Function Media, L.L.C. v. Google, Inc. et al

Plaintiff alleges that Google's AdSense and AdWords technologies, Google Print Ads, and Yahoo's Publisher and Content Match technologies infringe on its patents.
Plaintiff:Function Media, L.L.C.
Defendant:Google, Inc. and Yahoo!, Inc.
Counter Claimants:Google, Inc. and Yahoo!, Inc.
Counter Defendant:Function Media, L.L.C.
 
Case Number:2:2007cv00279
Filed:July 3, 2007
 
Court:Texas Eastern District Court
Office:Marshall Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Judge T. John Ward
 
Nature of Suit:Intellectual Property - Patent
Cause:35:271 Patent Infringement
Jurisdiction:Federal Question
Jury Demanded By:Both

Date Filed

#

Docket Text

July 3, 2007 1 COMPLAINT with JURY DEMAND against Google, Inc., Yahoo!, Inc. (Filing fee $ 350.) , filed by Function Media, L.L.C. (Attachments: # 1 Exhibit A pt 1# 2 Exhibit A pt 2# 3 Exhibit A pt 3# 4 Exhibit A pt 4# 5 Exhibit B pt 1# 6 Exhibit B pt 2# 7 Exhibit B pt 3# 8 Exhibit B pt 4# 9 Exhibit C pt 1# 10 Exhibit C pt 2# 11 Exhibit C pt 3# 12 Exhibit C pt 4# 13 Civil Cover Sheet)(ehs, ) (Entered: July 3, 2007)
July 3, 2007 2 Form mailed to Commissioner of Patents and Trademarks. (ehs, ) (Entered: July 3, 2007)
July 3, 2007   E-GOV SEALED SUMMONS Issued as to Google, Inc., Yahoo!, Inc.. (ehs, ) (Entered: July 3, 2007)
July 3, 2007   Filing fee: $ 350.00, receipt number 2-1-2726 (ch, ) (Entered: July 5, 2007)
July 11, 2007 6 E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Yahoo!, Inc. served by Process Server on 7/5/2007, answer due 7/25/2007. (ch, ) (Entered: July 12, 2007)
July 11, 2007 7 E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Google, Inc. served by Process Server on 7/5/2007, answer due 7/25/2007. (ch, ) (Entered: July 12, 2007)
July 12, 2007 3 NOTICE of Attorney Appearance by Franklin Jones, Jr on behalf of Function Media, L.L.C. (Jones, Franklin) (Entered: July 12, 2007)
July 12, 2007 4 NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Function Media, L.L.C. (Bunt, Robert) (Entered: July 12, 2007)
July 12, 2007 5 NOTICE of Attorney Appearance by Charles Ainsworth on behalf of Function Media, L.L.C. (Ainsworth, Charles) (Entered: July 12, 2007)
July 17, 2007 8 NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Function Media, L.L.C. (DeRieux, Elizabeth) (Entered: July 17, 2007)
July 17, 2007 9 NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of Function Media, L.L.C. (Capshaw, Sidney) (Entered: July 17, 2007)
July 17, 2007 10 NOTICE of Attorney Appearance by Andrew Wesley Spangler on behalf of Function Media, L.L.C. (Spangler, Andrew) (Entered: July 17, 2007)
July 23, 2007 11 Consent MOTION for Extension of Time to File Answer (Unopposed Motion for Extension of Time for Defendants Google, Inc. and Yahoo!, Inc. to Answer or Otherwise Respond) by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: July 23, 2007)
July 24, 2007 12 AMENDED COMPLAINT (First Amended Complaint for Patent Infringement) against Google, Inc., Yahoo!, Inc., filed by Function Media, L.L.C.. (Attachments: # 1 Exhibit A# 2 Exhibit B1# 3 Exhibit B2# 4 Exhibit C# 5 Exhibit D1# 6 Exhibit D2# 7 Exhibit D3# 8 Exhibit D4)(DeRieux, Elizabeth) (Entered: July 24, 2007)
July 24, 2007 13 Form mailed to Commissioner of Patents and Trademarks. (ehs, ) (Entered: July 26, 2007)
July 25, 2007   E-GOV SEALED SUMMONS Issued as to Google, Inc., Yahoo!, Inc.. (ch, ) (Entered: July 25, 2007)
July 26, 2007 14 ORDER granting 11 Motion for Extension of Time to Answer. Google and Yahoo deadline is extended to 9/24/07 . Signed by Judge T. John Ward on 7/26/07. (ch, ) (Entered: July 26, 2007)
