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Case number 1:21-cv-00461

International Business Machines Corporation v. Rakuten, Inc. et al > Documents

Date Field Doc. No.Description (Pages)
Nov 14, 2022 198 Proposed Order (Main Document) (18)
Docket Text: Joint PROPOSED ORDER Joint Amended Proposed Scheduling Order with cover letter by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order)(Schladweiler, Benjamin)
Nov 14, 2022 198 Proposed Order (Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order) (1)
Docket Text: Joint PROPOSED ORDER Joint Amended Proposed Scheduling Order with cover letter by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Cover Letter Joint Cover Letter RE Proposed Amended Scheduling Order)(Schladweiler, Benjamin)
Nov 14, 2022 199 Notice (Other) (Main Document) (3)
Docket Text: NOTICE of Supplemental Authority Regarding Claim Construction of U.S. Patent No. 7,962,960 by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Moore, David)
Nov 14, 2022 199 Notice (Other) (Exhibit A) (30)
Docket Text: NOTICE of Supplemental Authority Regarding Claim Construction of U.S. Patent No. 7,962,960 by International Business Machines Corporation (Attachments: # (1) Exhibit A)(Moore, David)
Nov 11, 2022 197 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Amy I. Wann of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David)
Nov 8, 2022 194 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's First Supplemental Response to Rakuten's Interrogatory No. 2 to IBM filed by International Business Machines Corporation.(Palapura, Bindu)
Nov 8, 2022 195 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Reply Claim Construction Brief with Exhibits 32-35 filed by International Business Machines Corporation.(Palapura, Bindu)
Nov 8, 2022 196 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendants' Objections to Plaintiff International Business Machines Corporation's Subpoenas to AT&T Intellectual Property, LLC and AT&T Intellectual Property, Inc. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Nov 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [192] STIPULATION and Order to Extend Time of the schedule for the exchange of claim construction briefs and deadline for deposition of inventor re [67] Scheduling Order, [174] Order - by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 11/7/2022. (etg)
Nov 4, 2022 193 Notice (Other) (Main Document) (3)
Docket Text: NOTICE of IBM's Response to Rakuten's Second Notice of Subsequent Fact by International Business Machines Corporation re [191] Notice (Other), (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu)
Nov 4, 2022 193 Notice (Other) (Exhibit 1-3) (30)
Docket Text: NOTICE of IBM's Response to Rakuten's Second Notice of Subsequent Fact by International Business Machines Corporation re [191] Notice (Other), (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu)
Nov 3, 2022 192 Stipulation (2)
Docket Text: STIPULATION and Order to Extend Time of the schedule for the exchange of claim construction briefs and deadline for deposition of inventor re [67] Scheduling Order,, [174] Order,,,,,, by International Business Machines Corporation. (Palapura, Bindu)
Nov 2, 2022 191 Notice (Other) (Main Document) (3)
Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Nov 2, 2022 191 Notice (Other) (Exhibit 1) (7)
Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Nov 2, 2022 191 Notice (Other) (Exhibit 2) (3)
Docket Text: Second NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Oct 31, 2022 190 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendants Objections and Responses to International Business Machines Corporations Third Set of Requests for Production of Documents (Nos. 79-102) and Defendants Objections and Responses to International Business Machines Corporations Third Set of Interrogatories (Nos. 13-20) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Oct 28, 2022 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that, not later than fourteen (14) days from the date of this Order, the parties shall meet and confer and file a joint amended proposed Scheduling Order in this action consistent with the applicable form Scheduling Order of Judge Williams, which is posted at http://www/ded/uscourts.gov (See Chambers, Judge Williams, Forms), along with a cover letter requesting the Court to enter the joint amended proposed Scheduling Order (if there are no disputes or other issues concerning scheduling in the joint amended proposed Scheduling Order that the Court needs to address) or to schedule a status conference. If there are disputes or other issues the Court needs to address in the joint amended proposed Scheduling Order, in the cover letter, the parties shall direct the Court to the paragraph numbers in the joint amended proposed Scheduling Order which those appear. Except for good cause shown, the parties shall not change any of the dates included in the existing scheduling order in this action. ORDERED by Judge Gregory B. Williams on 10/28/22. Associated Cases: 1:22-cv-00590-GBW, 1:21-cv-00461-GBW (ntl)
Oct 25, 2022 187 Notice (Other) (Main Document) (3)
Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl).
Oct 25, 2022 187 Notice (Other) (Exhibit 1) (30)
Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl).
Oct 25, 2022 187 Notice (Other) (Exhibit 2) (3)
Docket Text: NOTICE of Subsequent Fact by Ebates Performance Marketing, Inc., Rakuten, Inc. re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings, [134] Joinder (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin) Modified on 10/25/2022 (ntl).
Oct 25, 2022 188 Notice of Service (3)
Docket Text: NOTICE OF SERVICE of Defendants' Objections to Plaintiff International Business Machines Corporation's Subpoena to Verizon Patent and Licensing Inc. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Oct 24, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [185] MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/22/22. (ntl)
Oct 24, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Benjamin J. Rodd for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mkr)
Oct 24, 2022 186 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to STG Partners, LLC filed by International Business Machines Corporation.(Palapura, Bindu)
Oct 21, 2022 185 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jonas R. McDavit of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
Oct 19, 2022 184 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to AT&T Intellectual Property, Inc. filed by International Business Machines Corporation.(Moore, David)
Oct 14, 2022 183 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Subpoena to Testify at a Deposition in a Civil Action Directed to Verizon Patent and Licensing Inc.; Subpoena to Testify at a Deposition in a Civil Action Directed to Adobe Inc.; and Subpoena to Testify at a Deposition in a Civil Action Directed to McAfee Corporation filed by International Business Machines Corporation.(Palapura, Bindu)
Oct 13, 2022 180 Notice (Other) (30)
Docket Text: NOTICE of Issuance of Subpoena for Production of Documents to Cisco Systems, Inc. by International Business Machines Corporation (Palapura, Bindu)
Oct 13, 2022 181 Notice (Other) (30)
Docket Text: NOTICE of Issuance of Deposition Subpoena to Cisco Systems, Inc. by International Business Machines Corporation (Palapura, Bindu)
Oct 13, 2022 182 Notice (Other) (2)
Docket Text: NOTICE of of Service regarding Defendants' Answering Claim Construction Brief by Ebates Performance Marketing, Inc., Rakuten, Inc. (Schladweiler, Benjamin)
Oct 11, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [179] MOTION for Pro Hac Vice Appearance of Attorney Benjamin Rodd filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/11/22. (ntl)
Oct 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [176] STIPULATION TO EXTEND TIME of Final Infringement and Final Invalidity Contentions to February 10, 2023 and February 26, 2023 filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 10/07/2022. (etg)
Oct 7, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: Having reviewed Defendants' letter (D.I. 177), IT IS HEREBY ORDERED that the Markman Hearing on December 20, 2022, at 10:00 am, in Courtroom 6B is rescheduled for January 12, 2023 at 10:00 am, in Courtroom 6B. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to gbw_civil@ded.uscourts.gov no later than 48 hours prior to the hearing with hard copies delivered to the Clerk's office within one hour thereafter. Ordered by Judge Gregory B. Williams on 10/7/2022. (etg)
Oct 7, 2022 179 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Benjamin Rodd - filed by International Business Machines Corporation. (Palapura, Bindu)
Oct 6, 2022 176 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME of Final Infringement and Final Invalidity Contentions to February 10, 2023 and February 26, 2023 - filed by International Business Machines Corporation. (Moore, David)
Oct 6, 2022 177 Letter (1)
Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding request to reschedule Markman hearing. (Schladweiler, Benjamin)
Oct 5, 2022 N/A Order (0)
Docket Text: ORAL ORDER: Having reviewed the parties' letters regarding their discovery dispute (D.I. 163, D.I. 169, D.I. 171), and having heard arguments on October 4, 2022, IT IS HEREBY ORDERED that Defendants' request that the Court compel Plaintiff to make named inventors of United States Patent No. 7,631,346 (the "'346 patent") available for deposition prior to the November 10, 2022 deadline for Defendants' Sur-Reply Claim Construction Brief is GRANTED. Defendants served their Rule 30(b)(1) Notice of Deposition for the named inventors of the '346 patent four months ago and Plaintiff continually failed to make those inventors available for their depositions. Defendants will only get to depose the named inventors of the '346 patent once, but this is contingent on Plaintiff producing non-privileged, responsive documents relating to the '346 patent prior to the depositions. Plaintiff shall also identify its corporate designees in response to Defendants' Notice of Taking 30(b)(6) Deposition of Plaintiff International Business Machines Corporations prior to the depositions to determine whether the named inventors of the '346 patent will be deposed in their personal capacity under Federal Rule of Civil Procedure 30(b)(1) and/or as corporate witnesses under Federal Rule of Civil Procedure 30(b)(6). The parties shall meet and confer regarding the appropriate dates for the depositions of the named inventors of the '346 patent, which must occur before November 8, 2022 when document production is substantially completed. ORDERED by Judge Gregory B. Williams on 10/5/22. (ntl)
