Plaintiff Digital Background Corporation alleged that Defendant Apple Inc. infringed on U.S. Patent No. 5,764,306 entitled "Real-Time Method of Digitally Altering a Video Data Stream to Remove Portions of the Original Image and Substitute Elements to Create a New Image." Defendant Apple Inc. counterclaimed and requested declaratory judgment that the '306 patent claims are invalid, unenforceable and not infringed.
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Date Filed
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#
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Docket Text
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| November 14, 2007 |
1
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Case Opened. Filing fee paid $ 350.00, Receipt Number 34625002417. Documents may now be electronically filed. Case number 07-803-DRH must be placed on all documents prior to filing them
electronically. (Attachments: # 1 Notice to Consent by Magistrate Judge)(tkm ) (Entered: November 14, 2007)
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| November 14, 2007 |
2
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COMPLAINT against Apple, Inc. (Filing fee $ 350.), filed by Digital Background Corporation. (Attachments: # 1 Exhibit A#
2 Exhibit B# 3 Exhibit C# 4 Civil Cover Sheet)(Lesko, Paul) (Entered: November 14, 2007)
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| November 14, 2007 |
3
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Corporate Disclosure Statement by Digital Background Corporation. (Lesko, Paul) (Entered: November 14, 2007)
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| November 16, 2007 |
4
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AO 120 Report on the filing or determination of an action regarding a Patent or Trademark. (tkm ) (Entered: November 16, 2007)
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| November 16, 2007 |
5
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Summons Issued as to Apple, Inc. (tkm ) (Entered: November 16, 2007)
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| December 4, 2007 |
6
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SUMMONS Returned Executed by Digital Background Corporation. Apple, Inc. served on 11/30/2007, answer due 12/20/2007. (Lesko, Paul) (Entered: December 4, 2007)
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| December 12, 2007 |
7
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ORDER OF RECUSAL. Judge David R Herndon recused. Case reassigned to Judge William D. Stiehl for all further proceedings. Signed by Judge David R Herndon on 12/12/07. (pab ) (Entered:
12/12/2007)
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| December 18, 2007 |
8
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Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Apple, Inc.. (Gutzler, Greg) (Entered: December 18, 2007)
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| December 19, 2007 |
9
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ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Signed by Judge William D. Stiehl on 12/19/07. (jkb) (Entered:
12/19/2007)
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| December 24, 2007 |
10
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ORDER, Granting 8 Consent MOTION for Extension of Time up to 1/22/08 to File
Answer or Otherwise Plead filed by Apple, Inc. Signed by Judge Clifford J. Proud on 12/21/07. (amv) (Entered: December 24, 2007)
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| December 26, 2007 |
11
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NOTICE of Appearance by Joseph P. Conran on behalf of Apple, Inc. (Conran, Joseph) (Entered: December 26, 2007)
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| December 28, 2007 |
12
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Dutro E. Campbell, II for Apple, Inc. $100.00 fee paid,receipt number 34625003273 (tkm ) (Entered: December 28, 2007)
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| January 4, 2008 |
13
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NOTICE of Appearance by Dutro E. Campbell, II on behalf of Apple, Inc. (Campbell, Dutro) (Entered: January 4, 2008)
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| January 8, 2008 |
14
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ELECTRONIC ORDER by Judge J. Phil Gilbert re DOC. 11 filed by APPLE, INC. Party failed to file corporate disclosure as required by F.R.Civ.P. 7.1. Requisite filing must be made on or
before 1/25/2008. Failure to do so may result in the striking of all present and future filings.Signed by Judge J. Phil Gilbert on 1/8/08. (kmb, )THIS TEXT ENTRY IS AN ORDER OF THE COURT.
NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: January 8, 2008)
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| January 8, 2008 |
15
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NOTICE of Appearance by Stephen C. Smith on behalf of Digital Background Corporation (Smith, Stephen) (Entered: January 8, 2008)
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| January 9, 2008 |
16
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Corporate Disclosure Statement by Apple, Inc.. (Campbell, Dutro) (Entered: January 9, 2008)
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| January 16, 2008 |
17
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Jason Anderson for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: January 16, 2008)
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| January 16, 2008 |
18
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Henry C. Bunsow for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: January 16, 2008)
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| January 16, 2008 |
19
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Christina M. Finn for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm) (Entered: January 16, 2008)
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| January 16, 2008 |
20
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Ryan Moran for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: January 16, 2008)
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| January 16, 2008 |
21
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Motion and Order to Appear Pro Hac Vice granting appearance of Attorney James F. Valentine for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: January 16, 2008)
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| January 17, 2008 |
22
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CJRA TRACK B assigned:Final Pretrial Conference set for 1/9/2009 at 09:30 AM in Benton Court House before Judge J. Phil Gilbert.,Jury Trial set for 1/20/2009 at 09:00 AM in Benton Court
House before Judge J. Phil Gilbert. (by:kjr) (Entered: January 17, 2008)
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| January 18, 2008 |
23
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NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 2/19/2008 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv)
(Entered: January 18, 2008)
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| January 22, 2008 |
24
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ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Digital Background Corporation by Apple, Inc..(Conran, Joseph) (Entered: January 22, 2008)
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| February 6, 2008 |
25
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MOTION to Transfer Case by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Bruce Arthur, # 2 Affidavit Declaration of James F. Valentine, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Certificate of Service)(Valentine, James) (Entered: February 6, 2008)
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| February 13, 2008 |
26
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NOTICE of Appearance by Katharine Anne Wark on behalf of Digital Background Corporation (Wark, Katharine) (Entered: February 13, 2008)
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| February 13, 2008 |
27
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NOTICE of Appearance by Ted N. Gianaris on behalf of Digital Background Corporation (Gianaris, Ted) (Entered: February 13, 2008)
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| February 14, 2008 |
28
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MOTION to Dismiss Counterclaim Count III, or in the Alternative, Motion to Strike Counterclaim Count III of Defendant Apple, Inc. by Digital Background Corporation. Responses due
by 3/18/2008 (Lesko, Paul) (Entered: February 14, 2008)
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| February 14, 2008 |
29
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Minute Entry for proceedings held before Magistrate Judge Clifford J. Proud: The Court has received the Joint Report of the Parties. The Telephone Scheduling Conference set 2/19/08 is
cancelled. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: February 14, 2008)
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| February 25, 2008 |
30
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MEMORANDUM in Opposition re 25 MOTION to Transfer Case filed by Digital
Background Corporation. (Attachments: # 1 Exhibit A - Apple Reports Fourth Quarter Results, # 2 Exhibit B - Westlaw - Apple Computer, Inc. v. Unova, Inc.; D.Del, 2003, # 3 Exhibit C - Excerpt, Apple, Inc.'s Form 10-K Filed with SEC, # 4
Exhibit D - List of Authorized Apple Resellers within Zip Code 62201)(Lesko, Paul) (Entered: February 25, 2008)
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| March 4, 2008 |
31
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REPLY to Response to Motion re 25 MOTION to Transfer Case filed by Apple,
Inc.. (Attachments: # 1 Affidavit Declaration of Christina M. Finn, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Certificate of Service)(Valentine, James) (Entered:
03/04/2008)
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| March 17, 2008 |
32
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MOTION to Withdraw as Attorney by Digital Background Corporation. (Wark, Katharine) (Entered: March 17, 2008)
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| March 17, 2008 |
33
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MOTION to Withdraw as Attorney by Apple, Inc.. (Gutzler, Greg) (Entered: March 17, 2008)
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| March 17, 2008 |
34
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MEMORANDUM AND ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of California. Signed by Judge J. Phil Gilbert on 3/17/08. (dka, ) (Entered: March 18, 2008)
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| March 18, 2008 |
35
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Letter to Northern District of California re case transfer (dka, ) (Entered: March 18, 2008)
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| June 30, 2008 |
36
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Case electronically transferred to Northern District of California. (djs) (Entered: June 30, 2008)
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| July 30, 2008 |
38
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ADR SCHEDULING ORDER: Case Management Statement due by 11/12/2008. Case Management Conference set for 11/19/2008 02:30 PM. (bw, COURT STAFF) (Filed on 7/30/2008) (Entered: August 1, 2008)
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| August 1, 2008 |
37
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Case transferred in from District of Illinois Southern; Case Number 3:07-cv-00803. Original file with documents numbered 1 - 36, certified copy of transfer order and docket sheet
received. (Entered: August 1, 2008)
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| August 4, 2008 |
39
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Joint Stipulation to Dismiss with Prejudice by Digital Background Corporation. (Attachments: # 1 (Proposed) Order)(Howard,
Crystal) (Filed on 8/4/2008) Text modified on 8/4/2008 (bw, COURT STAFF). (Entered: August 4, 2008)
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| August 5, 2008 |
40
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ORDER DISMISSING CASE re 39 . Signed by Judge Richard Seeborg on 8/5/08.
(rssec, COURT STAFF) (Filed on 8/5/2008) (Entered: August 5, 2008)
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