July 26, 2007   Answer Due Deadline Updated for Google, Inc. to 9/24/2007; Yahoo!, Inc. to 9/24/2007. (ch, ) (Entered: July 26, 2007)
July 30, 2007 15 STIPULATION Extending Time for Defendants Google, Inc. and Yahoo!, Inc. to Respond by Function Media, L.L.C.. (DeRieux, Elizabeth) (Entered: July 30, 2007)
August 10, 2007 16 E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Google, Inc. served on 7/30/2007, answer due 8/20/2007. (ehs, ) (Entered: August 13, 2007)
August 10, 2007 17 E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Yahoo!, Inc. served on 7/30/2007, answer due 8/20/2007. (ehs, ) (Entered: August 13, 2007)
September 24, 2007 18 ANSWER to Amended Complaint, COUNTERCLAIM against Function Media, L.L.C. by Google, Inc..(Walsh, Thomas) (Entered: September 24, 2007)
September 24, 2007 19 CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. identifying None as Corporate Parent. (Walsh, Thomas) Modified on 9/25/2007 (mpv, ). (Entered: September 24, 2007)
September 24, 2007 20 MOTION to Dismiss / Yahoo!, Inc.'s Motion to Dismiss and Strike Function Media's Willfulness Claims, Or in the Alternative for a More Definite Statement by Yahoo!, Inc.. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Healey, David) (Entered: September 24, 2007)
September 24, 2007 21 Defendant Yahoo!, Inc.'s ANSWER to Amended Complaint Affirmative Defenses and, COUNTERCLAIM /Counterclaims against Function Media, L.L.C. by Yahoo!, Inc..(Healey, David) (Entered: September 24, 2007)
September 24, 2007 22 CORPORATE DISCLOSURE STATEMENT filed by Yahoo!, Inc. identifying Capital Research and Management Company as Corporate Parent and the beneficial owner of 10 percent or more of the shares of Yahoo!'s Common Stock.(Healey, David) Modified on 9/25/2007 (mpv, ). (Entered: September 24, 2007)
October 1, 2007 27 APPLICATION to Appear Pro Hac Vice by Attorney Juanita R Brooks for Google, Inc.. (FEE PAID) 2-1-3061(ehs, ) (Entered: October 3, 2007)
October 1, 2007 28 APPLICATION to Appear Pro Hac Vice by Attorney Jason W Wolff for Google, Inc. (FEE PAID) 2-1-3061 (ehs, ) (Entered: October 3, 2007)
October 2, 2007 23 APPLICATION to Appear Pro Hac Vice by Attorney Douglas E Lumish for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, ) (Entered: October 3, 2007)
October 2, 2007 24 APPLICATION to Appear Pro Hac Vice by Attorney Michael Lane for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, ) (Entered: October 3, 2007)
October 2, 2007 25 APPLICATION to Appear Pro Hac Vice by Attorney Matthew Douglas Powers for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, ) (Entered: October 3, 2007)
October 2, 2007 26 APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey G. Homrig for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, ) (Entered: October 3, 2007)
October 4, 2007 29 NOTICE of Attorney Appearance by Jason W Wolff on behalf of Google, Inc. (Wolff, Jason) (Entered: October 4, 2007)
October 4, 2007 30 NOTICE of Attorney Appearance by Juanita R Brooks on behalf of Google, Inc., Google, Inc. (Brooks, Juanita) (Entered: October 4, 2007)
October 9, 2007 31 MOTION to Withdraw as Attorney Function Media, L.L.C.'s Unopposed Motion for Withdrawal of Andrew W. Spangler as Counsel by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: October 9, 2007)
