FotoMedia Technologies, LLC v. AOL, LLC. et al

Plaintiff FotoMedia Technologies, LLC alleged that AOL LLC, American Online, Inc., PhotoBucket.com, Inc., Shutterfly, Inc., CNET Networks, Inc. and Yahoo! Inc. infringed on U.S. Patent No. 6,018,774 entitled "Method and System for Creating Messages Including Image Information," 6,542,936 B1 entitled "System for Creating Messages Including Image Information," and 6,871,231 B2 entitled "Role-Based Access to Image Metadata."
Plaintiff:FotoMedia Technologies, LLC
Defendant:AOL, LLC., Photobucket.com, Inc., Shutterfly, Inc., CNET Networks, Inc. and Yahoo!Inc.
 
Case Number:2:2007cv00255
Filed:June 18, 2007
 
Court:Texas Eastern District Court
Office:Marshall Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Judge T. John Ward
Referring Judge:Magistrate Judge Charles Everingham
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff

Date Filed

#

Docket Text

June 19, 2007 1 COMPLAINT against AOL, LLC., America Online, Inc., Photobucket.com, Inc., Shutterfly, Inc., CNET Networks, Inc., Yahoo!Inc. ( Filing fee $ 350 receipt number 1164278.), filed by FotoMedia Technologies, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Civil Cover Sheet)(McKool, Mike) (Entered: June 19, 2007)
June 19, 2007 2 NOTICE by FotoMedia Technologies, LLC AO 120 Form (McKool, Mike) (Entered: June 19, 2007)
June 19, 2007 3 CORPORATE DISCLOSURE STATEMENT filed by FotoMedia Technologies, LLC identifying Scenera Research LLC as Corporate Parent. (McKool, Mike) (Entered: June 19, 2007)
June 27, 2007 4 E-GOV SEALED SUMMONS Issued as to AOL, LLC., America Online, Inc., Photobucket.com, Inc., Shutterfly, Inc., CNET Networks, Inc., Yahoo!Inc.. (ch, ) (Entered: June 27, 2007)
July 18, 2007 5 Joint MOTION for Extension of Time to File Answer re 1 Complaint, JOINT MOTION TO EXTEND YAHOO!'S, AOL'S PHOTOBUCKET.COM'S AND CNET NETWORKS' DEADLINE TO RESPOND TO COMPLAINT by FotoMedia Technologies, LLC. (Attachments: # 1 Text of Proposed Order)(McKool, Mike) (Entered: July 18, 2007)
July 18, 2007 6 MOTION for Extension of Time to File Answer /Response to Complaint by Shutterfly, Inc.. (Attachments: # 1 Text of Proposed Order)(Woo, Darryl) (Entered: July 18, 2007)
July 19, 2007 7 ***FILED IN ERROR.SEE CORRECTED DOCUMENT #8 ***

NOTICE of Attorney Appearance by John Shumaker on behalf of FotoMedia Technologies, LLC (Shumaker, John) Modified on 7/19/2007 (ch, ). (Entered: July 19, 2007)
July 19, 2007 8 ***REPLACES #7***

