Digital Background Corporation v. Apple, Inc.

Plaintiff:Digital Background Corporation
Defendant:Apple, Inc.
 
Case Number:3:2007cv00803
Filed:November 14, 2007
 
Court:Illinois Southern District Court
Office:East St. Louis Office [ Court Info ]
County:Jackson
Presiding Judge:Chief Judge David R Herndon
Referring Judge:Mag/Judge Clifford J. Proud
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
November 14, 2007 1  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)
November 14, 2007 2  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)
November 14, 2007 3  Corporate Disclosure Statement by Digital Background Corporation. (Lesko, Paul) (Entered: November 14, 2007)
November 16, 2007 4  AO 120 Report on the filing or determination of an action regarding a Patent or Trademark. (tkm ) (Entered: November 16, 2007)
November 16, 2007 5  Summons Issued as to Apple, Inc. (tkm ) (Entered: November 16, 2007)
December 4, 2007 6  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)
December 12, 2007 7  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)
December 18, 2007 8  Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Apple, Inc.. (Gutzler, Greg) (Entered: December 18, 2007)
December 19, 2007 9  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)
December 24, 2007 10  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)
December 26, 2007 11  NOTICE of Appearance by Joseph P. Conran on behalf of Apple, Inc. (Conran, Joseph) (Entered: December 26, 2007)
December 28, 2007 12  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)
January 4, 2008 13  NOTICE of Appearance by Dutro E. Campbell, II on behalf of Apple, Inc. (Campbell, Dutro) (Entered: January 4, 2008)
January 8, 2008 14  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)
January 8, 2008 15  NOTICE of Appearance by Stephen C. Smith on behalf of Digital Background Corporation (Smith, Stephen) (Entered: January 8, 2008)
January 9, 2008 16  Corporate Disclosure Statement by Apple, Inc.. (Campbell, Dutro) (Entered: January 9, 2008)
January 16, 2008 17  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)
January 16, 2008 18  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)
January 16, 2008 19  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)
January 16, 2008 20  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)
January 16, 2008 21  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)
January 17, 2008 22  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)
January 18, 2008 23  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)
January 22, 2008 24  ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Digital Background Corporation by Apple, Inc..(Conran, Joseph) (Entered: January 22, 2008)
February 6, 2008 25  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)
February 13, 2008 26  NOTICE of Appearance by Katharine Anne Wark on behalf of Digital Background Corporation (Wark, Katharine) (Entered: February 13, 2008)
February 13, 2008 27  NOTICE of Appearance by Ted N. Gianaris on behalf of Digital Background Corporation (Gianaris, Ted) (Entered: February 13, 2008)
February 14, 2008 28  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)
February 14, 2008 29  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)
February 25, 2008 30  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)
March 4, 2008 31  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: March 4, 2008)
March 17, 2008 32  MOTION to Withdraw as Attorney by Digital Background Corporation. (Wark, Katharine) (Entered: March 17, 2008)
March 17, 2008 33  MOTION to Withdraw as Attorney by Apple, Inc.. (Gutzler, Greg) (Entered: March 17, 2008)
March 17, 2008 34  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)
March 18, 2008 35  Letter to Northern District of California re case transfer (dka, ) (Entered: March 18, 2008)
June 30, 2008 36  Case electronically transferred to Northern District of California. (djs) (Entered: June 30, 2008)
July 28, 2008 37  Case electronically transferred to Northern District of California as case did not transmit to ND/CA on 6/30/08. (djs) (Entered: July 28, 2008)
Docket Report Last Checked: August 5, 2008 12:07:16 PDT
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Plaintiff: Digital Background Corporation
Represented By: Paul A. Lesko
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Defendant: Apple, Inc.
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