October 10, 2007 32 RESPONSE in Opposition re 20 MOTION to Dismiss / Yahoo!, Inc.'s Motion to Dismiss and Strike Function Media's Willfulness Claims, Or in the Alternative for a More Definite Statement filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Capshaw, Sidney) (Entered: October 10, 2007)
October 11, 2007 33 ORDER granting 31 Motion to Withdraw as Attorney. Attorney Andrew Wesley Spangler terminated . Signed by Judge T. John Ward on 10/11/07. (ehs, ) (Entered: October 11, 2007)
October 15, 2007 34 Plaintiff's ANSWER to Counterclaim of Google, Inc. by Function Media, L.L.C..(Capshaw, Sidney) (Entered: October 15, 2007)
October 15, 2007 35 Plaintiff's ANSWER to Counterclaim of Yahoo! Inc. by Function Media, L.L.C..(Capshaw, Sidney) (Entered: October 15, 2007)
October 17, 2007 36 REPLY to Response to Motion re 20 MOTION to Dismiss / Yahoo!, Inc.'s Motion to Dismiss and Strike Function Media's Willfulness Claims, Or in the Alternative for a More Definite Statement filed by Yahoo!, Inc., Yahoo!, Inc.. (Homrig, Jeffrey) (Entered: 10/17/2007)
December 11, 2007 37 ORDER setting case for a status conference. Status Conference set for 1/8/2008 10:45 AM before Judge T. John Ward and Magistrate Judge Everingham. Signed by Judge T. John Ward on 12/11/07. (ehs, ) (Entered: December 11, 2007)
January 8, 2008 38 CONSENT to Proceed Before US Magistrate Judge. Case reassigned to Magistrate Judge Charles Everingham. (ehs, ) (Entered: January 9, 2008)
January 8, 2008 40 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 1/8/08. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties have 14 days to submit the proposed orders. The Court further instructed the parties that the time for complying with P.R. 3-1 would be 10 days after the date of the parties filing their proposed orders. Court Adjourned. (Court Reporter Susan Simmons) (jml) (Entered: January 9, 2008)
January 8, 2008   Minute Entry for proceedings held before Judge T. John Ward and Judge Chad Everingham: Status Conference held on 1/8/2008. Parties consented to Judge Chad Everingham. Claim construction hearing date and trial date were given to parties. Parties are to meet and confer regarding a scheduling order and discovery order. (Court Reporter Susan Simmons.) (shd, ) (Entered: 01/10/2008)
January 9, 2008 39 ORDER assigning case to Judge Everintham by consent of the parties for all further proceedings and entry of judgment. Signed by Judge T. John Ward on 1/9/08. (ehs, ) (Entered: January 9, 2008)
January 9, 2008 41 ORDER - The parties shall submit their proposed docket control and discovery orders to the court on January 22, 2008. The court deems February 5, 2008 to be the date of the initial case management conference. The Disclosure of Asserted Claims and Infringement Contentions is due on February 19,2008.. Signed by Judge Charles Everingham on 1/9/08. (ehs, ) (Entered: 01/09/2008)
January 22, 2008 42 Joint MOTION Entry of Docket Control and Discovery Orders by Function Media, L.L.C., Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Exhibit A - Docket Control Order# 2 Exhibit B - Discovery Order)(Bunt, Robert) (Entered: January 22, 2008)
January 23, 2008 43 NOTICE of Attorney Appearance by Joseph Samuel Grinstein on behalf of Function Media, L.L.C. (Grinstein, Joseph) (Entered: January 23, 2008)
January 24, 2008 44 DISCOVERY ORDER. Signed by Judge Charles Everingham on 1/24/08. (ehs, ) (Entered: January 24, 2008)