NOTICE of Attorney Appearance by John Shumaker on behalf of FotoMedia Technologies, LLC (Shumaker, John) Modified on 7/20/2007 (mpv, ). (Entered: July 19, 2007)
July 19, 2007 9 NOTICE of Attorney Appearance by Lewis T LeClair on behalf of FotoMedia Technologies, LLC (LeClair, Lewis) (Entered: July 19, 2007)
July 19, 2007 10 NOTICE of Attorney Appearance by Travis Gordon White on behalf of FotoMedia Technologies, LLC (White, Travis) (Entered: July 19, 2007)
July 19, 2007 11 NOTICE of Attorney Appearance by Ivan Wang on behalf of FotoMedia Technologies, LLC (Wang, Ivan) (Entered: July 19, 2007)
July 19, 2007 12 ORDER granting 6 Motion for Extension of Time to Answer. Shutterfly deadline is extended to 8/24/07 . Signed by Judge Charles Everingham on 7/19/07. (ch, ) (Entered: July 19, 2007)
July 19, 2007   Answer Due Deadline Updated for Shutterfly, Inc. to 8/24/2007. (ch, ) (Entered: July 19, 2007)
July 19, 2007 13 ORDER granting 5 Motion for Extension of Time to Answer. Yahoo! Inc. AOL LLC's America Online, In., Photobucket.com Inc. deadline is extended to 8/24/07 . Signed by Judge Charles Everingham on 7/19/07. (ch, ) (Entered: July 19, 2007)
July 19, 2007   Answer Due Deadline Updated for AOL, LLC. to 8/24/2007; America Online, Inc. to 8/24/2007; Photobucket.com, Inc. to 8/24/2007; CNET Networks, Inc. to 8/24/2007; Yahoo!Inc. to 8/24/2007. (ch, ) (Entered: July 19, 2007)
August 9, 2007 14 APPLICATION to Appear Pro Hac Vice by Attorney Beth L Mitchell for CNET Networks, Inc..(APPROVED)(FEE PAID) 2-1-2886 (ch, ) (Entered: August 10, 2007)
August 9, 2007 15 APPLICATION to Appear Pro Hac Vice by Attorney Laura K Carter for CNET Networks, Inc.(APPROVED)(FEE PAID) 2-1-2886. (ch, ) (Entered: August 10, 2007)
August 17, 2007 20 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. Yahoo!Inc. served on 7/13/2007, answer due 8/24/2007. (ehs, ) (Entered: August 21, 2007)
August 17, 2007 21 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. Shutterfly, Inc. served on 6/29/2007, answer due 8/24/2007. (ehs, ) (Entered: August 21, 2007)
August 17, 2007 22 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. America Online, Inc. served on 6/28/2007, answer due 8/24/2007. (ehs, ) (Entered: August 21, 2007)
August 17, 2007 23 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. AOL, LLC. served on 6/28/2007, answer due 8/24/2007. (ehs, ) (Entered: August 21, 2007)
August 17, 2007 24 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. Photobucket.com, Inc. served on 6/28/2007, answer due 8/24/2007. (ehs, ) (Entered: August 21, 2007)
August 17, 2007 38 E-GOV SEALED SUMMONS Returned Executed by FotoMedia Technologies, LLC. CNET Networks, Inc. served on 6/29/2007, answer due 9/7/2007. (ehs, ) (Entered: September 5, 2007)
August 20, 2007 16 MOTION for Extension of Time to File Answer re 1 Complaint, or otherwise respond by Yahoo!Inc.. (Attachments: # 1 Text of Proposed Order)(Partridge, Scott) (Entered: August 20, 2007)
August 20, 2007 17 CORPORATE DISCLOSURE STATEMENT filed by Yahoo!Inc. (Partridge, Scott) (Entered: August 20, 2007)
August 21, 2007 18 NOTICE of Attorney Appearance by Lisa Catherine Kelly on behalf of Yahoo!Inc. (Kelly, Lisa) (Entered: August 21, 2007)
August 21, 2007 19 NOTICE of Attorney Appearance by Paul R Morico on behalf of Yahoo!Inc. (Morico, Paul) (Entered: August 21, 2007)
August 21, 2007 25 ORDER granting 16 Motion for Extension of Time to Answer. Deadline for Yahoo! Inc extended to 9/7/07 . Signed by Judge Charles Everingham on 8/21/07. (ehs, ) (Entered: August 21, 2007)
August 21, 2007   Answer Due Deadline Updated for Yahoo!Inc. to 9/7/2007. (ehs, ) (Entered: August 21, 2007)
August 22, 2007 26 MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed Motion for Extension of Time for AOL LLC to Answer or Otherwise Respond to Complaint by AOL, LLC.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: August 22, 2007)
August 22, 2007 27 MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed Motion for Extension of Time for Photobucket.com, Inc. to Answer or Otherwise Respond to Complaint by Photobucket.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: August 22, 2007)
August 23, 2007 28 MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed Motion for Extension of Time for America Online, Inc. to Answer or Otherwise Respond to Complaint by America Online, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: August 23, 2007)
August 23, 2007 29 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, Agreed Motion to Extend Deadline to Respond to Complaint by Shutterfly, Inc.. (Attachments: # 1 Text of Proposed Order)(Woo, Darryl) (Entered: August 23, 2007)
August 24, 2007 30 ORDER granting 26 Motion for Extension of Time to Answer. Deadline extended to 9/7/07 for deft AOL LLC . Signed by Judge Charles Everingham on 8/24/07. (ehs, ) (Entered: August 24, 2007)
August 24, 2007 31 Answer Due Deadline Updated for AOL, LLC. to 9/7/2007. (ehs, ) (Entered: August 24, 2007)
August 24, 2007 32 ORDER granting 27 Motion for Extension of Time to Answer. Deadline extended to 9/7/07 for deft PhotoBucket.Com . Signed by Judge Charles Everingham on 8/24/07. (ehs, ) (Entered: August 24, 2007)
August 24, 2007 33 ORDER granting 28 Motion for Extension of Time to Answer. Deadline extended for America OnLine Inc to 9/7/07 . Signed by Judge Charles Everingham on 8/24/07. (ehs, ) (Entered: August 24, 2007)
August 24, 2007 34 ORDER granting 29 Motion for Extension of Time to File Respond to ptlf's complaint. Deadline for Shutterfly set to 9/7/2007. Signed by Judge Charles Everingham on 8/24/07. (ehs, ) (Entered: August 24, 2007)
August 24, 2007   Answer Due Deadline Updated for America Online, Inc. to 9/7/2007; Photobucket.com, Inc. to 9/7/2007; Shutterfly, Inc. to 9/7/2007. (ehs, ) (Entered: August 24, 2007)
August 24, 2007 35 MOTION for Extension of Time to File Response/Reply Unopposed Motion to Extend the Deadline to Answer or Otherwise Respond to Plaintiff's Amended Complaint by CNET Networks, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Lavender, G) (Entered: August 24, 2007)
August 27, 2007 36 ORDER granting 35 Motion for Extension of Time to File Answer. Deft CNET Networks deadline to file answer extended to 9/7/07 . Signed by Judge Charles Everingham on 8/27/07. (ehs, ) (Entered: August 27, 2007)
August 27, 2007   Answer Due Deadline Updated for CNET Networks, Inc. to 9/7/2007. (ehs, ) (Entered: August 27, 2007)
August 28, 2007 37 APPLICATION to Appear Pro Hac Vice by Attorney Patrick T Michael for CNET Networks, Inc. (APPROVED)(FEE PAID) 2-1-2947. (ch, ) (Entered: August 28, 2007)
September 6, 2007 39 MOTION for Extension of Time to File Answer re 1 Complaint, Unopposed Motion for Extension of Time for AOL LLC and America Online, Inc. to Answer or Otherwise Respond to Complaint by AOL, LLC., America Online, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: September 6, 2007)
September 7, 2007 40 ORDER granting 39 Motion for Extension of Time to Answer. AOL LLC and America Online, Inc. deadline is extended to 9/17/07 . Signed by Judge Charles Everingham on 9/7/07. (ch, ) (Entered: September 7, 2007)
September 7, 2007   Answer Due Deadline Updated for AOL, LLC. to 9/17/2007; America Online, Inc. to 9/17/2007. (ch, ) (Entered: September 7, 2007)
September 7, 2007 41 NOTICE of Attorney Appearance by Michael Edwin Jones on behalf of Yahoo!Inc. (Jones, Michael) (Entered: September 7, 2007)
September 7, 2007 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof by Photobucket.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: September 7, 2007)
September 7, 2007 43 NOTICE by Shutterfly, Inc. re 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof Shutterfly, Inc.'s Notice of Joinder in Photobucket, Inc.'s Motion to Dismiss, or in the Alternative, for a More Definitive Statement, and Motion to Strike (Belichick, Joseph) (Entered: September 7, 2007)
September 7, 2007 44 ***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE***