Oct 5, 2022 175 Redacted Document (Main Document) (15)
Docket Text: REDACTED VERSION of [166] Reply Brief, Defendant Rakuten, Inc.'s Reply Brief in Further Support of its Motion to Dismiss Plaintiff's Second Amended Complaint by Rakuten, Inc.. (Attachments: # (1) Exhibit 1 - Redacted)(Schladweiler, Benjamin)
Oct 5, 2022 175 Redacted Document (Exhibit 1 - Redacted) (1)
Docket Text: REDACTED VERSION of [166] Reply Brief, Defendant Rakuten, Inc.'s Reply Brief in Further Support of its Motion to Dismiss Plaintiff's Second Amended Complaint by Rakuten, Inc.. (Attachments: # (1) Exhibit 1 - Redacted)(Schladweiler, Benjamin)
Oct 4, 2022 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Gregory B. Williams - Telephone Conference held on 10/4/2022. (Court Reporter M. Rolfe.) (ntl)
Oct 4, 2022 172 SO ORDERED (2)
Docket Text: SO ORDERED, re [170] STIPULATION TO EXTEND TIME for Defendants to file their Claim Construction Answering Brief to October 13, 2022; Plaintiff's Reply Brief to November 3, 2022, Defendants' Sur-Reply Brief to November 10, 2022 and Parties' Joint Claim Construction Brief due by 11/17/2022. A Markman Hearing is set for 12/20/2022 at 10:00 AM in Courtroom 6B. Signed by Judge Gregory B. Williams on 10/3/22. (ntl)
Oct 4, 2022 173 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Third Set of Requests For Production To Defendants (Nos. 79-102) and IBM's Third Set of Interrogatories To Defendants (Nos. 13-20) filed by International Business Machines Corporation.(Palapura, Bindu)
Sep 30, 2022 171 Letter (4)
Docket Text: Letter to The Honorable Gregory B. Williams from Bindu A. Palapura regarding response to discovery dispute letter - re [169] Letter. (Palapura, Bindu)
Sep 29, 2022 169 Letter (Main Document) (3)
Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin)
Sep 29, 2022 169 Letter (Exhibit A) (5)
Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin)
Sep 29, 2022 169 Letter (Exhibit B) (6)
Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin)
Sep 29, 2022 169 Letter (Exhibit C) (4)
Docket Text: Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding discovery dispute. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Schladweiler, Benjamin)
Sep 29, 2022 170 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for the parties to file their Claim Construction Briefs to Defendants Answering Brief to October 13, 2022; Plaintiffs Reply Brief to November 3, 2022, Defendants Sur-Reply Brief to November 10, 2022 and Parties Joint Claim Construction Brief to November 17, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin)
Sep 28, 2022 168 Request for Oral Argument (2)
Docket Text: REQUEST for Oral Argument by International Business Machines Corporation re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Moore, David)
Sep 27, 2022 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that for the discovery teleconference scheduled for Tuesday, October 4, 2022 at 3:00 p.m., not later than Thursday, September 29, 2022 any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than Friday, September 30, 2022, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Gregory B. Williams on 9/27/22. (ntl)
Sep 26, 2022 N/A Case No Longer Referred (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that this matter is no longer referred to Magistrate Judge Fallon. ORDERED by Judge Gregory B. Williams on 9/26/22. Associated Cases: 1:21-cv-00461-GBW-SRF, 1:22-cv-00590-GBW-SRF (ntl)
Sep 26, 2022 164 Redacted Document (Main Document) (2)
Docket Text: REDACTED VERSION of [160] Notice (Other) of Subpoena to AT&T Intellectual Property, Inc. by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to AT&T with redacted attachment)(Schladweiler, Benjamin)
Sep 26, 2022 164 Redacted Document (Exhibit Subpoena to AT&T with redacted attachment) (5)
Docket Text: REDACTED VERSION of [160] Notice (Other) of Subpoena to AT&T Intellectual Property, Inc. by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to AT&T with redacted attachment)(Schladweiler, Benjamin)
Sep 26, 2022 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: A twenty (20) minute discovery teleconference will be held on Tuesday, October 4, 2022 at 3:00 p.m. The parties shall arrange for the teleconference and shall provide chambers with the call-in information. ORDERED by Judge Gregory B. Williams on 9/26/22. (ntl)
Sep 23, 2022 163 Letter (1)
Docket Text: Joint Letter to The Honorable Gregory B. Williams from Benjamin J. Schladweiler, Esq. regarding request for a discovery teleconference. (Schladweiler, Benjamin)
Sep 21, 2022 161 Redacted Document (27)
Docket Text: REDACTED VERSION of [150] Answering Brief in Opposition, by International Business Machines Corporation. (Moore, David)
Sep 21, 2022 162 Redacted Document (Main Document) (6)
Docket Text: REDACTED VERSION of [151] Declaration, of William Vieth by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-40)(Moore, David)
Sep 21, 2022 162 Redacted Document (Exhibit 1-40) (30)
Docket Text: REDACTED VERSION of [151] Declaration, of William Vieth by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-40)(Moore, David)
Sep 19, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [159] STIPULATION TO EXTEND TIME for Plaintiff to submit a public version of the sealed Answering Brief in Opposition to Defendants' Renewed Motion to Dismiss Second Amended Complaint (D.I. 150) and the sealed Declaration of William Vieth (D.I. 151) to 9/21/22 filed by International Business Machines Corporation. Signed by Judge Gregory B. Williams on 9/19/22. (ntl)
Sep 16, 2022 159 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to submit a public version of the sealed Answering Brief in Opposition to Defendants' Renewed Motion to Dismiss Second Amended Complaint (D.I. 150) and the sealed Declaration of William Vieth (D.I. 151) to September 21, 2022 - filed by International Business Machines Corporation. (Palapura, Bindu)
Sep 15, 2022 157 Redacted Document (Main Document) (2)
Docket Text: REDACTED VERSION of [153] Notice (Other) Notice of Subpoena to Dreyfus Service Corporation by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments)(Schladweiler, Benjamin)
Sep 15, 2022 157 Redacted Document (Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments) (30)
Docket Text: REDACTED VERSION of [153] Notice (Other) Notice of Subpoena to Dreyfus Service Corporation by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Exhibit Subpoena to Dreyfus Service Corporation with redacted attachments)(Schladweiler, Benjamin)
Sep 15, 2022 158 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Opening Claim Construction Brief filed by International Business Machines Corporation.(Palapura, Bindu)
Sep 14, 2022 156 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' First Amended Initial Invalidity Contentions filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Sep 12, 2022 154 Notice to Take Deposition (14)
Docket Text: NOTICE to Take Deposition of Rakuten, Inc. on September 30, 2022 [Notice of 30(b)(6) Deposition] filed by International Business Machines Corporation.(Palapura, Bindu)
Sep 12, 2022 155 Notice to Take Deposition (14)
Docket Text: NOTICE to Take Deposition of Ebates Performance Marketing, inc. dba Rakuten Rewards on September 30, 2022 [Notice of 30(b)(6) Deposition] filed by International Business Machines Corporation.(Palapura, Bindu)
Sep 8, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Judge Gregory B. Williams. Please include the initials of the Judge (GBW) after the case number on all documents filed. (smg)
Sep 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [148] STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 6, 2022 and September 27, 2022 respectively. Set Briefing Schedule: (Answering Brief due 9/6/2022., Reply Brief due 9/27/2022.) Signed by Judge Sherry R. Fallon on 9/7/2022. (lih)
Sep 6, 2022 152 Notice to Take Deposition (14)
Docket Text: NOTICE to Take Deposition of International Business Machines Corporation on September 20, 2022 beginning at 9:30 a.m. filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Sep 1, 2022 149 Claim Construction Chart (Main Document) (2)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit A) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit A-1) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit A-2 part 1) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit A-2 part 2) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit A-2 part 3) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit B-1) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit B-2) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit C-1) (14)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit C-2) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit D-1) (10)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit D-2) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit E-1) (17)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit E-2) (30)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit F-1) (12)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Sep 1, 2022 149 Claim Construction Chart (Exhibit F-2) (12)
Docket Text: CLAIM Construction Chart by International Business Machines Corporation. (Attachments: # (1) Exhibit A, # (2) Exhibit A-1, # (3) Exhibit A-2 part 1, # (4) Exhibit A-2 part 2, # (5) Exhibit A-2 part 3, # (6) Exhibit B-1, # (7) Exhibit B-2, # (8) Exhibit C-1, # (9) Exhibit C-2, # (10) Exhibit D-1, # (11) Exhibit D-2, # (12) Exhibit E-1, # (13) Exhibit E-2, # (14) Exhibit F-1, # (15) Exhibit F-2)(Palapura, Bindu)
Aug 30, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [147] STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 5, 2022 and September 26, 2022 respectively filed by International Business Machines Corporation. Signed by Judge Sherry R. Fallon on 8/30/2022. (Polito, Rebecca)
Aug 30, 2022 148 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 6, 2022 and September 27, 2022 respectively - filed by International Business Machines Corporation. (Palapura, Bindu)
Aug 29, 2022 147 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 5, 2022 and September 26, 2022 respectively - filed by International Business Machines Corporation. (Palapura, Bindu)
Aug 24, 2022 146 Status Report (6)
Docket Text: Joint Interim STATUS REPORT by International Business Machines Corporation. (Palapura, Bindu) Modified on 8/24/2022 (lih).
