Smith II regarding the status of related proceedings before the Patent Trial and Appeals Board. (Smith, Rodger) (Entered: 09/06/2016)
8/16/2016CORRECTING ENTRY: Corrected main document added to D.I. 116 per request of counsel. (ntl) (Entered: 08/16/2016)
8/15/2016
  • Response
RESPONSE TO OBJECTIONS by WhatsApp Inc. re 113 Objection to Report and Recommendations . (Attachments: # 1 Exhibits A-D)(Smith, Rodger) (Main Document 116 replaced on 8/16/2016) (ntl). (Entered: 08/15/2016)
8/15/2016
  • Motion for Claim Constructionby Π
RESPONSE TO OBJECTIONS by TriPlay Inc. re 112 Objections, Plaintiff's Response To WhatsApp's Objections To Report And Recommendation Regarding Claim Construction. (Stuhlman, Gregory) (Entered: 08/15/2016)
7/28/2016 DECLARATION re 113 Objection to Report and Recommendations Declaration Of Gregory E. Stuhlman In Support Of Plaintiff's Objections To Magistrate Judge Burke's Report And Recommendation Regarding Claim Construction by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Stuhlman, Gregory) (Entered: 07/28/2016)
7/28/2016OBJECTION to 108 Report and Recommendations Plaintiff's Objections To Magistrate Judge Burke's Report And Recommendation Regarding Claim Construction by TriPlay Inc.. (Stuhlman, Gregory) (Entered: 07/28/2016)
7/28/2016 OBJECTIONS by WhatsApp Inc. to 108 REPORT AND RECOMMENDATIONS. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten . (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 07/28/2016)
7/26/2016
  • Order
SO ORDERED D.I. 111 Stipulation that (1) Defendants opening brief regarding Section 101 shall be filed 21 days after Chief Judge Stark issues his decision on objections to the Courts Report and Recommendation regarding claim construction; (2) Plaintiffs answering brief regarding Section 101 shall be due 21 days after Defendants opening brief is filed; and (3) Defendants reply brief shall be due 10 days after plaintiffs opposition brief is filed. Ordered by Judge Christopher J. Burke on 7/26/2016. (dlk) (Entered: 07/26/2016)
7/26/2016
  • Motionby Δ
STIPULATION and [Proposed] Order Regarding Section 101 Briefing by WhatsApp Inc.. (Smith, Rodger) (Entered: 07/26/2016)
7/19/2016
  • Order
ORAL ORDER: After consideration of the parties' letter submission, (D.I. 110), and their arguments during the July 18, 2016 teleconference, the Court hereby ORDERS that: (1) the process of resolving Defendant's forthcoming Section 101 motion will not move forward until Chief Judge Stark issues a decision on objections to the pending claim construction Report and Recommendation, (D.I. 108); and (2) the parties shall submit a joint, proposed Section 101 briefing schedule, by no later than July 26, 2016, that times the submission of briefs from the date on which Chief Judge Stark issues his decision on objections to the Court's Report and Recommendation regarding claim construction. Ordered by Judge Christopher J. Burke on 7/19/2016. (dsj) (Entered: 07/19/2016)
7/18/2016Minute Entry for proceedings held before Judge Christopher J. Burke - Status Teleconference held on 7/18/2016. The Court took the parties' arguments regarding scheduling under advisement and will issue an order shortly. Appearances: G. Stuhlman, D. Weider for Plaintiff; R. Smith, R. Frenkel, G. Bell for Defendant. (Court Reporter Taneha Carroll (Hawkins). Clerk: Jacobs) (dsj) (Entered: 07/18/2016)
7/13/2016
  • Order
ORDER Setting Teleconference: A Telephone Conference is set for 7/18/2016 at 11:00 AM before Judge Christopher J. Burke to discuss issues raised in letter filed at D.I. 110. Counsel for Plaintiffs to initiate the call. Ordered by Judge Christopher J. Burke on 7/13/2016. (dlk) (Entered: 07/13/2016)
7/11/2016 Letter to Hon. Christopher J. Burke from Gregory E. Stuhlman, Esq. regarding Joint letter to Court requesting teleconference - re Oral Order,,. (Stuhlman, Gregory) (Entered: 07/11/2016)
7/11/2016
  • Order
SO ORDERED D.I. 109 STIPULATION TO EXTEND TIME for Objections to Magistrate Report to July 28, 2016 filed by TriPlay Inc. Ordered by Judge Christopher J. Burke on 7/8/2016. (dlk) (Entered: 07/11/2016)
7/8/2016 STIPULATION TO EXTEND TIME for Objections to Magistrate Report to July 28, 2016 - filed by TriPlay Inc.. (Stuhlman, Gregory) (Entered: 07/08/2016)
7/1/2016
  • Order
ORAL ORDER: In light of the Court's Report and Recommendation regarding the construction of certain terms appearing in the representative claims identified by the parties, (D.I. 108), the Court hereby ORDERS that the parties meet and confer and submit a joint letter, by no later than July, 11, 2016, providing: (1) a proposed briefing schedule for Defendants' forthcoming Section 101 motion(s); and (2) a proposed date for oral argument on the same. Ordered by Judge Christopher J. Burke on 7/1/2016. (dsj) (Jacobs, Daniel) (Entered: 07/01/2016)
6/30/2016
  • Motion for Claim Construction
