Elan Microelectronics Corporation v. Apple, Inc.

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Plaintiff:Elan Microelectronics Corporation
Defendant:Apple, Inc.
 
Case Number:5:2009cv01531
Filed:April 7, 2009
 
Court:California Northern District Court
Office:Patent Office [ Court Info ]
County:Santa Clara
Presiding Judge:Magistrate Judge Richard Seeborg
 
Nature of Suit:Intellectual Property - Patent
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:35:271 Patent Infringement
Date Filed # Docket Text
April 7, 2009 1 COMPLAINT for Patent Infringement (Summons Issued); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 54611004046). Filed byElan Microelectronics Corporation. (Attachments: # 1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 4/7/2009) (Entered: April 8, 2009)
April 7, 2009 2 Summons Issued as to Apple, Inc. (bw, COURT STAFF) (Filed on 4/7/2009) (Entered: April 8, 2009)
April 7, 2009 3 ADR SCHEDULING ORDER: Case Management Statement due by 8/5/2009. Case Management Conference set for 8/12/2009 02:30 PM. (bw, COURT STAFF) (Filed on 4/7/2009) (Entered: April 8, 2009)
April 7, 2009   CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/7/2009) (Entered: April 8, 2009)
April 8, 2009 4 REPORT on the filing or determination of an action regarding Patent Infringement (cc: form mailed to register). (bw, COURT STAFF) (Filed on 4/8/2009) (Entered: April 8, 2009)
April 13, 2009 5 SUMMONS Returned Executed by Elan Microelectronics Corporation. Apple, Inc. served on 4/8/2009, answer due 4/28/2009. (bw, COURT STAFF) (Filed on 4/13/2009) (Entered: April 13, 2009)
April 27, 2009 6 STIPULATION to Extend Time to Respond to Complaint ( 1 ) by Apple, Inc. (Mehta, Sonal) (Filed on 4/27/2009) Linkage added on 4/28/2009 (bw, COURT STAFF). (Entered: April 27, 2009)
June 12, 2009 7 ANSWER to Complaint re ( 1 ) with Jury Demand by Apple, Inc. (Reines, Edward) (Filed on 6/12/2009) Linkage added on 6/15/2009 (bw, COURT STAFF). (Entered: June 12, 2009)
June 12, 2009 8 Certification of Interested Entities or Persons by Apple, Inc. (Reines, Edward) (Filed on 6/12/2009) Text modified on 6/15/2009 conforming to posted document (bw, COURT STAFF). (Entered: 06/12/2009)
June 12, 2009 9 Federal Rule of Civil Procedure Rule 7.1 Corporate Disclosure Statement by Apple, Inc. (Reines, Edward) (Filed on 6/12/2009) Text modified on 6/15/2009 (bw, COURT STAFF). (Entered: 06/12/2009)
June 15, 2009 10 STIPULATION & [Proposed] Order Rescheduling Initial Case Management Conference by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 6/15/2009) Modified on 6/16/2009 (bw, COURT STAFF). (Entered: June 15, 2009)
June 15, 2009 11 STIPULATION AND ORDER RE: 10 RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Conference originally set for 8/12/09 now re-scheduled for 8/26/09 at 2:30 PM, Courtroom 4, 5th Floor, San Jose. (rslc2, COURT STAFF) (Filed on 6/15/2009) (Entered: June 15, 2009)
June 16, 2009 12 Application for leave to appear in Pro Hac Vice for attorney T. Hunter Jefferson ( Filing fee $ 210, receipt number 54611005419) filed by Elan Microelectronics Corporation. (bw, COURT STAFF) (Filed on 6/16/2009) (Entered: June 17, 2009)
June 16, 2009 13 (Proposed) Order Granting Application for leave to appear in Pro Hac Vice for attorney T. Hunter Jefferson re 12 by Elan Microelectronics Corporation. (bw, COURT STAFF) (Filed on 6/16/2009) (Entered: June 17, 2009)
June 17, 2009 14 ORDER GRANTING 12 APPLICATION FOR ADMISSION OF T. HUNTER JEFFERSON PRO HAC VICE. (rslc2, COURT STAFF) (Filed on 6/17/2009) (Entered: June 17, 2009)
July 1, 2009 15 FIRST AMENDED ANSWER to 1 Complaint, Affirmative Defenses and , COUNTERCLAIMS against Elan Microelectronics Corporation'S Complaint for Patient Infringement byApple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Reines, Edward) (Filed on 7/1/2009) Text modified on 7/1/2009 (bw, COURT STAFF). (Entered: July 1, 2009)
July 21, 2009 16 MOTION to Dismiss Apple, Inc.'s Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) filed by Elan Microelectronics Corporation. Motion Hearing set for 8/26/2009 09:30 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: # 1 (Proposed) Order) (DeBruine, Sean) (Filed on 7/21/2009) Text modified on 7/22/2009 (bw, COURT STAFF). (Entered: July 21, 2009)