Aug 18, 2022 N/A Redaction Notice (0)
Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [142]. (lih)
Aug 18, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [143] STIPULATION TO EXTEND TIME. Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint. (Answering Brief due 9/2/2022., Reply Brief due 9/23/2022.) Signed by Judge Sherry R. Fallon on 8/18/2022. (lih)
Aug 18, 2022 143 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to September 2, 2022 and September 23, 2022 respectively - filed by International Business Machines Corporation. (Moore, David)
Aug 18, 2022 144 Notice Requesting Removal of Co-Counsel (2)
Docket Text: NOTICE requesting Clerk to remove John Dao as co-counsel. Reason for request: no longer with the firm of Desmarais LLP. (Moore, David)
Aug 18, 2022 145 Redacted Document (Main Document) (2)
Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih).
Aug 18, 2022 145 Redacted Document (Subpoena to HCL America Inc. with attachments) (30)
Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih).
Aug 18, 2022 145 Redacted Document (Subpoena to USTA Incorporated with attachments) (30)
Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih).
Aug 18, 2022 145 Redacted Document (Subpoena to Coldwell Banker with attachments and exhibit (Redacted)) (30)
Docket Text: REDACTED VERSION of [142] Notice by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena to HCL America Inc. , # (2) Subpoena to USTA Incorporated , # (3) Subpoena to Coldwell Banker)(Schladweiler, Benjamin) Modified on 8/19/2022 (lih).
Aug 3, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [141] MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis. Signed by Judge Sherry R. Fallon on 8/3/2022. (lih)
Aug 3, 2022 141 Motion for Leave to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin)
Aug 3, 2022 141 Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq.) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin)
Aug 3, 2022 141 Motion for Leave to Appear Pro Hac Vice (Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Jade Li-Yu Chen and Jonathan Presvelis - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification by Counsel to Be Admitted Pro Hac Vice - Jade Li-Yu Chen, Esq., # (2) Certification by Counsel to Be Admitted Pro Hac Vice - Jonathan Presvelis, Esq.)(Schladweiler, Benjamin)
Jul 29, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER re D.I. [140] Unopposed Motion to Extend Page Limits: IT IS HEREBY ORDERED that the unopposed motion to extend the page limits for claim construction briefing is GRANTED. In accordance with the parties' stipulation entered on July 27, 2022 (D.I. 139), the parties shall file a Joint Claim Construction Brief of no more than 120 pages on or before November 3, 2022. The format of the Joint Claim Construction Brief is governed by the procedures set forth in paragraph 10 of the undersigned judicial officers Form of Patent Scheduling Order found on the Courts website: The parties shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in sequential order. https://www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 7/29/2022. (lih)
Jul 29, 2022 140 Motion for Leave to File Excess Pages (Main Document) (3)
Docket Text: UNOPPOSED Motion to Extend Page Limits for Claim Construction Briefing for all parties - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Schladweiler, Benjamin) Modified on 7/29/2022 (lih).
Jul 29, 2022 140 Motion for Leave to File Excess Pages (Text of Proposed Order Proposed Order) (1)
Docket Text: UNOPPOSED Motion to Extend Page Limits for Claim Construction Briefing for all parties - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Schladweiler, Benjamin) Modified on 7/29/2022 (lih).
Jul 27, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [139] STIPULATION to Extend Time of the schedule for the exchange of claim construction briefs. Set SCHEDULING ORDER deadlines: Claim Construction Opening Brief due by 9/15/2022., Claim Construction Answering Brief due by 10/6/2022., Claim Construction Reply Brief due by 10/20/2022., Claim Construction Surreply Brief due by 10/27/2022., Joint Claim Construction Brief due by 11/3/2022. Signed by Judge Sherry R. Fallon on 7/27/2022. (lih)
Jul 27, 2022 N/A Case No Longer Referred to Mediation (0)
Docket Text: CASE NO LONGER REFERRED to Magistrate Judge Burke for the purpose of exploring ADR. Please see the Court's Standing Order No. 2022-2 dated March 14, 2022. (dlb)
Jul 26, 2022 139 Stipulation (2)
Docket Text: STIPULATION to Extend Time of the schedule for the exchange of claim construction briefs re [67] Scheduling Order by International Business Machines Corporation. (Moore, David) Modified on 7/27/2022 (lih).
Jul 25, 2022 N/A Set Briefing Schedule (0)
Docket Text: Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). Answering Brief due 8/19/2022. Reply Brief due 9/9/2022. (lih)
Jul 25, 2022 138 Redacted Document (Main Document) (2)
Docket Text: REDACTED VERSION of [135] Declaration by Rakuten, Inc.. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) Modified on 7/25/2022 (lih).
Jul 25, 2022 138 Redacted Document (Exhibit) (2)
Docket Text: REDACTED VERSION of [135] Declaration by Rakuten, Inc.. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin) Modified on 7/25/2022 (lih).
Jul 22, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [137] STIPULATION TO EXTEND TIME for IBM to respond to Rakuten Inc.'s renewed Motion to Dismiss the Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) and Rakuten Inc.'s deadline to file a reply in support of its motion. Signed by Judge Sherry R. Fallon on 7/22/2022. (Polito, Rebecca)
Jul 22, 2022 137 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for IBM to respond to Rakuten Inc.'s renewed Motion to Dismiss the Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) and Rakuten Inc.'s deadline to file a reply in support of its motion to August 19, 2022 and September 9, 2022, respectfully - filed by Rakuten, Inc.. (Schladweiler, Benjamin)
Jul 19, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [136] STIPULATION TO EXTEND TIME to respond to [132] Renewed Motion to Dismiss Second Amended Complaint. Set Briefing Schedule: re [132] Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Answering Brief due 8/12/2022., Reply Brief due 9/2/2022.) Signed by Judge Sherry R. Fallon on 7/19/2022. (lih)
Jul 18, 2022 136 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Rakuten's Renewed Motion to Dismiss Second Amended Complaint, and Rakuten's deadline to file a reply to August 12, 2022 and September 2, 2022 respectively - filed by International Business Machines Corporation. (Moore, David)
Jul 15, 2022 N/A CORRECTING ENTRY: (0)
Docket Text: CORRECTING ENTRY: Pursuant to conversation with the filer, the joinder previously filed as D.I. 134 has been deleted due to document being filed using the wrong event code. Counsel is advised to re-file the document using the joinder event code and not the motion event code. (lih)
Jul 15, 2022 132 Motion to Dismiss/Lack of Personal Jurisdiction (3)
Docket Text: Renewed Motion to Dismiss Second Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) - filed by Rakuten, Inc.. (Schladweiler, Benjamin) Modified on 7/15/2022 (lih).