REPORT AND RECOMMENDATIONS regarding Claim Construction. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 7/18/2016. Signed by Judge Christopher J. Burke on 6/30/2016. (dsj) (Jacobs, Daniel) (Entered: 06/30/2016)
4/29/2016 NOTICE of Withdrawal As Counsel Of Record of E. Chaney Hall, Esq. on behalf of Plaintiff TriPlay, Inc. by TriPlay Inc. (Hall, Elizabeth) (Entered: 04/29/2016)
4/29/2016NOTICE of Appearance by Brittany M. Giusini on behalf of TriPlay Inc. (Giusini, Brittany) (Entered: 04/29/2016)
1/13/2016Official Transcript of Claim Construction Hearing held on November 19, 2015 before Magistrate Judge Christopher J. Burke. Court Reporter Taneha Carroll of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or 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 2/3/2016. Redacted Transcript Deadline set for 2/16/2016. Release of Transcript Restriction set for 4/12/2016. (bpg) (Entered: 01/13/2016)
11/30/2015Pro Hac Vice Attorney Douglas R. Weider for TriPlay 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. (klc) (Entered: 11/30/2015)
11/19/2015Minute Entry for proceedings held before Judge Christopher J. Burke - Markman Hearing held on 11/19/2015. (Court Reporter Taneha Carroll(Hawkins)) (dlk) (Entered: 01/08/2016)
11/18/2015
  • Order
ORAL ORDER: The Court hereby ADOPTS the parties' proposal (D.I. 104 ) as to the time allocation for the Markman hearing on November 19, 2015. Two and a half hours will be allocated for argument.. Ordered by Judge Christopher J. Burke on 11/18/2015. (mlc) (Entered: 11/18/2015)
11/17/2015 Letter to Hon. Christopher J. Burke from E. Chaney Hall, Esq. regarding Joint Letter in response to Court's Oral Order of November 10, 2015 - re Oral Order,,. (Hall, Elizabeth) (Entered: 11/17/2015)
11/12/2015CORRECTING ENTRY: Revised documents added to D.I. 103 per request of counsel. (ntl) (Entered: 11/12/2015)
11/10/2015
  • Motion for Claim Construction
Supplemental CLAIM CONSTRUCTION OPENING BRIEF filed by WhatsApp Inc.. (Attachments: # 1 Exhibits A-B)(Smith, Rodger) (Main Document 103 replaced on 11/12/2015) (ntl). (Attachment 1 replaced on 11/12/2015) (ntl). (Entered: 11/10/2015)
11/10/2015
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that: The parties shall meet and confer regarding the upcoming Claim Construction Hearing and shall jointly inform the Court by letter, no later than November 17, 2015, of: (1) whether either party requests leave to present testimony at the hearing; (2) the amount of time the parties are requesting be allocated to them for the hearing; (3) the order in which the parties will present the disputed claim terms; and (4) which party will address each term first. Ordered by Judge Christopher J. Burke on 11/10/2015. (dlk) (Entered: 11/10/2015)
10/27/2015 DECLARATION re 98 Answering Brief in Opposition, Supplemental Declaration Of Rajeev Surati, Ph.D. Submitted In Support Of TriPlay's Responsive Claim Construction Brief by TriPlay Inc.. (Attachments: # 1 Exhibit A)(Hall, Elizabeth) (Entered: 10/27/2015)
10/27/2015 DECLARATION re 98 Answering Brief in Opposition, Declaration Of Barry Schindler In Support Of TriPlay's Responsive Claim Construction Brief by TriPlay Inc.. (Hall, Elizabeth) (Entered: 10/27/2015)
10/27/2015
  • Motion for Claim Constructionby Δ
CLAIM CONSTRUCTION ANSWERING BRIEF re 93 Claim Construction Opening Brief filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 10/27/2015)
10/27/2015 DECLARATION re 98 Answering Brief in Opposition, Declaration Of Douglas R. Weider In Support Of Plaintiff TriPlay, Inc.'s Responsive Claim Construction Brief As To Terms Bearing On Patentability Under 35 U.S.C. § 101 by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 & 4)(Hall, Elizabeth) (Entered: 10/27/2015)
10/27/2015
  • Motion for Claim Constructionby Π
ANSWERING BRIEF in Opposition Plaintiff Triplay, Inc.'s Responsive Claim Construction Brief As To Terms Bearing On Patentability Under 35 U.S.C. § 101 filed by TriPlay Inc..Reply Brief due date per Local Rules is 11/6/2015. (Hall, Elizabeth) (Entered: 10/27/2015)
10/16/2015
  • Motion to Extend Time
SO ORDERED, re 97 Joint STIPULATION TO EXTEND TIME Regarding Rajeev Suratie Deposition and Defendant's Supplemental Brief to November 5, 2015 (Rajeev Surati Deposition); November 10, 2015 (Supplemental Brief) filed by WhatsApp Inc. Ordered by Judge Christopher J. Burke on 10/16/2015. (dlk) (Entered: 10/16/2015)
10/15/2015Joint STIPULATION TO EXTEND TIME Regarding Rajeev Suratie Deposition and Defendant's Supplemental Brief to November 5, 2015 (Rajeev Surati Deposition); November 10, 2015 (Supplemental Brief) - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 10/15/2015)
10/6/2015
  • Motion for Claim Constructionby Δ
CLAIM CONSTRUCTION OPENING BRIEF filed by WhatsApp Inc.. (Attachments: # 1 Exhibits A-G)(Smith, Rodger) (Entered: 10/06/2015)
10/6/2015 DECLARATION re 93 Claim Construction Opening Brief // Declaration of Rajeev Surati, Ph.D. Submitted in Support of TriPlay's Opening Claim Construction Brief by TriPlay Inc.. (Attachments: # 1 Exhibit A)(Hall, Elizabeth) (Entered: 10/06/2015)
