Odom v. Microsoft Corporation

Plaintiff:Gary Odom
Defendant:Microsoft Corporation
Counter Claimant:Microsoft Corporation
Counter Defendant:Gary Odom
 
Case Number:3:2009cv00230
Filed:February 25, 2009
 
Court:Oregon District Court
Office:Portland Office [ Court Info ]
County:Outside State
Presiding Judge:Judge Michael W. Mosman
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Both
Date Filed # Docket Text
August 18, 2008 1 COMPLAINT against Microsoft Corporation, filed by Gary Odom. (Attachments: (1) Exhibit, (2) Civil Cover Sheet)(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 19, 2008)
August 18, 2008 Filing fee: $ 350.00, receipt number 6-1-14836 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 19, 2008)
August 18, 2008 2 E-GOV SEALED SUMMONS Issued as to Microsoft Corporation. (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 19, 2008)
August 18, 2008 3 Report on the Filing or Determination of an Action Regarding A Patent or Trademark. (Copy forwarded to the Director of the U.S. Patent and Trademark Office.). (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 19, 2008)
August 18, 2008 4 NOTICE OF CASE ASSIGNMENT. cc:pltf 8-19-08 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 19, 2008)
August 20, 2008 5 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Gary Odom (DeRieux, Elizabeth) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 6 NOTICE of Attorney Appearance by Nancy Claire Abernathy on behalf of Gary Odom (Abernathy, Nancy) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 7 NOTICE of Attorney Appearance by Charles Ainsworth on behalf of Gary Odom (Ainsworth, Charles) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 8 NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Gary Odom (Bunt, Robert) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 9 NOTICE of Attorney Appearance by Brooke Ashley-May Taylor on behalf of Gary Odom (Taylor, Brooke) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 10 NOTICE of Attorney Appearance by Max Lalon Tribble, Jr on behalf of Gary Odom (Tribble, Max) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 11 NOTICE of Attorney Appearance by Otis W Carroll, Jr on behalf of Gary Odom (Carroll, Otis) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 20, 2008 12 NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Gary Odom (Maloney, Collin) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 20, 2008)
August 21, 2008 13 E-GOV SEALED SUMMONS Returned Executed by Gary Odom. Microsoft Corporation served on 8/20/2008, answer due 9/9/2008. (ehs, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: 08/22/2008)
August 22, 2008 14 ORDER that pltf file a notice that the case is ready for scheduling conference when all defts have either answered or filed a motion to transfer or dismiss. Signed by Judge Leonard Davis on 08/22/08. cc:pltf 8-22-08(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: August 22, 2008)
September 2, 2008 15 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Microsoft Corporation.( Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: 09/02/2008)
September 8, 2008 Defendant's Unopposed First Application for Extension of Time to Answer Complaint 15 is granted pursuant to Local Rule CV-12 for Microsoft Corporation to 10/24/2008. 45 Days Granted for Deadline Extension.( mjc ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: September 8, 2008)
October 2, 2008 16 NOTICE of Attorney Appearance by Genevieve Joanne Vose on behalf of Gary Odom (Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 2, 2008)
October 24, 2008 17 ANSWER to 1 Complaint, COUNTERCLAIM against Gary Odom by Microsoft Corporation.(Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 24, 2008)
October 24, 2008 18 CORPORATE DISCLOSURE STATEMENT filed by Microsoft Corporation (Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 24, 2008)
October 24, 2008 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) by Microsoft Corporation. (Attachments: # 1 Affidavit of Richard A. Sayles, # 2 Exhibit 1 to Sayles Affidavit, # 3 Exhibit 2 to Sayles Affidavit, # 4 Exhibit 3 to Sayles Affidavit, # 5 Exhibit 4 to Sayles Affidavit, # 6 Exhibit 5 to Sayles Affidavit, # 7 Exhibit 6 to Sayles Affidavit, # 8 Exhibit 7 to Sayles Affidavit, # 9 Exhibit 8 to Sayles Affidavit, # 10 Affidavit of John D. Vandenberg, # 11 Exhibit 1 to Vandenberg Affidavit, # 12 Exhibit 2 to Vandenberg Affidavit, # 13 Exhibit 3 to Vandenberg Affidavit, # 14 Affidavit of William J. Harmon, # 15 Text of Proposed Order)(Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 24, 2008)
October 24, 2008 20 NOTICE of Attorney Appearance by Eve L Henson on behalf of Microsoft Corporation (Henson, Eve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 24, 2008)
October 27, 2008 21 APPLICATION to Appear Pro Hac Vice by Attorney Christopher Scott Morrow for Microsoft Corporation. (gsg) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 28, 2008)
October 27, 2008 22 APPLICATION to Appear Pro Hac Vice by Attorney Matthew N Bathon for Microsoft Corporation. (gsg) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 28, 2008)
October 27, 2008 23 APPLICATION to Appear Pro Hac Vice by Attorney Joseph A Micallef for Microsoft Corporation. (gsg) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 28, 2008)