MOTION for Joinder CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIKE by CNET Networks, Inc.. (Michael, Patrick) Modified on 9/10/2007 (mpv, ). (Entered: September 7, 2007)
September 7, 2007 45 ***FILED IN ERROR; DOCKETED INCORRECTLY; PLEASE IGNORE***

MOTION for Joinder in Photobucket Inc.'s Motion to Dismiss for Failure to State a Claim or in the alternative Motion for a more definite statement and Motion to Strike by Yahoo!Inc.. (Partridge, Scott) Modified on 9/10/2007 (mpv, ). (Entered: September 7, 2007)
September 7, 2007   MOTION for More Definite Statement, MOTION to Strike CONTAINED IN #42 by Photobucket.com, Inc.. (mpv, ) (Entered: September 10, 2007)
September 10, 2007   NOTICE of Deficiency regarding #44 the MOTION for Joinder CNET NETWORKS, INC.'S NOTICE OF JOINDER IN PHOTOBUCKET INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT, AND MOTION TO STRIK E by CNET Networks, Inc.. submitted Docketed Incorrectly as a Motion, attorney to refile correctly as a Notice. Correction should be made by one business day. (mpv, ) (Entered: September 10, 2007)
September 10, 2007   NOTICE of Deficiency regarding #45 the MOTION for Joinder in Photobucket Inc.'s Motion to Dismiss for Failure to State a Claim or in the alternative Motion for a more definite statement and Motion to Strike by Yahoo!Inc.. submitted Docketed Incorrectly as a Motion, attorney to refile as a Notice. Correction should be made by one business day. (mpv, ) (Entered: September 10, 2007)
September 10, 2007 46 ***REPLACES #44***

