Red Bend Software, Inc. et al v. Google

Plaintiffs allege that Defendant Google Inc. infringed on U.S. Patent No. 6,546,552 entitled "Difference Extraction Between Two Versions of Data-Tables Containing Intra-References." Specifically, Plaintiffs allege that Defendant's implementation of its differential compression algorithm for making Google Chrome updates significantly smaller ("Courgette") infringes on one or more claims of the '522 patent. Additionally, Plaintiffs charge that Google's publication and distribution of the source code for the algorithm induces others' infringement of one or more claims of the '522 patent.
Plaintiffs:Red Bend Software, Inc. and Red Bend, Ltd.
Defendants:Google Inc.
 
Case Number:1:2009cv11813
Filed:October 26, 2009
 
Court:Massachusetts District Court
Office:Boston Office [ Court Info ]
County:Suffolk
Presiding Judge:Judge Douglas P. Woodlock
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
October 26, 2009 1 COMPLAINT against Google Inc., Red Bend Software, Inc., Red Bend, Ltd. Filing fee: $ 350, receipt number 01010000000002639553, filed by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet, # 3 Form AO 120)(Cloherty, Daniel) (Entered: October 26, 2009)
October 26, 2009 2 CORPORATE DISCLOSURE STATEMENT by Red Bend Software, Inc., Red Bend, Ltd.. (Cloherty, Daniel) (Entered: October 26, 2009)
October 26, 2009 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein (Cummings, Mary) (Entered: October 26, 2009)
October 26, 2009 3 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Cummings, Mary) (Entered: October 26, 2009)
October 26, 2009 4 Summons Issued as to Google Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cummings, Mary) (Entered: 10/26/2009)
October 26, 2009 5 AMENDED DOCUMENT by Red Bend Software, Inc., Red Bend, Ltd.. Amendment to 1 Complaint,. (Attachments: # 1 Exhibit A)(Cloherty, Daniel) (Entered: October 26, 2009)
November 5, 2009 6 (RE-DOCKETED) AMENDED COMPLAINT against Google Inc., filed by Red Bend Software, Inc., Red Bend, Ltd.. (Notice to Counsel, incorrect event used, event Amended Complaint should have been selected ) (York, Steve) (Additional attachment(s) added on 11/13/2009: # 2 Signed Amemded Complaint, # 3 Exhibit) (York, Steve). (Entered: November 5, 2009)
November 5, 2009 7 Summons Issued as to Google Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 11/05/2009)
November 17, 2009 8 MOTION for Preliminary Injunction by Red Bend Software, Inc., Red Bend, Ltd..(Cloherty, Daniel) (Entered: November 17, 2009)
November 17, 2009 9 MEMORANDUM in Support re 8 MOTION for Preliminary Injunction Enjoining Google's Infringement filed by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Declaration of Jennifer Tempesta (Part 1), # 2 Declaration of Jennifer Tempesta (Part 2), # 3 Declaration of Yoram Salinger, # 4 Declaration of Stephen Edwards)(Cloherty, Daniel) (Entered: November 17, 2009)
November 17, 2009 10 MOTION to Expedite Hearing by Red Bend Software, Inc., Red Bend, Ltd..(Cloherty, Daniel) (Entered: November 17, 2009)
November 18, 2009 11 SUMMONS Returned Executed Google Inc. served on 11/17/2009, answer due 12/7/2009. (Cloherty, Daniel) (Entered: November 18, 2009)
November 23, 2009 12 NOTICE of Appearance by Jonathan M. Albano on behalf of Google Inc. (Albano, Jonathan) (Entered: November 23, 2009)
November 23, 2009 13 MOTION for Leave to Appear Pro Hac Vice for admission of Robert C. Scheinfeld, Eliot D. Williams and Jennifer C. Tempesta by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cloherty, Daniel) (Entered: November 23, 2009)
November 23, 2009 14 NOTICE OF ATTORNEY PAYMENT OF FEES by Plaintiffs Red Bend Software, Inc., Red Bend, Ltd.. Filing fee $ 150, receipt number 01010000000002677255. Payment Type : PRO HAC VICE. (Cloherty, Daniel) (Entered: November 23, 2009)
November 23, 2009 15 MOTION for Leave to Appear Pro Hac Vice for admission of William F. Abrams Filing fee $ 50, receipt number 01010000000002677540. by Google Inc.. (Attachments: # 1 Affidavit in support of pro hac vice motion)(Albano, Jonathan) (Entered: November 23, 2009)