10/6/2015 DECLARATION re 93 Claim Construction Opening Brief // Declaration of Douglas R. Weider in Support of Plaintiff TriPlay, Inc.'s Opening Claim Construction Brief as to Terms Bearing on Patentability under 35 U.S.C. Section 101 by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hall, Elizabeth) (Entered: 10/06/2015)
10/6/2015
  • Motion for Claim Constructionby Π
CLAIM CONSTRUCTION OPENING BRIEF as to Terms Bearing on Patentability under 35 U.S.C. Section 101 filed by TriPlay Inc.. (Hall, Elizabeth) (Entered: 10/06/2015)
10/2/2015
  • Order
ORAL ORDER Setting Hearing: A Markman Hearing is set for 11/19/2015 at 01:30 PM in Courtroom 2A before Judge Christopher J. Burke. Time allocations to be determined. Ordered by Judge Christopher J. Burke on 10/2/2015. (dlk) (Entered: 10/02/2015)
10/2/2015Minute Entry for proceedings held before Judge Christopher J. Burke - Status/Scheduling Teleconference held on 10/2/2015. The Court will set a Markman Hearing and then address any renewed motions to dismiss. (Court Reporter Hawkins) (dlk) (Entered: 10/02/2015)
9/29/2015
  • Order
SO ORDERED D.I. 91 STIPULATION TO EXTEND TIME for Claim Construction Opening Brief and Answering Brief to Opening Brief due Oct. 6, 2015; Answering Brief due Oct. 27, 2015 filed by TriPlay Inc. Ordered by Judge Christopher J. Burke on 9/29/2015. (dlk) (Entered: 09/29/2015)
9/29/201592CASE REFERRED to Magistrate Judge Christopher J. Burke (See D.I. 86 ). (ntl) (Entered: 09/29/2015)
9/25/2015 STIPULATION TO EXTEND TIME for Claim Construction Opening Brief and Answering Brief to Opening Brief due Oct. 6, 2015; Answering Brief due Oct. 27, 2015 - filed by TriPlay Inc.. (Hall, Elizabeth) (Entered: 09/25/2015)
9/23/2015NOTICE of Appearance by Elizabeth Chaney Hall on behalf of TriPlay Inc. (Hall, Elizabeth) (Entered: 09/23/2015)
9/23/2015NOTICE requesting Clerk to remove Eve M. Ormerod as co-counsel. Reason for request: No longer with the firm. (Ormerod, Eve) (Entered: 09/23/2015)
9/23/2015Official Transcript of Oral Argument Hearing held on August 18, 2015 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or 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 10/14/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/22/2015.(bpg) (Entered: 09/23/2015)
9/22/2015
  • Motion to Extend Time
SO ORDERED, re 87 Stipulation and Order to Extend Time filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 9/22/15. (ntl) (Entered: 09/22/2015)
9/17/2015
  • Motion to Extend Timeby Δ
Joint STIPULATION and [Proposed] Order to Extend Time to Answer the Third Amended Complaint by WhatsApp Inc.. (Smith, Rodger) (Entered: 09/17/2015)
9/17/2015
  • Order
ORAL ORDER setting Scheduling Conference: A Scheduling Telephone Conference is set for October 2, 2015 at 11:00 a.m. before Judge Christopher J. Burke to discuss the District Court's Oral Order (D.I 86). During the Telephone Conference, the Court will address with the parties when and how any renewed motions to dismiss should be filed and briefed, and how that briefing schedule should be timed in relation to the resolution of the matter of claim construction. Counsel for Plaintiffs shall initiate the call.Ordered by Judge Christopher J. Burke on 9/17/2015. (dlk) (Entered: 09/17/2015)
9/11/201586
  • Order
ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that all issues of claim construction addressed in the parties' Joint Submission Addressing the Items Requested by the Court's Oral Order of August 25, 2015 (D.I. 84) ("Joint Submission") are referred to Magistrate Judge Christopher J. Burke and shall be briefed according to the parameters specified in the parties' Joint Stipulation and [Proposed] Order Regarding Claim Construction Briefing (D.I. 84-1). IT IS FURTHER ORDERED that Defendant's Motions to Dismiss (D.I. 7, 58) are DENIED WITHOUT PREJUDICE to renew either after or in connection with Judge Burke's resolution of the claim construction issues addressed in the parties' Joint Submission (D.I. 84), and any such renewed motions shall be referred to Judge Burke. It shall be for Judge Burke to determine when and how such motions should be filed and briefed. ORDERED by Judge Leonard P. Stark on 9/11/15. (ntl) (Entered: 09/11/2015)
9/11/2015
  • Motion for Claim Construction
SO ORDERED, re 84 Joint Stipulation and Order Regarding Claim Construction Briefing -- Claim Construction Answering Brief due by 10/22/2015. Claim Construction Opening Brief due by 10/1/2015. Signed by Judge Leonard P. Stark on 9/11/15. (ntl) (Entered: 09/11/2015)
9/9/2015 NOTICE of Joint Submission Addressing the Items Requested by the Court's Oral Order of August 25, 2015 by TriPlay Inc. re 82 Oral Order,,,, (Attachments: # 1 Exhibit A)(Ormerod, Eve) (Entered: 09/09/2015)