Jul 15, 2022 133 Opening Brief in Support (26)
Docket Text: OPENING BRIEF in Support re [132] Renewed Motion to Dismiss Second Amended Complaint filed by Rakuten, Inc..Answering Brief/Response due date per Local Rules is 7/29/2022. (Schladweiler, Benjamin) Modified on 7/15/2022 (lih).
Jul 15, 2022 134 Joinder (3)
Docket Text: JOINDER by Rakuten, Inc., joining in [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings . (Schladweiler, Benjamin) Modified on 7/15/2022 (lih).
Jul 13, 2022 131 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Identification of Preliminary Claim Constructions filed by International Business Machines Corporation.(Palapura, Bindu)
Jul 1, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERE- re [130] MOTION for Pro Hac Vice Appearance of Attorney William N. Yau. Signed by Judge Sherry R. Fallon on 7/1/2022. (lih)
Jun 30, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [129] STIPULATION TO EXTEND TIME for Rakuten, Inc. to respond to IBM's Second Amended Complaint to July 15, 2022. Reset Answer Deadlines: Rakuten, Inc. answer due 7/15/2022. Signed by Judge Sherry R. Fallon on 6/30/2022. (lih)
Jun 30, 2022 130 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney William N. Yau of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
Jun 29, 2022 129 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for Rakuten, Inc. to respond to IBM's Second Amended Complaint to July 15, 2022 - filed by Rakuten, Inc.. (Schladweiler, Benjamin)
Jun 23, 2022 127 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Initial Invalidity Contentions filed by International Business Machines Corporation.(Palapura, Bindu)
Jun 23, 2022 128 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Initial Invalidity Contentions, and document production, filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Jun 21, 2022 126 Reply Brief (16)
Docket Text: REPLY BRIEF re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Jun 16, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [121] MOTION for Pro Hac Vice Appearance of Attorney Edward Geist. Signed by Judge Sherry R. Fallon on 6/16/2022. (lih)
Jun 16, 2022 121 Motion for Leave to Appear Pro Hac Vice (3)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Edward Geist of Desmarais LLP - filed by International Business Machines Corporation. (Moore, David)
Jun 16, 2022 122 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Heather Maria Hinton on August 1, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Jun 16, 2022 123 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Ivan Matthew Milman on August 2, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Jun 16, 2022 124 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Venkat Raghavan on August 3, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Jun 16, 2022 125 Notice to Take Deposition (3)
Docket Text: NOTICE to Take Deposition of Shane Bradley Weeden on August 4, 2022 filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Jun 13, 2022 N/A Redaction Notice (0)
Docket Text: REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI # [116]. (lih)
Jun 13, 2022 120 Redacted Document (Main Document) (3)
Docket Text: REDACTED VERSION of [116] Notice of Subpoena by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena with Redacted Schedule A)(Schladweiler, Benjamin) Modified on 6/13/2022 (lih).
Jun 13, 2022 120 Redacted Document (Subpoena with Redacted Schedule A) (4)
Docket Text: REDACTED VERSION of [116] Notice of Subpoena by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Subpoena with Redacted Schedule A)(Schladweiler, Benjamin) Modified on 6/13/2022 (lih).
Jun 9, 2022 119 Notice (Other) (2)
Docket Text: NOTICE of Defendants' Supplemental Objections and Responses to Plaintiff's Amended Notice of Taking Jurisdictional 30(B)(6) Depositions by Ebates Performance Marketing, Inc. (Schladweiler, Benjamin)
Jun 3, 2022 117 Letter (4)
Docket Text: Letter to the Court from David E. Moore regarding Reply Letter Brief regarding Plaintiff International Business Machines Corporation's Motion for Leave to File its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Moore, David)
Jun 3, 2022 118 Letter (2)
Docket Text: Joint Letter to the Court from David E. Moore regarding Request for Teleconference - re [111] MOTION for Leave to File a Third Amended Complaint. (Moore, David)
May 31, 2022 113 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Jurisdictional Interrogatories (Nos. 10) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
May 31, 2022 114 Letter (Main Document) (8)
Docket Text: Letter to the Court from Counsel for Defendants regarding Letter Brief in Opposition to Plaintiff's Motion For Leave To File Its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Attachments: # (1) Exhibit 1)(Schladweiler, Benjamin)
May 31, 2022 114 Letter (Exhibit 1) (6)
Docket Text: Letter to the Court from Counsel for Defendants regarding Letter Brief in Opposition to Plaintiff's Motion For Leave To File Its Third Amended Complaint - re [111] MOTION for Leave to File a Third Amended Complaint. (Attachments: # (1) Exhibit 1)(Schladweiler, Benjamin)
May 31, 2022 115 Answering Brief in Opposition (Main Document) (27)
Docket Text: ANSWERING BRIEF in Opposition re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 6/7/2022. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu)
May 31, 2022 115 Answering Brief in Opposition (Exhibit 1-6) (30)
Docket Text: ANSWERING BRIEF in Opposition re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 6/7/2022. (Attachments: # (1) Exhibit 1-6)(Palapura, Bindu)
May 23, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [110] STIPULATION to Extend Time for Plaintiff's to file its answering brief to May 31, 2022, and Defendant's to file its reply brief to June 21, 2022 re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. (Answering Brief due 5/31/2022., Reply Brief due 6/21/2022.) Signed by Judge Sherry R. Fallon on 5/20/2022. (lih)
May 23, 2022 111 Motion for Leave to File (Main Document) (2)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit 1 - Third Amended Complaint) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit A-M to Ex. 1) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit N-Y to Ex. 1) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit Z part 1 to Ex. 1) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit Z part 2 to Ex. 1) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit AA-FF to Ex. 1) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Exhibit 2 - Blackline) (30)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 111 Motion for Leave to File (Text of Proposed Order) (1)
Docket Text: MOTION for Leave to File a Third Amended Complaint - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit 1 - Third Amended Complaint, # (2) Exhibit A-M to Ex. 1, # (3) Exhibit N-Y to Ex. 1, # (4) Exhibit Z part 1 to Ex. 1, # (5) Exhibit Z part 2 to Ex. 1, # (6) Exhibit AA-FF to Ex. 1, # (7) Exhibit 2 - Blackline, # (8) Text of Proposed Order)(Palapura, Bindu) Modified on 5/24/2022 (lih).
May 23, 2022 112 Letter (4)
Docket Text: Letter to the Court from Bindu A. Palapura regarding Letter Brief In Support of [111] MOTION for Leave to File a Third Amended Complaint. (Palapura, Bindu) Modified on 5/24/2022 (lih).
May 20, 2022 110 Stipulation (2)
Docket Text: STIPULATION to Extend Time for Plaintiff's to file its answering brief to May 31, 2022, and Defendant's to file its reply brief to June 21, 2022 re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings by International Business Machines Corporation. (Moore, David) Modified on 5/23/2022 (lih).
May 18, 2022 108 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' Initial Infringement Contentions filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin)
May 18, 2022 109 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Initial Infringement Contentions, Exs. A-G [Highly Confidential-Attorneys' Eyes Only] filed by International Business Machines Corporation.(Palapura, Bindu)
May 17, 2022 107 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiff IBM's Objections and Responses to Defendants' First Set of Requests for Production (Nos. 1-81); and Plaintiff IBM's Response to Rakuten's First Set of Interrogatories to IBM (Nos. 1-15)[Confidential] filed by International Business Machines Corporation.(Palapura, Bindu)
May 16, 2022 106 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to Plaintiff's April 26, 2022 Amended Notice of Taking Jurisdictional 30(B)(6) Deposition filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
May 2, 2022 104 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Second Set of Jurisdictional Interrogatories to Defendants (No. 10) filed by International Business Machines Corporation.(Palapura, Bindu)
May 2, 2022 105 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Requests for Production of Documents (Nos. 1-78) and Defendants' Objections and Responses to International Business Machines Corporation's Second Set of Interrogatories (Nos. 1-12) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Apr 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED- re [102] STIPULATION to Extend Time for briefing re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. Set Briefing Schedule: re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings. (Answering Brief due 5/23/2022., Reply Brief due 6/6/2022.) Signed by Judge Sherry R. Fallon on 4/29/2022. (lih)
Apr 29, 2022 102 Stipulation (2)
Docket Text: STIPULATION to Extend Time for briefing re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings by International Business Machines Corporation. (Palapura, Bindu) Modified on 4/29/2022 (lih).