August 5, 2009 17 Opposition to Elan Microelectronics Corporation's Motion to Dismiss Apple Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6); For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) re 16 ; and (Proposed) Order filed by Apple, Inc. (Attachments: # 1 (Proposed) Order) (Reines, Edward) (Filed on 8/5/2009) Text modified on 8/6/2009 (bw, COURT STAFF). (Entered: August 5, 2009)
August 5, 2009 18 Declaration of Edward R. Reines in Support of Apple Inc's Opposition to Elan Microelectronics Corporation's Motion to Dismiss Apple Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6); For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) re 17 filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Rines, Edward) (Filed on 8/5/2009) Text modified on 8/6/2009 (bw, COURT STAFF). (Entered: August 5, 2009)
August 5, 2009 19 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Reines, Edward) (Filed on 8/5/2009) (Entered: August 5, 2009)
August 5, 2009 20 ADR Certification by Defendant and Counterclaim Plaintiff and Counsel (ADR L.R. 3-5 b) of discussion of ADR options by Apple Inc. (Reines, Edward) (Filed on 8/5/2009) Modified on 8/6/2009 (bw, COURT STAFF). (Entered: August 5, 2009)
August 6, 2009 21 ORDER SETTING CONSENT/DECLINATION DEADLINE. (rslc2, COURT STAFF) (Filed on 8/6/2009) (Entered: August 6, 2009)
August 7, 2009 22 Certification of Interested Entities or Persons by Elan Microelectronics Corporation (DeBruine, Sean) (Filed on 8/7/2009) Text modified on 8/10/2009 conforming to posted document caption (bw, COURT STAFF). (Entered: August 7, 2009)
August 10, 2009 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (DeBruine, Sean) (Filed on 8/10/2009) (Entered: August 10, 2009)
August 10, 2009 24 CLERKS NOTICE: Case Management Conference originally set for 8/26/09 continued to 10/7/2009 02:30 PM. Case Management Statement due by 9/30/2009. (rslc2, COURT STAFF) (Filed on 8/10/2009) (Entered: August 10, 2009)
August 12, 2009 25 Reply in Support of its Motion to Dismiss Apple, Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) filed by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 8/12/2009) Modified on 8/13/2009 (bw, COURT STAFF). (Entered: August 12, 2009)
August 12, 2009 26 Declaration of Sean P. DeBruine in Support of Reply in Support of its Motion to Dismiss Apple, Inc's Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) re 25 filed by Elan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q) (DeBruine, Sean) (Filed on 8/12/2009) Modified on 8/13/2009 (bw, COURT STAFF). (Entered: August 12, 2009)
August 14, 2009 27 CONSENT to Proceed Before a US Magistrate Judge by Elan Microelectronics Corporation Plaintiff And Counterdefendant Elan Microelectronics Corporation's (Kim, Sang Hui) (Filed on 8/14/2009) Modified on 8/17/2009 (bw, COURT STAFF). (Entered: August 14, 2009)
August 14, 2009 28 CONSENT to Proceed Before a US Magistrate Judge by Apple, Inc. (Reines, Edward) (Filed on 8/14/2009) Modified on 8/17/2009 (bw, COURT STAFF). (Entered: August 14, 2009)
August 20, 2009 29 MOTION for Leave to File a Surreply re 25 filed by Apple, Inc. Motion Hearing set for 9/30/2009 09:30 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: # 1 Apple's Surreply, # 2 (Proposed) Order) (Reines, Edward) (Filed on 8/20/2009) Modified on 8/21/2009 (bw, COURT STAFF). (Entered: August 20, 2009)
August 20, 2009 30 MOTION to Shorten Time for its Motion for Leave to File a Surreply 29 filed by Apple, Inc. Motion Hearing set for 9/30/2009 09:30 AM in Courtroom 4, 5th Floor, San Jose. (Attachments: # 1 (Proposed) Order) (Reines, Edward) (Filed on 8/20/2009) Modified on 8/21/2009 (bw, COURT STAFF). (Entered: August 20, 2009)
August 20, 2009 31 Declaration of Edward R. Reines in Support of Apple Inc's Motion to Shorten Time re 30 filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Reines, Edward) (Filed on 8/20/2009) Modified on 8/21/2009 (bw, COURT STAFF). (Entered: August 20, 2009)