October 30, 2008 24 NOTICE by Gary Odom (DeRieux, Elizabeth) [Transferred from Texas Eastern on 2/25/2009.] (Entered: October 30, 2008)
November 6, 2008 25 ORDER setting Status Conference for 12/1/2008 01:30 PM before Judge Leonard Davis and Magistrate Judge John Love in Davis' courtroom in Tyler. Purpose is to assign a claim construction hearing date and trial setting and determine if parties will consent to trial before Judge Love. Standard docket control and discovery orders are attached. Signed by Judge Leonard Davis on 11/6/08. (mjc ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 6, 2008)
November 10, 2008 26 RESPONSE in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Gary Odom. (Attachments: # 1 Text of Proposed Order)(Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 10, 2008)
November 10, 2008 27 AFFIDAVIT in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Gary Odom. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 10, 2008)
November 10, 2008 28 AFFIDAVIT in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) Declaration of Ramona Isaac filed by Gary Odom. (Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 10, 2008)
November 10, 2008 29 ***FILED IN ERROR. SEE CORRECTED ENTRY 33 *** AFFIDAVIT in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) Declaration of Heidi Peterson filed by Gary Odom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Vose, Genevieve) Modified on 11/19/2008 (mjc ). [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 10, 2008)
November 10, 2008 30 AFFIDAVIT in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) Declaration of Gary Odom filed by Gary Odom. (Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 10, 2008)
November 13, 2008 31 ANSWER to 17 Answer to Complaint, Counterclaim by Gary Odom.(Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 13, 2008)
November 17, 2008 32 REPLY to Response to Motion re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Microsoft Corporation. (Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 17, 2008)
November 18, 2008 33 ***CORRECTED ENTRY. REPLACES 29 *** AFFIDAVIT in Opposition re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) Declaration of Heidi Peterson Refiled per Request of the Court filed by Gary Odom. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Vose, Genevieve) Modified on 11/19/2008 (mjc ). [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 18, 2008)
November 24, 2008 34 SUR-REPLY to Reply to Response to Motion re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Gary Odom. (Attachments: # 1 Affidavit Declaration of Genevieve Vose, # 2 Exhibit 1 to Vose Decl., # 3 Exhibit 2 to Vose Decl., # 4 Exhibit 3 to Vose Decl.)(Vose, Genevieve) [Transferred from Texas Eastern on 2/25/2009.] (Entered: November 24, 2008)
December 1, 2008 35 Minute Entry for proceedings held before Magistrate Judge John D. Love and Judge Davis: Status Conference held on 12/1/2008. (Court Reporter Shea Sloan.) (Attachments: # 1 Atty Sign In Sheet) (mjm, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 3, 2008)
December 1, 2008 Minute Entry - 12/1/2008 for proceedings held before Judge Leonard Davis and Judge John Love: Status Conference held on 12/1/2008. See Minute Sheet and Attorney Sign-In Sheet Document 35 . (Court Reporter Shea Sloan.) (rlf, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 4, 2008)
December 2, 2008 36 ORDER REFERRING CASE to Magistrate Judge John D. Love to conduct pretrial proceedings. Signed by Judge Leonard Davis on 12/02/08. cc:attys 12-03-08(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 3, 2008)
December 3, 2008 37 ORDER that the following dates be incorporated into the Docket Control Order which is due by 12-15-08: Markman Hearing 11-12-2009 at 9:00 a.m. before Judge Love; Pre-trial Conference 5-20-2010 at 9:00 a.m. before Judge Love; Jury Selection 6-07-2010 at 9:00 a.m. before Judge Davis; Jury Trial 6-14-2010 at 9:00 a.m. before Judge Davis. Signed by Magistrate Judge John D. Love on 12/03/08. cc:attys 12-04-08(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 4, 2008)
December 10, 2008 38 NOTICE of Disclosure by Gary Odom (DeRieux, Elizabeth) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 10, 2008)
December 11, 2008 39 NOTICE of Attorney Appearance by Edward W Goldstein on behalf of Gary Odom (Goldstein, Edward) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 11, 2008)
December 11, 2008 40 NOTICE of Attorney Appearance by Corby R Vowell on behalf of Gary Odom (Vowell, Corby) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 11, 2008)
December 12, 2008 41 Unopposed MOTION to Withdraw as Attorney Susman Godfrey LLP by Gary Odom. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 12, 2008)
December 15, 2008 42 Joint MOTION for Entry of Agreed Docket Control Order and Discovery Order by Gary Odom, Microsoft Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Abernathy, Nancy) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 15, 2008)