9/4/2015SO ORDERED, re 83 Joint STIPULATION TO EXTEND TIME to file the Joint Submission in Response to the Court's Oral Order of August 25, 2015 to September 9, 2015 filed by TriPlay Inc. Signed by Judge Leonard P. Stark on 9/4/15. (ntl) (Entered: 09/04/2015)
9/3/2015Joint STIPULATION TO EXTEND TIME to file the Joint Submission in Response to the Court's Oral Order of August 25, 2015 to September 9, 2015 - filed by TriPlay Inc.. (Ormerod, Eve) (Entered: 09/03/2015)
8/25/201582
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that, no later than September 8, 2015, Plaintiffs and Defendant shall meet and confer and submit 1) a list of representative claims of U.S. Patent Nos. 8,332,475 (the "'475 patent") and 8,874,677 (the "'677 patent") that will adequately represent all claims of the '475 and '677 patents for purposes of deciding Defendant's motions to dismiss based on Section 101 (see, e.g., D.I. 7, 58); 2) a proposed claim construction briefing schedule; and 3) a list of those claim term(s)/phrase(s) that the parties believe need construction and their proposed claim constructions of these term(s)/phrase(s). Nothing in this Order precludes Defendant from agreeing to accept Plaintiffs' proposed representative claims and claim constructions for purposes of the Court deciding Defendant's Section 101 challenges. IT IS FURTHER ORDERED that discovery in this case is hereby STAYED until resolution of Defendant's Section 101 motions (whether by resolution of the already-filed motions, see D.I. 7, 58, or any renewed motion to dismiss), including all related claim construction issues. ORDERED by Judge Leonard P. Stark on 8/25/15. (ntl) (Entered: 08/25/2015)
8/21/2015 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by TriPlay Inc.. (Ormerod, Eve) (Entered: 08/21/2015)
8/21/2015
  • Complaint
Third AMENDED COMPLAINT against WhatsApp Inc.- filed by TriPlay Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ormerod, Eve) (Entered: 08/21/2015)
8/18/2015Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held on 8/18/2015. (Court Reporter B. Gaffigan.) (ntl) (Entered: 08/19/2015)
8/17/2015 Letter to The Honorable Leonard P. Stark from Rodger D. Smith II regarding claim construction issues - re 75 Letter, 77 Letter. (Smith, Rodger) (Entered: 08/17/2015)
8/17/2015 Letter to the Honorable Leonard P. Stark from Eve H. Ormerod, Esq. regarding Responding to WhatsApp's August 16, 2015 Letter - re 76 Letter, 72 Memorandum and Order. (Ormerod, Eve) (Entered: 08/17/2015)
8/17/2015 Letter to the Honorable Loenard P. Stark from Eve H. Ormerod, Esq. regarding Responding to WhatsApp's August 14, 2015 Letter - re 74 Letter, 72 Memorandum and Order. (Ormerod, Eve) (Entered: 08/17/2015)
8/16/2015 Letter to The Honorable Leonard P. Stark from Rodger D. Smith II regarding limitations of the '475 patent claims - re 72 Memorandum and Order. (Smith, Rodger) (Entered: 08/16/2015)
8/14/2015 Letter to The Honorable Leonard P. Stark from Eve H. Ormerod, Esquire regarding Claim Construction Issues That Should be Addressed Before Defendant May Renew its Motion to Dismiss - re 72 Memorandum and Order. (Ormerod, Eve) (Entered: 08/14/2015)
8/14/2015 Letter to The Honorable Leonard P. Stark from Rodger D. Smith II regarding claim construction issues - re 52 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objecti. (Smith, Rodger) (Entered: 08/14/2015)
8/13/2015 Letter to the Honorable Leonard P. Stark from Eve Ormerod regarding Addressing Claims 1 and 12 of the '475 Patent for Purposes of the Defendant's Motion to Dismiss - re 72 Memorandum and Order. (Ormerod, Eve) (Entered: 08/13/2015)
8/10/2015
  • Order
MEMORANDUM ORDER re 52 REPORT AND RECOMMENDATION is ADOPTED in all respects EXCEPT the recommendation to deny without prejudice to renew the Motion to Dismiss all claims other than claim 12. Signed by Judge Leonard P. Stark on 8/10/15. (ntl) (Entered: 08/10/2015)
7/28/2015
  • Order
SO ORDERED, re 71 Joint Stipulation and Order for TriPlay to File Third Amended Complaint filed by TriPlay Inc. Signed by Judge Leonard P. Stark on 7/28/15. (ntl) (Entered: 07/28/2015)
7/22/2015
  • Motion
Joint STIPULATION and [Proposed] Order for TriPlay to File Third Amended Complaint by TriPlay Inc.. (Attachments: # 1 Exhibit A to Stipulation, # 2 Exhibit A-D to Exhibit A, # 3 Exhibit E-G to Exhibit A, # 4 Exhibit B to Stipulation)(Ormerod, Eve) (Entered: 07/22/2015)
7/7/2015
  • Motion to Dismiss for Failure to State a Claimby Δ
REPLY BRIEF re 58 MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 07/07/2015)
6/29/2015CORRECTING ENTRY: PDF to D.I. 56 deleted and replaced per counsel's request on 6/29/2015. (rpg) (Entered: 06/29/2015)
6/26/201569
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the pending motions to dismiss on August 18, 2015 beginning at 10:00 a.m. Each side will be allocated up to one (1) hour to present its argument. ORDERED by Judge Leonard P. Stark on 6/26/15. (ntl) (Entered: 06/26/2015)