August 25, 2009 32 Opposition to Apple's Motion for Leave to File Surreply re 29 , [25 filed by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 8/25/2009) Modified on 8/25/2009 (bw, COURT STAFF). (Entered: August 25, 2009)
August 25, 2009 33 Declaration of Sean P. DeBruine in Support of Apple's Motion for Leave to File a Surreply re 32 filed by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 8/25/2009) Modified on 8/25/2009 (bw, COURT STAFF). (Entered: August 25, 2009)
August 25, 2009 34 Opposition to Motion to Shorten Time for Motion for Leave to File Surreply re 30 , ( 29 ) ) filed by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 8/25/2009) Modified on 8/25/2009 (bw, COURT STAFF). (Entered: August 25, 2009)
August 26, 2009 35 Minute Entry: Motion Hearing held on 8/26/2009 before Judge Richard Seeborg (Date Filed: 8/26/2009) re 16 MOTION to Dismiss Apple, Inc.'s Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) MOTION to Dismiss Apple, Inc.'s Third, Fourth and Fifth Counterclaims Under Rule 12(b)(6) For Failure To State A Claim, Or In The Alternative, For More Definite Statement Under Rule 12(e) filed by Elan Microelectronics Corporation. (Tape #FTR.) (mpb, COURT STAFF) (Date Filed: 8/26/2009) (Entered: August 26, 2009)
August 27, 2009 36 ORDER REFERRING CASE to Magistrate Judge Joseph C. Spero for Settlement. Signed by Judge Richard Seeborg on 8/27/09. (rslc2, COURT STAFF) (Filed on 8/27/2009) (Entered: August 27, 2009)
August 27, 2009   CASE REFERRED to Magistrate Judge Joseph C. Spero for Settlement (klh, COURT STAFF) (Filed on 8/27/2009) (Entered: August 27, 2009)
September 14, 2009 37 CLERKS NOTICE SETTING TELEPHONIC SCHEDULING CONFERENCE for 9/24/9 at 10:00 AM. (klh, COURT STAFF) (Filed on 9/14/2009) (Entered: September 14, 2009)
September 14, 2009   Set/Reset Hearings: Telephonic Scheduling Conference set for 9/24/2009 at 10:00 AM in Courtroom A, 15th Floor, San Francisco. (klh, COURT STAFF) (Filed on 9/14/2009) (Entered: September 14, 2009)
September 14, 2009 38 ORDER RE: 16 GRANTING MOTION TO DISMISS COUNTERCLAIMS. (rslc2, COURT STAFF) (Filed on 9/14/2009) (Entered: September 14, 2009)
September 25, 2009 39 Minute Entry: TelephonicScheduling Conference held on 9/24/9 before Magistrate Judge Joseph C. Spero. (Court Reporter Not reported.) (klh, COURT STAFF) (Date Filed: 9/25/2009) (Entered: 09/25/2009)
September 25, 2009 40 NOTICE OF SETTLEMENT AND Order Setting Settlement Conference before Magistrate Judge JOSEPH C. SPERO. Settlement Conference set for 1/14/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 9/25/9. (klh, COURT STAFF) (Filed on 9/25/2009) (Entered: September 25, 2009)
September 30, 2009 41 JOINT CASE MANAGEMENT STATEMENT filed by Elan Microelectronics Corporation. (Attachments: # 1 Exhibit A) (DeBruine, Sean) (Filed on 9/30/2009) Modified on 10/1/2009 (bw, COURT STAFF). (Entered: September 30, 2009)
October 1, 2009 42 CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 10/7/2009 has been vacated. Claims Construction Hearing set for 5/12/2010 09:30 AM. Signed by Judge Richard Seeborg on 10/1/09. (rslc2, COURT STAFF) (Filed on 10/1/2009) (Entered: October 1, 2009)
October 5, 2009 43 Second Amended ANSWER; Affirmative Defenses, and Counterclaims to Elan Microelectronics Corporation's Complaint for Patent Infringement by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Reines, Edward) (Filed on 10/5/2009) Modified on 10/6/2009 (bw, COURT STAFF). (Entered: October 5, 2009)
October 20, 2009 44 ANSWER, Affirmative Defenses and COUNTERCLAIMS in Reponse to Apple, Inc's Second Amended Answer, Affirmative Defenses and Counterclaims re 43 by Elan Microelectronics Corporation. (DeBruine, Sean) (Filed on 10/20/2009) Modified on 10/21/2009 (bw, COURT STAFF). (Entered: 10/20/2009)
Docket Report Last Checked: November 5, 2009 21:11:05 PST
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Plaintiff: Elan Microelectronics Corporation
Represented By: Sean P DeBruine, Yitai Hu, S.H. Michael Kim, Christopher Augustine Rakow
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Defendant: Apple, Inc.
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