Apr 29, 2022 103 Notice (Other) (2)
Docket Text: NOTICE of Service of Defendants' Second Supplemental Objections and Responses to International Business Machines Corporation's First Set of Jurisdictional Interrogatories (Nos. 1-9) by Ebates Performance Marketing, Inc. (Schladweiler, Benjamin)
Apr 28, 2022 101 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Amended Notice of Taking Jurisdictional 30(b)(6) Deposition filed by International Business Machines Corporation.(Palapura, Bindu)
Apr 25, 2022 98 Notice (Other) (3)
Docket Text: NOTICE of Withdrawal re [82] MOTION to Dismiss for Failure to State a Claim (Schladweiler, Benjamin) Modified on 4/26/2022 (lih).
Apr 25, 2022 99 Motion to Dismiss for Failure to State a Claim (3)
Docket Text: Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin) Modified on 4/26/2022 (lih).
Apr 25, 2022 100 Opening Brief in Support (24)
Docket Text: OPENING BRIEF in Support re [99] Partial MOTION to Dismiss Second Amended Complaint for Patent Infringement and Stay Patent Claims Pending Inter Partes Review Proceedings filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 5/9/2022. (Schladweiler, Benjamin) Modified on 4/26/2022 (lih).
Apr 22, 2022 95 Notice to Take Deposition (8)
Docket Text: NOTICE to Take Deposition of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards on May 6, 2022 (Notice of Jurisdictional 30(b)(6) Deposition) filed by International Business Machines Corporation.(Palapura, Bindu)
Apr 22, 2022 96 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Kentaro Hyakuno on May 6, 2022 filed by International Business Machines Corporation.(Palapura, Bindu)
Apr 22, 2022 97 Notice to Take Deposition (2)
Docket Text: NOTICE to Take Deposition of Amit Patel on May 9, 2022 filed by International Business Machines Corporation.(Palapura, Bindu)
Apr 19, 2022 94 Letter (2)
Docket Text: Letter to The Honorable Sherry R. Fallon from Benjamin J. Schladweiler regarding Joint status update re [60] MOTION to Dismiss for Failure to State a Claim. (Schladweiler, Benjamin) Modified on 4/19/2022 (lih).
Apr 14, 2022 93 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' First Supplemental Objections and Responses to International Business Machines Corporation's First Set of Jurisdictional Interrogatories (Nos. 1-9) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Apr 12, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER- IT IS HEREBY ORDERED that, in accordance with the oral order issued on April 7, 2022 (D.I. 92) and paragraph 3(d) of Standing Order No. 2022-3, all dates in the scheduling order issued on February 16, 2022 (D.I. 67) shall remain in effect except for the following hearings; the Markman Hearing set for September 30, 2022 (D.I. 67 at paragraph 14) and Oral Argument on case dispositive and Daubert motions set for October 2, 2023 (D.I. 67 at paragraph 17 (c) ). IT IS FURTHER ORDERED that, in accordance with the Oral Order issued on April 7, 2022, and paragraph 3(a) of Standing Order No. 2022-3, the referral to the undersigned judicial officer is limited to: (1) adjudicating discovery and protective order disputes; (2) modifying a scheduling order; (3) reviewing stipulated orders and pro hac vice motions; and (4) reviewing requests for mediation by a Magistrate Judge in cases other than patent and securities cases. With respect to discovery disputes arising in this matter, the parties shall follow the Discovery Matters and Disputes procedure set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih)
Apr 12, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER re D.I. [60] and [82] Motions: In accordance with the Court's April 7, 2022 Oral Order and paragraph 3(d) of Standing Order No. 2022-3, the pending motions to dismiss (D.I.60; D.I. 82) do not fall within the scope of the referral to the undersigned judicial officer. Therefore, the motions will be addressed following the assignment of an Article III Judge. IT IS FURTHER ORDERED that re D.I. 60, the parties shall provide a joint letter to the court on or before April 19, 2022 informing whether the motion is withdrawn, moot or remains pending. If it remains pending, the parties shall include a briefing schedule for the motion with their joint letter. Pursuant to paragraph 3(g) of Standing Order 2022-3, the pending motions shall not be grounds to prevent the case from progressing and briefing re D.I. 82 shall be completed in accordance with the Stipulated briefing schedule entered on March 29, 2022 (D.I. 88). Ordered by Judge Sherry R. Fallon on 4/12/2022. (lih)
Apr 7, 2022 N/A Order Referring Case to Magistrate Judge (0)
Docket Text: ORAL ORDER: The parties having filed the appropriate form advising the Court that they do not unanimously consent to the jurisdiction of a Magistrate Judge, IT IS HEREBY ORDERED that, until further order of the Court, this case will remain assigned to the VAC (2022) docket. IT IS FURTHER ORDERED that this case is referred to Magistrate Judge Sherry R. Fallon solely for the following purposes: (1) to adjudicate discovery (including fact and expert discovery) and protective order disputes; (2) to issue or modify a scheduling order; (3) to review stipulated orders and pro hac vice motions; and (4) to review requests for mediation in cases other than patent and securities cases. Issued by the Clerk of Court on 4/7/22. (ntl)
Apr 6, 2022 91 VAC - Magistrate Non-consent - completed by the parties (1)
Docket Text: VAC Magistrate Non-Consent completed by the parties filed by International Business Machines Corporation. (Palapura, Bindu)
Mar 30, 2022 89 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Set of Requests for the Production of Documents and Things to International Business Machines Corporations (Nos. 1-81) and Rakuten, Inc. and Ebates Performance Marketing, Inc. dba Rakuten Rewards' First Set of Interrogatories to International Business Machines Corporations (Nos. 1-15) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Mar 30, 2022 90 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Objections and Responses to International Business Machines Corporations First Set of Jurisdictional Interrogatories (Nos. 1-9) and Defendants' Objections and Responses to International Business Machines Corporations First Set of Jurisdictional Requests for Production of Documents and Things (Nos. 1-15) filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Mar 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [87] Protective Order Regarding the Disclosure and Use of Discovery Materials by International Business Machines Corporation. Signed by Judge Richard G. Andrews on 3/29/2022. (etg)
Mar 29, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [88] STIPULATION TO EXTEND TIME for Plaintiff's deadline to file a response to Ebates Performance Marketing's Partial Motion to Dismiss Second Amended Complaint (D.I.82) -- Set Briefing Schedule: re [82] MOTION to Dismiss for Failure to State a Claim -- Answering Brief due 5/2/2022. Reply Brief due 5/23/2022. Signed by Judge Richard G. Andrews on 3/29/22. (ntl)
Mar 29, 2022 88 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff's deadline to file a response to Ebates Performance Marketing's Partial Motion to Dismiss Second Amended Complaint (D.I.82), and Ebates Performance Marketing's deadline to file a reply to May 2, 2022 and May 23, 2022, respectively - filed by International Business Machines Corporation. (Palapura, Bindu)
Mar 28, 2022 87 Proposed Order (30)
Docket Text: PROPOSED ORDER Protective Order Regarding the Disclosure and Use of Discovery Materials by International Business Machines Corporation. (Moore, David)
Mar 25, 2022 86 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's First Amended Identification of Accused Products filed by International Business Machines Corporation.(Moore, David)
Mar 23, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Vacant Judgeship (2022). Please include initials of VAC after the case number on all documents filed. (ntl)
Mar 23, 2022 N/A Order (0)
Docket Text: ORAL ORDER: This case has been assigned to the District of Delaware's Vacant Judgeship ("VAC"). Detailed information relating to VAC cases may be found in the Court's Announcement of March 3, 2022 and Standing Order No. 2022-3 (March 16, 2022), which are available on the Court's website. Consistent with the foregoing Announcement and Standing Order, IT IS HEREBY ORDERED that: The parties shall file the "Notice of Consent or Absence of Consent to Proceed Before A United States Magistrate Judge," being docketed along with the instant Order, no later than fourteen (14) days after the date of this Order. IT IS FURTHER ORDERED that any order referring any part of this case to a Magistrate Judge is VACATED. Unless the parties consent to having a Magistrate Judge handle this case, a referral order will be entered to permit a Magistrate Judge (to be selected by the Court) to do only the following: (a) adjudicate discovery (including fact and expert discovery) and protective order disputes; (b) issue or modify a scheduling order; (c) review stipulated orders and pro hac vice motions; and (d) review requests for mediation in cases other than patent and securities cases. IT IS FURTHER ORDERED that any scheduling order that has been entered in this case is AMENDED such as follows: (a) the dates for any motions hearings are VACATED; and (b) the dates for any claim construction hearings are VACATED. Issued by the Clerk of Court on 3/23/22. (ntl)