December 15, 2008 43 ORDER granting 41 Motion to Withdraw as Attorney. Attorney Genevieve Joanne Vose, Brooke Ashley-May Taylor, and Max Lalon Tribble, Jr terminated as attorneys for pltf. Signed by Magistrate Judge John D. Love on 12/15/08. cc:attys 12-16-08 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: 12/16/2008)
December 16, 2008 44 DISCOVERY ORDER. Signed by Magistrate Judge John D. Love on 12/16/08. cc:attys 12-17-08(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 17, 2008)
December 16, 2008 45 DOCKET CONTROL ORDER setting Amended Pleadings due by 8/27/2009. Discovery due by 2/5/2010. Expert Witness List due by 1/8/2010; Rebuttal expert witness list due 1-22-2010. Identify trial witnesses by 2/17/2010; Rebuttal trial witnesses identified by 2-26-2010. Joinder of Parties due by 12/5/2008, for pltf; 2-09-09 for defts. Jury instructions due by 3/29/2010. Dispositive Motions due by 3/3/2010; Response to Dispositive Motions due 3-23-2010. Motions in limine due 5-17-2010. Proposed Pretrial Order due by 3/29/2010. Jury Selection set for 6/7/2010 09:00AM before Judge Leonard Davis. Jury Trial set for 6/14/2010 09:00 AM before Judge Leonard Davis. Markman Hearing set for 11/12/2009 09:00 AM before Magistrate Judge John D. Love. Pretrial Conference set for 5/20/2010 09:00 AM before Magistrate Judge John D. Love. Expected length of trial is 6 days. Signed by Magistrate Judge John D. Love on 12/16/08. cc:attys 12-17-08(mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 17, 2008)
December 19, 2008 46 ORDER Setting Hearing on Motion 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) : Motion Hearing set for 1/12/2009 01:30 PM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 12/19/08. cc:attys 12-19-08 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 19, 2008)
December 22, 2008 ELECTRONIC NOTICE of Hearing on Motion 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) : Motion Hearing reset for 1/13/2009 09:30 AM before Magistrate Judge John D. Love. (mjm, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 22, 2008)
December 31, 2008 47 NOTICE of Disclosure by Gary Odom of Service of Initial Disclosures (Ainsworth, Charles) [Transferred from Texas Eastern on 2/25/2009.] (Entered: December 31, 2008)
January 13, 2009 49 Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 1/13/2009 re 19 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Microsoft Corporation. (Court Reporter Jan Mason.) (mjm, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: January 16, 2009)
January 14, 2009 48 NOTICE of Disclosure by Microsoft Corporation (Micallef, Joseph A) [Transferred from Texas Eastern on 2/25/2009.] (Entered: January 14, 2009)
January 26, 2009 50 TRANSCRIPT of Motion Hearing held on January 13, 2009 before Judge John D. Love. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-590-1096. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. (55 pages) Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/26/2009. Release of Transcript Restriction set for 4/27/2009. (rem, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: January 26, 2009)
January 30, 2009 51 ORDER granting 19 Motion to Change Venue. Signed by Magistrate Judge John D. Love on 01/30/09. cc:attys 1-30-09 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: January 30, 2009)
February 10, 2009 52 NOTICE by Microsoft Corporation of Compliance re: Invalidity Contentions (Sayles, Richard) [Transferred from Texas Eastern on 2/25/2009.] (Entered: February 10, 2009)
February 17, 2009 53 Unopposed MOTION to Withdraw as Attorney by Gary Odom. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) [Transferred from Texas Eastern on 2/25/2009.] (Entered: February 17, 2009)
February 18, 2009 54 ORDER granting 53 Motion to Withdraw as Attorney. Attorney Robert Christopher Bunt; Sidney Calvin Capshaw, III; Otis W Carroll, Jr; Elizabeth L DeRieux; Collin Michael Maloney; Nancy Claire Abernathy and Charles Ainsworth terminated. Signed by Magistrate Judge John D. Love on 02/18/09. cc:attys 2-18-09 (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: February 18, 2009)
February 25, 2009 Interdistrict transfer to the District of Oregon. (mll, ) [Transferred from Texas Eastern on 2/25/2009.] (Entered: February 25, 2009)
February 25, 2009 55 Case transferred in from District of Texas Eastern; Case Number 6:08-cv-00331. Electronic file with documents numbered 1 - 54 received. (Entered: February 25, 2009)
February 25, 2009 56 Notice of Case Assignment: This case is assigned to Judge Michael W. Mosman. (eo) (Entered: February 25, 2009)
Docket Report Last Checked: February 26, 2009 10:42:35 PST
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Plaintiff: Gary Odom
Represented By: Edward W Goldstein, Corby R Vowell
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Defendant: Microsoft Corporation
Represented By: Matthew N Bathon, Eve L Henson, Joseph A Micallef, Christopher Scott Morrow, Richard Alan Sayles, Richard Alan Sayles
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Counter Claimant: Microsoft Corporation
Represented By: Matthew N Bathon, Eve L Henson, Joseph A Micallef, Christopher Scott Morrow, Richard Alan Sayles, Richard Alan Sayles
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Counter Defendant: Gary Odom
Represented By: Edward W Goldstein, Corby R Vowell
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