6/22/2015 DECLARATION re 67 Answering Brief in Opposition // Declaration of Douglas R. Weider in Support of TriPlay, Inc.'s Answering Brief in Opposition to Defendant WhatsApp Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint by TriPlay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Ormerod, Eve) (Entered: 06/22/2015)
6/22/2015
  • Motion to Dismiss for Failure to State a Claim
ANSWERING BRIEF in Opposition re 58 MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by TriPlay Inc..Reply Brief due date per Local Rules is 7/2/2015. (Ormerod, Eve) (Entered: 06/22/2015)
6/15/2015 Letter to The Honorable Leonard P. Stark from Rodger D. Smith II regarding plaintiff's request for a Rule 16 scheduling conference - re 64 Letter. (Smith, Rodger) (Entered: 06/15/2015)
6/15/2015 NOTICE of Supplemental Authority by WhatsApp Inc. re 7 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 06/15/2015)
6/15/2015
  • Motion to Extend Time
SO ORDERED, re 63 Joint STIPULATION TO EXTEND TIME Answering Brief in Oppostion to Deft's Motion to Dismiss Pltf's 2nd Am Comp to June 22, 2015 filed by TriPlay Inc. Signed by Judge Leonard P. Stark on 6/15/2015. (rpg) (Entered: 06/15/2015)
6/12/2015 Letter to The Honorable Leonard P. Stark from Eve H. Ormerod, Esq. regarding Plaintiff's Request For a Rule 16 Scheduling Conference. (Ormerod, Eve) (Entered: 06/12/2015)
6/12/2015Joint STIPULATION TO EXTEND TIME Answering Brief in Oppostion to Deft's Motion to Dismiss Pltf's 2nd Am Comp to June 22, 2015 - filed by TriPlay Inc.. (Ormerod, Eve) (Entered: 06/12/2015)
6/3/2015 DECLARATION re 61 Response to Objections, of Douglas R. Weider by TriPlay Inc.. (Attachments: # 1 Exhibit 1)(Ormerod, Eve) (Entered: 06/03/2015)
6/3/2015
  • Motion to Dismiss for Failure to State a Claim
RESPONSE TO OBJECTIONS by TriPlay Inc. re 55 Objections, 52 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objecti . (Ormerod, Eve) (Entered: 06/03/2015)
6/3/2015
  • Responseby Δ
RESPONSE TO OBJECTIONS by WhatsApp Inc. re 56 Objection to Report and Recommendations . (Smith, Rodger) (Entered: 06/03/2015)
6/3/2015CORRECTING ENTRY: The Oral Order entered by Judge Burke on 6/2/15 requiring a meet and confer re: Schedule has been removed from the docket as it was entered in this case in error. (dlk) (Entered: 06/03/2015)
5/28/2015 OPENING BRIEF in Support re 58 MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint filed by WhatsApp Inc..Answering Brief/Response due date per Local Rules is 6/15/2015. (Attachments: # 1 Exhibits A-C)(Smith, Rodger) (Entered: 05/28/2015)
5/28/2015
  • Motion to Dismiss for Failure to State a Claimby Δ
MOTION to Dismiss for Failure to State a Claim Plaintiff's Second Amended Complaint - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 05/28/2015)
5/27/2015
  • Motion to Extend Time to File Response
SO ORDERED, re 57 STIPULATION TO EXTEND TIME for Parties to file responses to Objections to the April 28, 2015 Report and Recommendation to June 3, 2015 filed by TriPlay Inc. Ordered by Judge Christopher J. Burke on 5/27/2015. (aer) (Entered: 05/27/2015)
5/27/2015 STIPULATION TO EXTEND TIME for Parties to file responses to Objections to the April 28, 2015 Report and Recommendation to June 3, 2015 - filed by TriPlay Inc.. (Ormerod, Eve) (Entered: 05/27/2015)
5/15/2015OBJECTION to 52 Report and Recommendations Regarding Motion to Dismiss for Failure to State a Claim by TriPlay Inc.. (Ormerod, Eve) (rpg). (Entered: 05/15/2015)
5/15/2015 OBJECTIONS by WhatsApp Inc. to 52 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objecti . (Smith, Rodger) (Entered: 05/15/2015)
5/15/2015
  • Motion to Extend Time
SO ORDERED, re 54 STIPULATION TO EXTEND TIME for Defendant to Respond to Second Amended Complaint to May 28, 2015 filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 5/15/15. (ntl) (Entered: 05/15/2015)
5/15/2015 STIPULATION TO EXTEND TIME for Defendant to Respond to Second Amended Complaint to May 28, 2015 - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 05/15/2015)
5/11/2015Pro Hac Vice Attorney Gabriel K. Bell for WhatsApp 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. (mas, ) (Entered: 05/11/2015)
5/1/2015 NOTICE of Withdrawal as Counsel of Kyle A. Virgien by WhatsApp Inc. (Smith, Rodger) (Entered: 05/01/2015)
4/28/2015
  • Order
REPORT AND RECOMMENDATIONS re D.I. 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc.. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 5/15/2015. Signed by Judge Christopher J. Burke on 4/28/2015. (dlk) (Entered: 04/28/2015)
4/17/2015 NOTICE of Subsequent Authority by TriPlay Inc. re 7 MOTION to Dismiss for Failure to State a Claim , 11 Answering Brief in Opposition (Attachments: # 1 Exhibit A)(Ormerod, Eve) (Entered: 04/17/2015)
3/19/2015CORRECTING ENTRY: docket text to d.i. 50 updated per counsel's request on 3/19/2015. (rpg) (Entered: 03/19/2015)
3/19/2015
  • Motion to Extend Time