Mar 23, 2022 85 VAC Notice, Consent, Non-Consent, Magistrate Referral (1)
Docket Text: VAC Notice, Consent, Non-Consent, Magistrate Referral (ntl)
Mar 18, 2022 82 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Mar 18, 2022 83 Opening Brief in Support (Main Document) (23)
Docket Text: OPENING BRIEF in Support re [82] MOTION to Dismiss for Failure to State a Claim filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 4/1/2022. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin)
Mar 18, 2022 83 Opening Brief in Support (Exhibit) (30)
Docket Text: OPENING BRIEF in Support re [82] MOTION to Dismiss for Failure to State a Claim filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 4/1/2022. (Attachments: # (1) Exhibit)(Schladweiler, Benjamin)
Mar 16, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Vimal M. Kapadia for Ebates Performance Marketing, Inc. and Rakuten, 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. (mal)
Mar 14, 2022 81 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Second Set of Interrogatories to Defendants (Nos. 1-12); and IBM's Second Set of Requets for Production to Defendants (Nos. 1-78) filed by International Business Machines Corporation.(Palapura, Bindu)
Mar 11, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [80] STIPULATION TO EXTEND TIME to file a protective order to March 28, 2022 filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 3/11/22. (ntl)
Mar 10, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [79] MOTION for Pro Hac Vice Appearance of Attorney Eliyahu Balsam, William A. Vieth, and Kyle Curry of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 3/10/2022. (etg)
Mar 10, 2022 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Vieth William, Kyle Curry, and Eliyahu Balsam for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
Mar 10, 2022 79 Motion for Leave to Appear Pro Hac Vice (4)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Eliyahu Balsam, William A. Vieth, and Kyle Curry of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
Mar 10, 2022 80 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to file a protective order to March 28, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin)
Mar 8, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [78] STIPULATION TO EXTEND TIME to Answer or Otherwise Respond to Second Amended Complaint to June 3, 2022 filed by Rakuten, Inc. Signed by Judge Leonard P. Stark on 3/8/22. (ntl)
Mar 8, 2022 78 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to Answer or Otherwise Respond to Second Amended Complaint to June 3, 2022 - filed by Rakuten, Inc.. (Schladweiler, Benjamin)
Mar 7, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [77] MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 3/7/22. (ntl)
Mar 4, 2022 75 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of IBM's Preliminary Identification Of Accused Products filed by International Business Machines Corporation.(Moore, David)
Mar 4, 2022 76 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Ebates Performance Marketing, Inc. dba Rakuten Rewards' Identification of Accused Products, Asserted Patents and Damage Model filed by Ebates Performance Marketing, Inc..(Schladweiler, Benjamin)
Mar 4, 2022 77 Motion for Leave to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification of Vimal M. Kapadia)(Schladweiler, Benjamin)
Mar 4, 2022 77 Motion for Leave to Appear Pro Hac Vice (Certification of Vimal M. Kapadia) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Vimal M. Kapadia - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Attachments: # (1) Certification of Vimal M. Kapadia)(Schladweiler, Benjamin)
Mar 1, 2022 74 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant To Fed. R. Civ. P. 26; IBM's First Set Of Jurisdictional Requests For Production To Defendants (Nos. 1-15); and IBM's First Set Of Jurisdictional Interrogatories To Defendants (Nos. 1-9) filed by International Business Machines Corporation.(Palapura, Bindu)
Feb 28, 2022 73 Notice of Service (2)
Docket Text: NOTICE OF SERVICE of Defendants' Initial Disclosures filed by Ebates Performance Marketing, Inc., Rakuten, Inc..(Schladweiler, Benjamin)
Feb 25, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [72] STIPULATION TO EXTEND TIME to File Protective Order to March 14, 2022 filed by Rakuten USA, Inc., Ebates Performance Marketing, Inc.. Signed by Judge Leonard P. Stark on 2/25/2022. (etg)
Feb 24, 2022 72 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME to File Protective Order to March 14, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten USA, Inc.. (Schladweiler, Benjamin)
Feb 18, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [71] STIPULATION TO EXTEND TIME to respond to Second Amended Complaint to March 18, 2022 filed by Rakuten, Inc., Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 2/17/22. (ntl)
Feb 17, 2022 70 Amended Complaint* (1)
Feb 17, 2022 N/A Oral Order (0)
Docket Text: ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 2/17/2022. (dlb)
Feb 17, 2022 70 Amended Complaint (Main Document) (30)
Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu)
Feb 17, 2022 70 Amended Complaint (Exhibit A-I) (30)
Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu)
Feb 17, 2022 70 Amended Complaint (Exhibit J-W) (30)
Docket Text: Second AMENDED COMPLAINT for Patent Infringement against Ebates Performance Marketing, Inc., Rakuten, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-I, # (2) Exhibit J-W)(Palapura, Bindu)
Feb 17, 2022 71 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to respond to Second Amended Complaint to March 18, 2022 - filed by Ebates Performance Marketing, Inc., Rakuten, Inc.. (Schladweiler, Benjamin)
Feb 16, 2022 N/A Case Referred to Mediation (0)
Docket Text: CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel)
Feb 16, 2022 67 Scheduling Order (15)
Docket Text: SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Fact Discovery completed by 3/13/2023. Status Report due by 8/24/2022. Dispositive Motions due by 8/4/2023. AN Oral Argument is set for 10/2/2023 at 10:00 AM before Judge Leonard P. Stark. Claim Construction Opening Brief due by 8/10/2022. Claim Construction Answering Brief due by 8/31/2022. A Markman Hearing is set for 9/30/2022 at 01:00 PM before Judge Leonard P. Stark. A Final Pretrial Conference is set for 12/29/2023 at 10:00 AM before Judge Leonard P. Stark. A 7-10 day Jury Trial is set for 1/15/2024 at 09:00 AM before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 2/14/22. (ntl)
Feb 16, 2022 68 Order (1)
Docket Text: ORDER re [66] MOTION for Leave to File A Second Amended Complaint (Unopposed) filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 2/16/22. (ntl)
Feb 14, 2022 66 Motion for Leave to File (Main Document) (3)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 14, 2022 66 Motion for Leave to File (Exhibit A - Second Amended Complaint) (30)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 14, 2022 66 Motion for Leave to File (Exhibit A-I to Second Amended Complaint) (30)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 14, 2022 66 Motion for Leave to File (Exhibit J-W to Second Amended Complaint) (30)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 14, 2022 66 Motion for Leave to File (Exhibit B - Redline) (30)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 14, 2022 66 Motion for Leave to File (Text of Proposed Order) (1)
Docket Text: MOTION for Leave to File A Second Amended Complaint (Unopposed) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Second Amended Complaint, # (2) Exhibit A-I to Second Amended Complaint, # (3) Exhibit J-W to Second Amended Complaint, # (4) Exhibit B - Redline, # (5) Text of Proposed Order)(Palapura, Bindu)
Feb 4, 2022 64 Proposed Order (15)
Docket Text: PROPOSED ORDER Scheduling Order by International Business Machines Corporation. (Palapura, Bindu)
Feb 4, 2022 65 Letter (1)
Docket Text: Letter to The Honorable Leonard P. Stark from Bindu A. Palapura regarding joint status report and enclosing proposed scheduling order - re [64] Proposed Order. (Palapura, Bindu)
Jan 31, 2022 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [62] STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' Motion to Dismiss for Failure to State a Claim to February 14, 2022 filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 1/31/22. (ntl)
Jan 25, 2022 N/A Telephone Conference (0)
Docket Text: Minute Entry for proceedings held before Judge Leonard P. Stark - Argument by Telephone Conference held on 1/25/2022. (Court Reporter M. Rolfe.) (ntl)
Jan 25, 2022 N/A Order (0)
Docket Text: ORAL ORDER: For the reasons stated during today's teleconference, IT IS HEREBY ORDERED that Defendant Rakuten, Inc.'s motion to dismiss (D.I. 31) is DENIED WITHOUT PREJUDICE to renew upon completion of jurisdictional discovery. IT IS FURTHER ORDERED that the parties shall meet and confer and, no later than February 4, 2022, submit a joint status report and a proposed scheduling order (clearly indicating their competing proposals, if there are any). The scheduling order shall include provision for the scope and schedule governing jurisdictional discovery, as well as all the other components required by Judge Stark's form scheduling order for patent cases. ORDERED by Judge Leonard P. Stark on 1/25/22. (ntl)