NOTICE by CNET Networks, Inc. NOTICE OF JOINDER IN PHOTOBUCKET INC.'S #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FRCP 12(B)(6) OR, IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT, AND MOTION TO STRIKE (Michael, Patrick) Modified on 9/10/2007 (mpv, ). Modified on 9/10/2007 (mpv, ). (Entered: September 10, 2007)
September 10, 2007 47 ***REPLACES #45***

NOTICE by Yahoo!Inc. re 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof (Notice of Adoption and Joinder in Photobucket Inc.'s Motion to Dismiss or, in the Alternative, for a More Definitive Statement, and Motion to Strike) (Partridge, Scott) Modified on 9/10/2007 (mpv, ). (Entered: 09/10/2007)
September 17, 2007 48 NOTICE by AOL, LLC. re 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof AOL LLC's Notice of Joinder in Photobucket's Motion to Dismiss or, in the Alternative, for a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof (Gillam, Harry) (Entered: September 17, 2007)
September 17, 2007 49 ***WITHDRAWN PER ORDER #55*** MOTION to Dismiss for Lack of Jurisdiction America Online, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(B)(2) and Memorandum of Points and Authorities in Support Thereof by America Online, Inc.. (Attachments: # 1 Affidavit Declaration of Katherine E. Wychulis# 2 Text of Proposed Order)(Gillam, Harry) Modified on 10/5/2007 (ehs, ). (Entered: September 17, 2007)
September 24, 2007 50 Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof by FotoMedia Technologies, LLC. (Attachments: # 1 Text of Proposed Order)(McKool, Mike) (Entered: September 24, 2007)
September 25, 2007 51 ORDER granting 50 Agreed Motion to Extend Deadlines to file a Response to Photobucket's Motion to Dismiss and Dft Replies thereto. The deadlines are extended as follows herein . Signed by Judge Charles Everingham on 9/25/07. (ch, ) (Entered: September 25, 2007)
October 1, 2007 52 RESPONSE in Opposition re 42 MOTION to Dismiss Photobucket Inc.'s Motion to Dismiss or, in the Alternative, For a More Definite Statement, and Motion to Strike; and Memorandum of Points and Authorities in Support Thereof filed by FotoMedia Technologies, LLC. (Attachments: # 1 Text of Proposed Order)(McKool, Mike) (Entered: 10/01/2007)
October 4, 2007 53 Consent MOTION to Dismiss AMERICA ONLINE, INC. WITHOUT PREJUDICE by FotoMedia Technologies, LLC. (Attachments: # 1 Text of Proposed Order)(McKool, Mike) (Entered: October 4, 2007)
October 4, 2007 54 MOTION to Withdraw 49 MOTION to Dismiss for Lack of Jurisdiction America Online, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(B)(2) and Memorandum of Points and Authorities in Support Thereof Agreed Motion to Withdraw America Online, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction Pursuant to FRCP 12(b)(2) by America Online, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry) (Entered: October 4, 2007)
October 5, 2007 55 ORDER withdrawing 53 Motion to Dismiss, granting 54 Motion to Withdraw . Signed by Judge Charles Everingham on 10/5/07. (ehs, ) (Entered: October 5, 2007)
October 9, 2007 56 ORDER granting 53 Motion to Dismiss. America Online, Inc is hereby dismissed without prejudice to re-filing of the same . Signed by Judge T. John Ward on 10/9/07. (ch, ) (Entered: October 9, 2007)
Docket Report Last Checked: November 29, 2007 14:48:41 PST
Search for this case: FotoMedia Technologies, LLC v. AOL, LLC. et al
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Plaintiff: FotoMedia Technologies, LLC
Represented By: John Shumaker, Ivan Wang, Lewis T LeClair, Mike McKool, Jr, Travis Gordon White
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Defendant: AOL, LLC.
Represented By: Harry Lee Gillam, Jr
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Defendant: Photobucket.com, Inc.
Represented By: Harry Lee Gillam, Jr
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Defendant: Shutterfly, Inc.
Represented By: Darryl M Woo
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Defendant: CNET Networks, Inc.
Represented By: Beth L Mitchell, Patrick T Michael, G William Lavender, Laura K Carter
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Defendant: Yahoo!Inc.
Represented By: Scott F Partridge, Paul R Morico, Lisa Catherine Kelly, Michael Edwin Jones
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