January 24, 2008 45 DOCKET CONTROL ORDER - Amended Pleadings due by 4/20/2009.,Discovery due by 9/18/2009.,Joinder of Parties due by 9/30/2008., Claims Construction Hearing set for 8/12/2009 09:00 AM before Magistrate Judge Charles Everingham.,Motions due by 10/2/2009.,Proposed Pretrial Order due by 10/22/2009., Jury Selection set for 11/2/2009 09:00AM before Magistrate Judge Charles Everingham., Pretrial Conference set for 10/27/2009 09:30 AM before Magistrate Judge Charles Everingham. Mediation deadline is 10/2/09. All other deadlines are set forth herein. Signed by Judge Charles Everingham on 1/24/08. (ch, ) (Entered: January 24, 2008)
February 22, 2008 46 Joint MOTION for Extension of Time to File JOINT MOTION TO EXTEND DEADLINE TO SUBMIT PROTECTIVE ORDER by all parties by Google, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Walsh, Thomas) (Entered: February 22, 2008)
February 26, 2008 47 ORDER granting 46 Motion for Extension of Time to File. Deadline to submit a Protective Order 3/5/08. Signed by Judge Charles Everingham on 2/26/08. (ch, ) (Entered: February 26, 2008)
March 5, 2008 48 Joint MOTION for Extension of Time to File Protective Order by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas) (Entered: March 5, 2008)
March 7, 2008 49 ORDER granting 48 Motion for Extension of Time to File Protective order. Deadline is extended to 3/14/08. Signed by Judge Charles Everingham on 3/7/08. (ch, ) (Entered: March 7, 2008)
March 14, 2008 50 Joint MOTION for Protective Order by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas) (Entered: March 14, 2008)
March 20, 2008 51 Agreed PROTECTIVE ORDER. Signed by Judge Charles Everingham on 3/20/08. (ehs, ) (Entered: March 20, 2008)
April 9, 2008 52 NOTICE by Function Media, L.L.C. Notice of Change of Firm Name and Electronic Addresses (DeRieux, Elizabeth) (Entered: April 9, 2008)
April 14, 2008 53 NOTICE of Attorney Appearance by Harry Lee Gillam, Jr on behalf of Google, Inc. (Gillam, Harry) (Entered: April 14, 2008)
April 30, 2008 54 NOTICE by Yahoo!, Inc. NOTICE OF COMPLIANCE (Lumish, Douglas) (Entered: April 30, 2008)
May 1, 2008 55 NOTICE by Google, Inc. Notice of Compliance (Walsh, Thomas) (Entered: May 1, 2008)
Docket Report Last Checked: May 11, 2008 10:08:53 PDT
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Plaintiff: Function Media, L.L.C.
Represented By: Elizabeth L DeRieux, Franklin Jones, Jr, Max Lalon Tribble, Jr, Joseph Samuel Grinstein, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III
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Defendant: Google, Inc.
Represented By: Thomas Bernard Walsh, IV, Juanita R Brooks, Thomas Bernard Walsh, IV, Jason W Wolff, Jason W Wolff, Juanita R Brooks
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Defendant: Yahoo!, Inc.
Represented By: Jeffrey G. Homrig, Michael Lane, Matthew Douglas Powers, Michael Lane, Douglas E Lumish, Jeffrey G. Homrig, David J Healey, Douglas E Lumish, Matthew Douglas Powers
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Counter Claimant: Google, Inc.
Represented By: Thomas Bernard Walsh, IV, Juanita R Brooks, Thomas Bernard Walsh, IV, Jason W Wolff, Jason W Wolff, Juanita R Brooks
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Counter Defendant: Function Media, L.L.C.
Represented By: Elizabeth L DeRieux, Franklin Jones, Jr, Max Lalon Tribble, Jr, Joseph Samuel Grinstein, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III
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Counter Claimant: Yahoo!, Inc.
Represented By: Jeffrey G. Homrig, Michael Lane, Matthew Douglas Powers, Michael Lane, Douglas E Lumish, Jeffrey G. Homrig, David J Healey, Douglas E Lumish, Matthew Douglas Powers
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