Jan 21, 2022 62 Stipulation to EXTEND Time (1)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiff to respond to Defendants' Motion to Dismiss for Failure to State a Claim to February 14, 2022 - filed by International Business Machines Corporation. (Palapura, Bindu)
Jan 17, 2022 60 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Jan 17, 2022 61 Opening Brief in Support (23)
Docket Text: OPENING BRIEF in Support re [60] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 1/31/2022. (Schladweiler, Benjamin)
Jan 14, 2022 N/A Order Setting Teleconference (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the hearing on January 25, 2022 at 2:00 p.m. will proceed by teleconference. The parties and any interested member of the public can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 1/14/22. (ntl)
Jan 6, 2022 58 Notice (Other) (1)
Docket Text: NOTICE of Withdrawal of Stephanie E. O'Byrne by International Business Machines Corporation (Moore, David)
Dec 20, 2021 N/A Order (0)
Docket Text: ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the pending motions on January 25, 2022 beginning at 2:00 p.m. in Courtroom 6B. Each side will be allocated up to forty-five (45) minutes to present its argument. ORDERED by Judge Leonard P. Stark on 12/20/21. (ntl)
Dec 7, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [56] STIPULATION TO EXTEND TIME to Answer Amended Complaint to January 17, 2022 filed by Ebates Performance Marketing, Inc. Signed by Judge Leonard P. Stark on 12/7/21. (ntl)
Dec 7, 2021 56 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to Answer Amended Complaint to January 17, 2022 - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Dec 3, 2021 55 Notice (Other) (2)
Docket Text: NOTICE of Partial Dismissal by International Business Machines Corporation (Palapura, Bindu)
Nov 17, 2021 54 Answer to Counterclaim (16)
Docket Text: ANSWER to [26] Counterclaim by International Business Machines Corporation.(Palapura, Bindu)
Nov 4, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [53] STIPULATION Of Withdrawal Of IBM's Partial Motion To Dismiss filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 11/4/21. (ntl)
Nov 2, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Michael Rhodes for International Business Machines Corporation added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (apk)
Nov 2, 2021 53 Stipulation (2)
Docket Text: STIPULATION Of Withdrawal Of IBM's Partial Motion To Dismiss re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] by International Business Machines Corporation. (Palapura, Bindu)
Nov 1, 2021 52 Request for Oral Argument (2)
Docket Text: REQUEST for Oral Argument by International Business Machines Corporation re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2). (Palapura, Bindu)
Oct 26, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [47] Stipulation of Voluntary Dismissal Without Prejudice of Ebates, Inc. DBA Rakuten -- Motion terminated: [28] MOTION to Dismiss filed by Ebates Inc. Signed by Judge Leonard P. Stark on 10/26/21. (ntl)
Oct 26, 2021 48 Response to Motion (2)
Docket Text: RESPONSE to Motion re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Oct 26, 2021 49 Reply Brief (15)
Docket Text: REPLY BRIEF re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by Rakuten, Inc.. (Schladweiler, Benjamin)
Oct 26, 2021 50 Declaration (5)
Docket Text: DECLARATION re [49] Reply Brief, Reply Declaration of Noriel Cunanan in Support of Rakuten, Inc.'s Motion to Dismiss First Amended Complaint by Rakuten, Inc.. (Schladweiler, Benjamin)
Oct 26, 2021 51 Reply Brief (10)
Docket Text: REPLY BRIEF re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Oct 25, 2021 47 Stipulation of Dismissal (5)
Docket Text: STIPULATION of Dismissal [Stipulation of Voluntary Dismissal Without Prejudice of Ebates, Inc. DBA Rakuten] by International Business Machines Corporation. (Palapura, Bindu)
Oct 12, 2021 38 Motion to Dismiss for Failure to State a Claim (Main Document) (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] - filed by International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Palapura, Bindu)
Oct 12, 2021 38 Motion to Dismiss for Failure to State a Claim (Text of Proposed Order) (1)
Docket Text: MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] - filed by International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Palapura, Bindu)
Oct 12, 2021 39 Opening Brief in Support (17)
Docket Text: OPENING BRIEF in Support re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] filed by International Business Machines Corporation.Answering Brief/Response due date per Local Rules is 10/26/2021. (Palapura, Bindu)
Oct 12, 2021 40 Declaration (Main Document) (3)
Docket Text: DECLARATION re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu)
Oct 12, 2021 40 Declaration (Exhibit 1-11) (30)
Docket Text: DECLARATION re [38] MOTION to Dismiss for Failure to State a Claim [IBM's Partial Motion to Dismiss Rakuten's Counterclaims] [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu)
Oct 12, 2021 41 Answering Brief in Opposition (15)
Docket Text: ANSWERING BRIEF in Opposition re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu)
Oct 12, 2021 42 Declaration (Main Document) (2)
Docket Text: DECLARATION re [41] Answering Brief in Opposition, [Declaration of Karim Z. Oussayef] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1)(Palapura, Bindu)
Oct 12, 2021 42 Declaration (Exhibit 1) (11)
Docket Text: DECLARATION re [41] Answering Brief in Opposition, [Declaration of Karim Z. Oussayef] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1)(Palapura, Bindu)
Oct 12, 2021 43 Answering Brief in Opposition (13)
Docket Text: ANSWERING BRIEF in Opposition re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu)
Oct 12, 2021 44 Declaration (Main Document) (2)
Docket Text: DECLARATION re [43] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu)
Oct 12, 2021 44 Declaration (Exhibit 1-3) (30)
Docket Text: DECLARATION re [43] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-3)(Palapura, Bindu)
Oct 12, 2021 45 Answering Brief in Opposition (26)
Docket Text: ANSWERING BRIEF in Opposition re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by International Business Machines Corporation.Reply Brief due date per Local Rules is 10/19/2021. (Palapura, Bindu)
Oct 12, 2021 46 Declaration (Main Document) (3)
Docket Text: DECLARATION re [45] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu)
Oct 12, 2021 46 Declaration (Exhibit 1-11) (22)
Docket Text: DECLARATION re [45] Answering Brief in Opposition, [Declaration of Michael R. Rhodes] by International Business Machines Corporation. (Attachments: # (1) Exhibit 1-11)(Palapura, Bindu)
Sep 30, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [37] MOTION for Pro Hac Vice Appearance of Attorney Michael Rhodes of Desmarais LLP filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 9/30/21. (ntl)
Sep 30, 2021 37 Motion for Leave to Appear Pro Hac Vice (2)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Michael Rhodes of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
Sep 21, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [36] Stipulation and Order to Extend Time filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 9/21/21. (ntl)
Sep 17, 2021 36 Stipulation (2)
Docket Text: STIPULATION and Order to Extend Time for Briefing Deadlines re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6), [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2), [26] Counterclaim, [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) by International Business Machines Corporation. (Palapura, Bindu)
Sep 7, 2021 23 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Sep 7, 2021 24 Opening Brief in Support (10)
Docket Text: OPENING BRIEF in Support re [23] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Performance Marketing, Inc. dba Rakuten Reward's Partial Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Performance Marketing, Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Main Document) (3)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Exhibit 1) (10)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Exhibit 2) (18)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Exhibit 3) (16)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Exhibit 4) (13)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 25 Declaration (Exhibit 5) (12)
Docket Text: DECLARATION re [24] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Schladweiler, Benjamin)
Sep 7, 2021 26 Counterclaim (Main Document) (27)
Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin)
Sep 7, 2021 26 Counterclaim (Exhibit 1) (17)
Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin)
Sep 7, 2021 26 Counterclaim (Exhibit 2) (12)
Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin)
Sep 7, 2021 26 Counterclaim (Exhibit 3) (10)
Docket Text: COUNTERCLAIM against International Business Machines Corporation - filed by Ebates Performance Marketing, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schladweiler, Benjamin)
Sep 7, 2021 27 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,962,960 ;8,072,968 ;6,697,861 . (Schladweiler, Benjamin)