SO ORDERED, re 48 STIPULATION TO EXTEND TIME for Defendant to Respond to Second Amended Complaint (D.I. 46) to twenty one (21) days after issuance of Magistrate Burke's decision on Motion to Dismiss (D.I. 7) filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 3/19/15. (ntl) (Entered: 03/19/2015)
3/19/2015 NOTICE of Subsequent Authority by TriPlay Ltd. re 7 MOTION to Dismiss for Failure to State a Claim , 11 Answering Brief in Opposition (Attachments: # 1 Exhibit A)(Ormerod, Eve) Modified on 3/19/2015 (rpg). (Entered: 03/19/2015)
3/18/2015Official Transcript of Telephone Conference held on February 27, 2015 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or 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 4/8/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/16/2015. (bpg) (Entered: 03/18/2015)
3/17/2015 STIPULATION TO EXTEND TIME for Defendant to Respond to Second Amended Complaint (D.I. 46) to twenty one (21) days after issuance of Magistrate Burke's decision on Motion to Dismiss (D.I. 7) - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 03/17/2015)
3/6/2015Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,332,475; 8,874,677; . (Ormerod, Eve) (Entered: 03/06/2015)
3/6/2015
  • Complaint
Second AMENDED COMPLAINT of TriPlay, Inc. against WhatsApp Inc.- filed by TriPlay Inc.. (Attachments: # 1 Exhibit A, B, # 2 Exhibit C, # 3 Exhibit D, E)(Ormerod, Eve) (Entered: 03/06/2015)
3/2/201545
  • Motion to File Amended ComplaintGranted
ORAL ORDER: For the reasons set forth by the Court during the teleconference on 2/27/15, IT IS HEREBY ORDERED that 31 MOTION for Leave to File Second Amended Complaint filed by TriPlay Ltd., TriPlay Inc. is GRANTED. Counsel shall electronically file the Second Amended Complaint within five days. ORDERED by Judge Leonard P. Stark on 3/2/15. (ntl) (Entered: 03/02/2015)
2/27/2015Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 2/27/2015. (Court Reporter B. Gaffigan.) (ntl) (Entered: 03/02/2015)
2/18/201544
  • Order
ORAL ORDER: IT IS HEREBY ORDERED that a teleconference has been scheduled for February 27, 2015 at 4:15 p.m. regarding the pending motion for leave to amend (D.I. 31). Counsel for Plaintiffs shall initiate the teleconference call to 302-573-4571. ORDERED by Judge Leonard P. Stark on 2/18/15. (ntl) (Entered: 02/18/2015)
1/30/2015 NOTICE of Subsequent Authority by TriPlay Inc., TriPlay Ltd. re 7 MOTION to Dismiss for Failure to State a Claim , 11 Answering Brief in Opposition (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ormerod, Eve) (Entered: 01/30/2015)
1/13/2015 NOTICE of Supplemental Authority in Support of WhatsApp's Motion to Dismiss (D.I. 7) by WhatsApp Inc. (Smith, Rodger) (Entered: 01/13/2015)
12/12/2014
  • Motion to File Amended Complaint
REPLY BRIEF re 31 MOTION for Leave to File Second Amended Complaint filed by TriPlay Inc., TriPlay Ltd.. (Ormerod, Eve) (Entered: 12/12/2014)
12/12/2014
  • Motion to Extend Time to File Reply
SO ORDERED, re 39 STIPULATION TO EXTEND TIME to File Reply Brief in Further Support of TriPlay's Motion for Leave to File Second Amended Complaint to December 12, 2014 filed by TriPlay Ltd., TriPlay Inc. Signed by Judge Leonard P. Stark on 12/12/14. (ntl) (Entered: 12/12/2014)
12/8/2014 NOTICE of Subsequent Authority by TriPlay Inc., TriPlay Ltd. with Exhibit A (Attachments: # 1 Exhibit A)(Ormerod, Eve) (Entered: 12/08/2014)
12/4/2014 STIPULATION TO EXTEND TIME to File Reply Brief in Further Support of TriPlay's Motion for Leave to File Second Amended Complaint to December 12, 2014 - filed by TriPlay Inc., TriPlay Ltd.. (Ormerod, Eve) (Entered: 12/04/2014)
11/26/2014 DECLARATION re 37 Answering Brief in Opposition to Motion for Leave to File Second Amended Complaint (Declaration of Richard G. Frenkel) by WhatsApp Inc.. (Attachments: # 1 Exhibits A-B)(Smith, Rodger) (Entered: 11/26/2014)
11/26/2014
  • Motion to File Amended Complaintby Δ
ANSWERING BRIEF in Opposition re 31 MOTION for Leave to File Second Amended Complaint filed by WhatsApp Inc..Reply Brief due date per Local Rules is 12/8/2014. (Smith, Rodger) (Entered: 11/26/2014)
11/21/2014
  • Motion to Extend Time to File Brief
SO ORDERED, re 36 STIPULATION TO EXTEND TIME for defendant to file Answering Brief in Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint (D.I. 31) to November 26, 2014 filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 11/21/14. (ntl) (Entered: 11/21/2014)
11/21/2014 STIPULATION TO EXTEND TIME for defendant to file Answering Brief in Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint (D.I. 31) to November 26, 2014 - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 11/21/2014)
11/18/2014 NOTICE of Subsequent Authority by TriPlay Inc., TriPlay Ltd. re 7 MOTION to Dismiss for Failure to State a Claim , 11 Answering Brief in Opposition (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ormerod, Eve) (Entered: 11/18/2014)
11/17/2014 NOTICE of Supplemental Authority in Support of WhatsApp's Motion to Dismiss by WhatsApp Inc. (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 11/17/2014)