November 23, 2009 16 MOTION for Leave to Appear Pro Hac Vice for admission of Robert C. Bertin Filing fee $ 50, receipt number 01010000000002677559. by Google Inc.. (Attachments: # 1 Affidavit in support of pro hac vice motion)(Albano, Jonathan) (Entered: November 23, 2009)
November 23, 2009 17 MOTION for Leave to Appear Pro Hac Vice for admission of Susan Baker Manning Filing fee $ 50, receipt number 01010000000002677581. by Google Inc.. (Attachments: # 1 Affidavit in support of pro hac vice motion)(Albano, Jonathan) (Entered: November 23, 2009)
November 24, 2009 Judge Douglas P. Woodlock: Electronic ORDER entered granting 13 Motion for Leave to Appear Pro Hac Vice; Added Robert C Scheinfeld for Red Bend Software, Inc. and Red Bend, Ltd., Eliot D Williams for Red Bend Software, Inc. and Red Bend, Ltd., Jennifer C Tempesta for Red Bend Software, Inc. and Red Bend, Ltd.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: November 24, 2009)
November 24, 2009 Judge Douglas P. Woodlock: Electronic ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice; Added Williams F Abrams for Google Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: November 24, 2009)
November 24, 2009 Judge Douglas P. Woodlock: Electronic ORDER entered granting 16 Motion for Leave to Appear Pro Hac Vice; Added Robert C Bertin for Google Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: November 24, 2009)
November 24, 2009 Judge Douglas P. Woodlock: Electronic ORDER entered granting 17 Motion for Leave to Appear Pro Hac Vice; Added Baker Manning for Google Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: November 24, 2009)
November 24, 2009 18 Opposition re 10 MOTION to Expedite Hearing and Emergency Motions of Google to Modify Briefing Schedule and for Status Conference filed by Google Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Albano, Jonathan) (Entered: November 24, 2009)
November 25, 2009 ELECTRONIC NOTICE of Hearing : regarding request for Status Conference. Hearing set for 12/2/2009 at 11:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (York, Steve) (Entered: 11/25/2009)
November 27, 2009 19 Response by Red Bend Software, Inc., Red Bend, Ltd. to 18 Opposition to 10 MOTION to Expedite Hearing & Emergency Motion of Google Inc. for Modification of the Preliminary Injunction Briefing Schedule. (Attachments: # 1 Exhibit Declaration of Yoram Salinger)(Cloherty, Daniel) Modified on 12/1/2009 (to correct text) (York, Steve). (Entered: November 27, 2009)
November 27, 2009 20 DECLARATION of Jennifer C. Tempesta in Support of Plaintiffs' Opposition to Google Inc.'s Emergency Motion for Modification of the Preliminary Injunction Briefing Schedule by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Exhibit Letter, # 2 Exhibit Letter, # 3 Exhibit Letter)(Cloherty, Daniel) (Entered: 11/27/2009)
November 30, 2009 21 Motion for Leave to File Reply in Support of 18 Opposition to 10 Motion to Expedite Hearing and Emergency Motion for Modification of Briefing Schedule by Google Inc.. (Attachments: # 1 Exhibit)(Albano, Jonathan) Modified on 12/1/2009 (to correct text to this entry) (York, Steve). (Additional attachment(s) added on 1/12/2010: # 2 Corrected Main Document) (York, Steve). (Entered: November 30, 2009)
December 1, 2009 Judge Douglas P. Woodlock: Electronic ORDER entered granting 21 MOTION for Leave to File Reply in Support of 18 Emergency Motion for Modification of Briefing Schedule by Google Inc; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Jarrett) (Entered: December 1, 2009)
December 1, 2009 22 Reply in Support of 21 MOTION for Leave to File Reply in Support of Emergency Motion for Modification of Briefing Schedule filed by Google Inc.. (Manning, Susan) Modified on 12/2/2009 (to edit text) (York, Steve). (Additional attachment(s) added on 1/12/2010: # 1 Corrected Main Document) (York, Steve). (Entered: December 1, 2009)
December 1, 2009 23 Interim MOTION to Dismiss Plaintiffs' Indirect Infringement Claims by Google Inc.. (Attachments: # 1 Text of Proposed Order Granting Defendant Google Inc.'s Motion to Dismiss Plaintiffs' Indirect Infringement Claim)(Manning, Susan) (Entered: December 1, 2009)