Sep 7, 2021 28 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) - filed by Ebates Inc.. (Schladweiler, Benjamin)
Sep 7, 2021 29 Opening Brief in Support (12)
Docket Text: OPENING BRIEF in Support re [28] MOTION to Dismiss for Failure to State a Claim Defendant Ebates Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(6) filed by Ebates Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin)
Sep 7, 2021 30 Declaration (Main Document) (2)
Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Sep 7, 2021 30 Declaration (Exhibit 1) (3)
Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Sep 7, 2021 30 Declaration (Exhibit 2) (10)
Docket Text: DECLARATION re [29] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schladweiler, Benjamin)
Sep 7, 2021 31 Motion to Dismiss/Lack of Personal Jurisdiction (2)
Docket Text: MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) - filed by Rakuten, Inc.. (Schladweiler, Benjamin)
Sep 7, 2021 32 Opening Brief in Support (22)
Docket Text: OPENING BRIEF in Support re [31] MOTION to Dismiss for Lack of Jurisdiction Over the Person Defendant Rakuten, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint for Patent Infringement Under Fed. R. Civ. P. 12(b)(2) filed by Rakuten, Inc..Answering Brief/Response due date per Local Rules is 9/21/2021. (Schladweiler, Benjamin)
Sep 7, 2021 33 Declaration (6)
Docket Text: DECLARATION re [32] Opening Brief in Support, Declaration of Kentaro Hyakuno by Rakuten, Inc.. (Schladweiler, Benjamin)
Sep 7, 2021 34 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Ebates Inc. for Ebates Performance Marketing, Inc. filed by Ebates Performance Marketing, Inc.. (Schladweiler, Benjamin)
Sep 7, 2021 35 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Rakuten USA, Inc. for Ebates Inc. filed by Ebates Inc.. (Schladweiler, Benjamin)
Jul 9, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [22] STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 7/9/2021. (etg)
Jul 8, 2021 21 Waiver of Service Executed (1)
Docket Text: WAIVER OF SERVICE returned executed by International Business Machines Corporation: For Rakuten, Inc. waiver sent on 6/24/2021, answer due 9/22/2021. (O'Byrne, Stephanie)
Jul 8, 2021 22 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Defendants to answer, move, or otherwise respond to the First Amended Complaint to September 7, 2021 - filed by International Business Machines Corporation. (O'Byrne, Stephanie)
Jun 24, 2021 20 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Ebates Performance Marketing, Inc. served on 6/24/2021, answer due 7/15/2021. (Palapura, Bindu)
Jun 23, 2021 18 Amended Complaint (Main Document) (30)
Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu)
Jun 23, 2021 18 Amended Complaint (Exhibit A-H) (30)
Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu)
Jun 23, 2021 18 Amended Complaint (Exhibit I) (30)
Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu)
Jun 23, 2021 18 Amended Complaint (Exhibit J-V) (30)
Docket Text: First AMENDED COMPLAINT For Patent Infringement against Ebates Inc., Rakuten, Inc., Ebates Performance Marketing, Inc.- filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-H, # (2) Exhibit I, # (3) Exhibit J-V)(Palapura, Bindu)
Jun 23, 2021 19 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 9,569,414 ;7,076,443 (Amended). (Palapura, Bindu)
Jun 8, 2021 17 Notice (Other) (1)
Docket Text: NOTICE of Withdrawal of Joseph D. Farris, III by International Business Machines Corporation (Palapura, Bindu)
May 27, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [16] STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively filed by International Business Machines Corporation. Signed by Judge Leonard P. Stark on 5/27/21. (ntl)
May 26, 2021 16 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME for Plaintiffs to respond to Motion to Dismiss (D.I. 13), either with an opposition brief or by amending the complaint, and for Defendants to reply to any opposition brief to June 23, 2021 and July 14, 2021, respectively - filed by International Business Machines Corporation. (Palapura, Bindu)
May 19, 2021 13 Motion to Dismiss for Failure to State a Claim (2)
Docket Text: MOTION to Dismiss for Failure to State a Claim - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Schladweiler, Benjamin)
May 19, 2021 14 Opening Brief in Support (18)
Docket Text: OPENING BRIEF in Support re [13] MOTION to Dismiss for Failure to State a Claim filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc..Answering Brief/Response due date per Local Rules is 6/2/2021. (Schladweiler, Benjamin)
May 19, 2021 15 Declaration (Main Document) (2)
Docket Text: DECLARATION re [14] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit A & B)(Schladweiler, Benjamin)
May 19, 2021 15 Declaration (Exhibit A & B) (13)
Docket Text: DECLARATION re [14] Opening Brief in Support, Declaration of Joshua L. Raskin by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit A & B)(Schladweiler, Benjamin)
Apr 14, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [12] STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to March 29, 2021 filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/14/21. (ntl)
Apr 14, 2021 12 Stipulation to EXTEND Time (2)
Docket Text: STIPULATION TO EXTEND TIME to move, answer or otherwise respond to Complaint to May 19, 2021 - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin)
Apr 7, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorneys John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong, John Dao for International Business Machines Corporation 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. (kmd)
Apr 6, 2021 N/A SO ORDERED (0)
Docket Text: SO ORDERED, re [9] MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP filed by International Business Machines Corporation, [11] MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder filed by Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. Signed by Judge Leonard P. Stark on 4/6/21. (ntl)
Apr 6, 2021 N/A Add Attorneys Pro Hac Vice (0)
Docket Text: Pro Hac Vice Attorney Allan A. Kassenoff,Julie P. Bookbinder,Joshua L. Raskin for Ebates Inc., for Rakuten Commerce, LLC, for Rakuten USA, 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. (myr)
Apr 5, 2021 10 Notice of Appearance (1)
Docket Text: NOTICE of Appearance by Benjamin J. Schladweiler on behalf of Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc. (Schladweiler, Benjamin)
Apr 5, 2021 11 Motion for Leave to Appear Pro Hac Vice (Main Document) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin)
Apr 5, 2021 11 Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Joshua L. Raskin) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin)
Apr 5, 2021 11 Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Allan A. Kassenoff) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin)
Apr 5, 2021 11 Motion for Leave to Appear Pro Hac Vice (Exhibit Certification of Julie P. Bookbinder) (1)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney Joshua L. Raskin, Allan A. Kassenoff and Julie P. Bookbinder - filed by Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc.. (Attachments: # (1) Exhibit Certification of Joshua L. Raskin, # (2) Exhibit Certification of Allan A. Kassenoff, # (3) Exhibit Certification of Julie P. Bookbinder)(Schladweiler, Benjamin)
Apr 1, 2021 9 Motion for Leave to Appear Pro Hac Vice (7)
Docket Text: MOTION for Pro Hac Vice Appearance of Attorney John M. Desmarais, Karim Z. Oussayef, Brian D. Matty, Jun Tong and John Dao of Desmarais LLP - filed by International Business Machines Corporation. (Palapura, Bindu)
Mar 31, 2021 N/A Case Assigned/Reassigned (0)
Docket Text: Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
Mar 30, 2021 6 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Rakuten USA, Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David)
Mar 30, 2021 7 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Rakuten Commerce, LLC served on 3/29/2021, answer due 4/19/2021. (Moore, David)
Mar 30, 2021 8 Summons Returned Executed (2)
Docket Text: SUMMONS Returned Executed by International Business Machines Corporation. Ebates Inc. served on 3/29/2021, answer due 4/19/2021. (Moore, David)
Mar 29, 2021 1 Complaint* (1)
Mar 29, 2021 1 Complaint (Main Document) (30)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg)
Mar 29, 2021 1 Complaint (Exhibit A-D) (30)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg)
Mar 29, 2021 1 Complaint (Civil Cover Sheet) (2)
Docket Text: COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against Ebates Inc., Rakuten Commerce, LLC, Rakuten USA, Inc., Rakuten, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3581493.) - filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A-D, # (2) Civil Cover Sheet)(nmg)
Mar 29, 2021 2 Magistrate Consent Forms (3)
Docket Text: Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
Mar 29, 2021 3 Patent/Trademark Report to Commissioner (1)
Docket Text: Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,072,849; 7,631,346; 6,785,676; 7,543,234. (nmg)
Mar 29, 2021 4 Disclosure Statement (1)
Docket Text: Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by International Business Machines Corporation. (nmg)
Mar 29, 2021 5 Summons Issued - Electronic (8)
Docket Text: Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg)
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