11/12/2014Official Transcript of Motion Hearing held on October 17, 2014 before Judge Christopher J. Burke. Court Reporter/Transcriber Heather Triozzi of Hawkins Reporting Service, Telephone (302) 658-6697. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/3/2014. Redacted Transcript Deadline set for 12/15/2014. Release of Transcript Restriction set for 2/10/2015. (bpg) (Entered: 11/12/2014)
11/7/2014 OPENING BRIEF in Support re 31 MOTION for Leave to File Second Amended Complaint filed by TriPlay Inc., TriPlay Ltd..Answering Brief/Response due date per Local Rules is 11/24/2014. (Attachments: # 1 Exhibit A)(Ormerod, Eve) (Entered: 11/07/2014)
11/7/2014
  • Motion to File Amended Complaint
MOTION for Leave to File Second Amended Complaint - filed by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit A to Motion, # 2 Exhibit A to Exhibit A to Motion, # 3 Exhibit B to Exhibit A to Motion, # 4 Exhibit C to Exhibit A to Motion, # 5 Exhibit D to Exhibit A to Motion, # 6 Exhibit E to Exhibit A to Motion, # 7 Exhibit B to Motion, # 8 Text of Proposed Order)(Ormerod, Eve) (Entered: 11/07/2014)
10/17/2014Minute Entry for proceedings held before Judge Christopher J. Burke - Motion Hearing held on 10/17/2014 re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc. Matter taken under advisement. (Court Reporter Hawkins.) (dlk) (Entered: 11/12/2014)
10/14/2014 NOTICE of Subsequent Authority by TriPlay Inc., TriPlay Ltd. re 7 MOTION to Dismiss for Failure to State a Claim (Ormerod, Eve) (Entered: 10/14/2014)
10/9/2014Supplemental Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Facebook, Inc. for WhatsApp Inc. filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 10/09/2014)
10/6/2014 STATEMENT re 27 Response to Motion, -- Reply Regarding Supplemental Authorities -- by WhatsApp Inc.. (Smith, Rodger) (Entered: 10/06/2014)
10/3/2014
  • Motion to Dismiss for Failure to State a Claim
RESPONSE to Motion re 7 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Response to Defendant's Notices of Supplemental Authority [Ref: D.I. Nos. 21, 22, 24] filed by TriPlay Inc., TriPlay Ltd.. (Ormerod, Eve) (Entered: 10/03/2014)
10/2/2014
  • Motion to FileGranted
ORDER granting 25 Motion for Leave to File. See order for details. Signed by Judge Christopher J. Burke on 10/2/2014. (aer) (Entered: 10/02/2014)
9/30/2014
  • Motion to File
MOTION for Leave to File a Response to Defendant's Notices of Supplemental Authority (Unopposed) [Ref. D.I.s 21, 22, 24] - filed by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ormerod, Eve) (Entered: 09/30/2014)
9/9/2014
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 23 MOTION for Pro Hac Vice Appearance of Attorney Gabriel K. Bell filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 9/9/14. (ntl) (Entered: 09/09/2014)
9/5/2014 NOTICE of Supplemental Authority in Support of WhatsApp's Motion to Dismiss by WhatsApp Inc. re 7 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A-B)(Smith, Rodger) (Entered: 09/05/2014)
9/5/2014
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Gabriel K. Bell - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 09/05/2014)
8/18/2014
  • Order
ORAL ORDER Setting Hearing on Motion 7 MOTION to Dismiss for Failure to State a Claim : A Motion Hearing is set for 10/17/2014 at 01:00 PM in Courtroom 2A before Judge Christopher J. Burke. Each side is allocated 45 minutes for argument. Ordered by Judge Christopher J. Burke on 8/18/2014. (dlk) (Entered: 08/18/2014)
7/16/2014 NOTICE of Supplemental Authority in Support of WhatsApp's Motion to Dismiss by WhatsApp Inc. re 7 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 07/16/2014)
6/23/2014 NOTICE of Subsequent Authority by WhatsApp Inc. re 7 MOTION to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit A)(Smith, Rodger) (Entered: 06/23/2014)
6/9/2014Pro Hac Vice Attorney Jason H. Kislin for TriPlay Inc. added for electronic noticing. (els) (Entered: 06/09/2014)
5/22/2014Pro Hac Vice Attorney James L. Ryerson for TriPlay Inc. added for electronic noticing. (dmp, ) (Entered: 05/22/2014)
5/21/2014
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 20 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Nicodema, Douglas R. Weider, Jason H. Kislin, and James L. Ryerson of Greenberg Traurig, LLP filed by TriPlay Ltd., TriPlay Inc. Signed by Judge Leonard P. Stark on 5/21/14. (ntl) (Entered: 05/21/2014)
5/20/2014
  • Motion to Appear Pro Hac Viceby Π
MOTION for Pro Hac Vice Appearance of Attorney Michael A. Nicodema, Douglas R. Weider, Jason H. Kislin, and James L. Ryerson of Greenberg Traurig, LLP - filed by TriPlay Inc., TriPlay Ltd.. (Ormerod, Eve) (Entered: 05/20/2014)
5/20/201419
  • Order
ORAL ORDER: Pursuant to 28 U.S.C. § 636, IT IS HEREBY ORDERED that the following motion is referred to Magistrate Judge Christopher J. Burke: Motion to Dismiss (D.I. 7). ORDERED by Judge Leonard P. Stark on 5/20/14. (ntl) (Entered: 05/20/2014)