December 1, 2009 24 MEMORANDUM in Support re 23 Interim MOTION to Dismiss Plaintiffs' Indirect Infringement Claims filed by Google Inc.. (Manning, Susan) (Entered: December 1, 2009)
December 1, 2009 25 CORPORATE DISCLOSURE STATEMENT by Google Inc.. (Manning, Susan) (Entered: December 1, 2009)
December 2, 2009 Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference held on 12/2/2009: Preliminary arguments heard as to 8 Plaintiff's Motion for Preliminary Injunction; 10 Plaintiff's Motion to Expedite Hearing on Preliminary Injunction is DENIED; 23 Defendant's Motion to Dismiss Plaintiffs' Indirect Infringement is DENIED WITHOUT PREJUDICE to reassertion after a full hearing on 8 Plaintiff's Motion for Preliminary Injunction that is set for 2/17/2010 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock; 18 Defendant's Motion for Modification of Briefing Schedule is GRANTED to the extent that opposition to the defendant's Motion for Preliminary Injunction is due by 1/25/10, and a reply is due by 2/5/10; rolling document production shall be completed by 12/22/09; the Court Orders the parties to file Declaration's in lieu of live testimony as to the 2/17/10 Preliminary Injunction Hearing; the Court will make a determination at said hearing if live testimony is necessary. (Court Reporter: Debra Joyce)(Attorneys present: Cloherty & Scheinfeld for the pltff's; S. Manning & Willett for the deft) (Lovett, Jarrett) (Entered: 12/02/2009)
December 3, 2009 26 Transcript of Scheduling Conference held on December 2, 2009, before Judge Woodlock. Court Reporter: Debra M. Joyce at joycedebra@gmail.com. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 12/24/2009. Redacted Transcript Deadline set for 1/4/2010. Release of Transcript Restriction set for 3/3/2010. (Scalfani, Deborah) (Entered: December 3, 2009)
December 3, 2009 27 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: December 3, 2009)
December 7, 2009 28 ANSWER to 6 Amended Complaint, and, COUNTERCLAIM and Jury Demand against all plaintiffs by Google Inc..(Albano, Jonathan) (Entered: December 7, 2009)
December 22, 2009 29 ANSWER to 28 Answer to Amended Complaint, Counterclaim by Red Bend Software, Inc., Red Bend, Ltd..(Tempesta, Jennifer) (Entered: December 22, 2009)
January 6, 2010 30 NOTICE of Appearance by David Michael Magee on behalf of Google Inc. (Magee, David) (Entered: January 6, 2010)
January 8, 2010 31 Emergency MOTION to Compel Depositions or in the Alternative Strike Depositions of Yoram Salinger and Stephen Edwards and/or Preclude Reply Briefing by Google Inc. (Attachments: # 1 Exhibit A - Proposed Order)(Magee, David) (Entered: January 8, 2010)
January 8, 2010 32 AFFIDAVIT of David M. Magee in Support re 31 Emergency MOTION to Compel DEPOSITIONS OR IN THE ALTERNATIVE STRIKE DELARATIONS OF YORAM SALINGER AND STEPHEN EDWARDS AND/OR PRECLUDE REPLY BRIEFING filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Magee, David) (Entered: January 8, 2010)
January 10, 2010 33 Opposition re 31 Emergency MOTION to Compel DEPOSITIONS OR IN THE ALTERNATIVE STRIKE DELARATIONS OF YORAM SALINGER AND STEPHEN EDWARDS AND/OR PRECLUDE REPLY BRIEFING filed by Red Bend Software, Inc., Red Bend, Ltd.. (Tempesta, Jennifer) (Entered: 01/10/2010)
January 10, 2010 34 AFFIDAVIT of Jennifer C. Tempesta in Opposition re 31 Emergency MOTION to Compel DEPOSITIONS OR IN THE ALTERNATIVE STRIKE DELARATIONS OF YORAM SALINGER AND STEPHEN EDWARDS AND/OR PRECLUDE REPLY BRIEFING filed by Red Bend Software, Inc., Red Bend, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tempesta, Jennifer) (Entered: January 10, 2010)
January 13, 2010 ELECTRONIC NOTICE of Hearing on Motion 31 Emergency MOTION to Compel Depositions or in the Alternative Strike Depositions of Yoram Salinger and Stephen Edwards and/or Preclude Reply Briefing by Google Inc : Motion Hearing set for 1/19/2010 11:00 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: January 13, 2010)
January 15, 2010 35 Joint MOTION for Protective Order and Ruling on Outstanding Issues by Google Inc.. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Correspondence, # 3 Exhibit C)(Magee, David) (Entered: January 15, 2010)
January 19, 2010 Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion Hearing held on 1/19/2010 re 31 Emergency MOTION to Compel Depositions or in the Alternative Strike Depositions of Yoram Salinger and Stephen Edwards and/or Preclude Reply Briefing by Google Inc., 35 Joint MOTION for Protective Order: Oral arguments heard; Court GRANTS AND DENIES IN PART 31 Emergency MOTION to Compel Depositions or in the Alternative Strike Depositions of Yoram Salinger and Stephen Edwards and/or Preclude Reply Briefing by Google Inc., to the extent that the pltff's deposition shall be completed by the second week of February; deft's opposition is due by 2/26/10; the deft's depositions shall be completed by the week of 3/8/10; pltff's supplemental brief is due by 3/24/10; 35 Joint Motion for Protective Order is GRANTED AND DENIED IN PART as stated on the record; the parties shall file a proposed Protective Order reflecting the directions of the Court at today's hearing; the Motion Hearing re 8 Plaintiff's Motion for Preliminary Injunction is rescheduled for 4/14/10 at 2:00 PM in courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock)(Attorneys present: Cloherty & Scheinfeld for the pltff's; S. Manning & Magee for the deft) (Lovett, Jarrett) Modified text and regenerated NEF on 1/19/2010 (Lovett, Jarrett). (Entered: January 19, 2010)
January 19, 2010 36 Proposed Document(s) submitted by Google Inc.. Document received: Stipulated Protective Order. (Magee, David) (Entered: January 19, 2010)
January 20, 2010 37 Judge Douglas P. Woodlock: ORDER entered. STIPULATED PROTECTIVE ORDER (York, Steve) (Entered: January 28, 2010)
February 2, 2010 38 Transcript of Motion Hearing held on January 19, 2010, before Judge Woodlock. Court Reporter: Brenda K. Hancock at 617/439-3214. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 2/23/2010. Redacted Transcript Deadline set for 3/5/2010. Release of Transcript Restriction set for 5/3/2010. (Scalfani, Deborah) (Entered: February 2, 2010)
February 2, 2010 39 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) (Entered: February 2, 2010)
February 3, 2010 40 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Chester W. Day Filing fee $ 50, receipt number 01010000000002768420. by Google Inc.. (Attachments: # 1 Exhibit 1)(Magee, David) (Entered: February 3, 2010)
February 3, 2010 41 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth B. Austern Filing fee $ 50, receipt number 01010000000002768450. by Google Inc.. (Attachments: # 1 Exhibit 1)(Magee, David) (Entered: February 3, 2010)
February 4, 2010 Judge Douglas P. Woodlock: Electronic ORDER entered granting 40 Motion for Leave to Appear Pro Hac Vice; Added Chester W Day for Google Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: February 4, 2010)
February 4, 2010 Judge Douglas P. Woodlock: Electronic ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice; Added Elizabeth B Austern for Google Inc.. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (York, Steve) (Entered: February 4, 2010)
Docket Report Last Checked: February 5, 2010 06:15:59 PST
Search for this case: Red Bend Software, Inc. et al v. Google
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Plaintiff: Red Bend Software, Inc.
Represented By: Daniel J. Cloherty
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Search Patents[ USPTO Assignee Name | Inventor Name | Full Text ||| Google Assignee Name | Inventor Name | Full Text ]
Plaintiff: Red Bend, Ltd.
Represented By: Daniel J. Cloherty
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Search Patents[ USPTO Assignee Name | Inventor Name | Full Text ||| Google Assignee Name | Inventor Name | Full Text ]
Defendant: Google Inc.
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Search Patents[ USPTO Assignee Name | Inventor Name | Full Text ||| Google Assignee Name | Inventor Name | Full Text ]