5/19/2014 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding request for oral argument on WhatsApp's Motion to Dismiss - re 7 MOTION to Dismiss for Failure to State a Claim . (Blumenfeld, Jack) (Entered: 05/19/2014)
5/15/2014
  • Motion to Dismiss for Failure to State a Claimby Δ
REPLY BRIEF re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc.. (Blumenfeld, Jack) (Entered: 05/15/2014)
5/2/2014 EXHIBIT re 12 Declaration of Douglas R. Weider by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit 6)(Ormerod, Eve) (Entered: 05/02/2014)
5/2/2014 EXHIBIT re 12 Declaration of Douglas R. Weider by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit 5, Part 2)(Ormerod, Eve) (Entered: 05/02/2014)
5/2/2014 EXHIBIT re 12 Declaration of Douglas R. Weider by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit 5, Part 1)(Ormerod, Eve) (Entered: 05/02/2014)
5/2/2014 EXHIBIT re 12 Declaration of Douglas R. Weider by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4)(Ormerod, Eve) (Entered: 05/02/2014)
5/2/2014 DECLARATION re 7 MOTION to Dismiss for Failure to State a Claim Declaration of Douglas R. Weider and Exhibit 1 by TriPlay Inc., TriPlay Ltd.. (Attachments: # 1 Exhibit 1)(Ormerod, Eve) (Entered: 05/02/2014)
5/2/2014
  • Motion to Dismiss for Failure to State a Claimby Π
ANSWERING BRIEF in Opposition re 7 MOTION to Dismiss for Failure to State a Claim filed by TriPlay Inc., TriPlay Ltd..Reply Brief due date per Local Rules is 5/12/2014. (Ormerod, Eve) (Entered: 05/02/2014)
4/14/2014
  • Motion to Extend Time to File Reply
SO ORDERED, re 10 STIPULATION TO EXTEND TIME to File Answering and Reply Briefs to May 2, 2014 (Answering) and May 15, 2014 (Reply) filed by TriPlay Ltd., TriPlay Inc. Signed by Judge Leonard P. Stark on 4/14/14. (ntl) (Entered: 04/14/2014)
4/10/2014 STIPULATION TO EXTEND TIME to File Answering and Reply Briefs to May 2, 2014 (Answering) and May 15, 2014 (Reply) - filed by TriPlay Inc., TriPlay Ltd.. (Ormerod, Eve) (Entered: 04/10/2014)
4/9/2014Pro Hac Vice Attorney Kyle A. Virgien for WhatsApp Inc. added for electronic noticing. (els) (Entered: 04/09/2014)
4/9/2014Pro Hac Vice Attorney Natasa Pajic,Douglas E. Lumish,Richard G. Frenkel for WhatsApp Inc. added for electronic noticing. (els) (Entered: 04/09/2014)
4/7/2014 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by WhatsApp Inc.. (Blumenfeld, Jack) (Entered: 04/07/2014)
4/7/2014 OPENING BRIEF in Support re 7 MOTION to Dismiss for Failure to State a Claim filed by WhatsApp Inc..Answering Brief/Response due date per Local Rules is 4/24/2014. (Attachments: # 1 Exhibit A)(Blumenfeld, Jack) (Entered: 04/07/2014)
4/7/2014
  • Motion to Dismiss for Failure to State a Claimby Δ
MOTION to Dismiss for Failure to State a Claim - filed by WhatsApp Inc.. (Blumenfeld, Jack) (Entered: 04/07/2014)
3/4/2014
  • Motion to Extend Time
SO ORDERED, re 5 STIPULATION TO EXTEND TIME for Defendant to Respond to Complaint to April 7, 2014 filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 3/4/14. (ntl) (Entered: 03/04/2014)
2/28/2014
  • Motion to Appear Pro Hac Vice
SO ORDERED, re 6 MOTION for Pro Hac Vice Appearance of Attorney Douglas E. Lumish, Richard G. Frenkel, Natasa Pajic and Kyle A. Virgien of LATHAM & WATKINS LLP filed by WhatsApp Inc. Signed by Judge Leonard P. Stark on 2/28/14. (ntl) (Entered: 02/28/2014)
2/27/2014
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Pro Hac Vice Appearance of Attorney Douglas E. Lumish, Richard G. Frenkel, Natasa Pajic and Kyle A. Virgien of LATHAM & WATKINS LLP - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 02/27/2014)
2/21/2014 STIPULATION TO EXTEND TIME for Defendant to Respond to Complaint to April 7, 2014 - filed by WhatsApp Inc.. (Smith, Rodger) (Entered: 02/21/2014)
2/14/2014Summons Issued with Magistrate Consent Notice attached as to WhatsApp Inc. on 2/14/2014. (dms, ) (Entered: 02/14/2014)
10/23/2013Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (bkb) (Entered: 10/23/2013)
10/16/2013
  • Complaintby Π
First AMENDED COMPLAINT For Patent Infringement against WhatsApp Inc.- filed by TriPlay Ltd., TriPlay Inc.. (Attachments: # 1 Blackline, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Summons Forms - Unsigned)(Ormerod, Eve) (Entered: 10/16/2013)
10/16/2013CORRECTING ENTRY: Replaced DI# 3 with corrected version per request of filer. (rwc) (Entered: 10/16/2013)
10/15/2013No Summons Issued. (els) (Entered: 10/16/2013)
10/15/2013Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,332,475;. (els) (Main Document 3 replaced on 10/16/2013) (rwc). (Entered: 10/16/2013)
10/15/2013Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (els) (Entered: 10/16/2013)
10/15/2013
  • Complaint
COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against WhatsApp Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1387005.) - filed by Triplay Ltd., Triplay Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(els) (Entered: 10/16/2013)