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

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
July 3, 20071COMPLAINT 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, )
July 3, 20072Form mailed to Commissioner of Patents and Trademarks. (ehs, )
July 12, 20073NOTICE of Attorney Appearance by Franklin Jones, Jr on behalf of Function Media, L.L.C. (Jones, Franklin)
July 12, 20074NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Function Media, L.L.C. (Bunt, Robert)
July 12, 20075NOTICE of Attorney Appearance by Charles Ainsworth on behalf of Function Media, L.L.C. (Ainsworth, Charles)
July 11, 20076E-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, )
July 11, 20077E-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, )
July 17, 20078NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Function Media, L.L.C. (DeRieux, Elizabeth)
July 17, 20079NOTICE of Attorney Appearance by Sidney Calvin Capshaw, III on behalf of Function Media, L.L.C. (Capshaw, Sidney)
July 17, 200710NOTICE of Attorney Appearance by Andrew Wesley Spangler on behalf of Function Media, L.L.C. (Spangler, Andrew)
July 23, 200711Consent 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)
July 24, 200712AMENDED 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)
July 24, 200713Form mailed to Commissioner of Patents and Trademarks. (ehs, )
July 26, 200714Court Opinion or Order 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, )
July 30, 200715STIPULATION Extending Time for Defendants Google, Inc. and Yahoo!, Inc. to Respond by Function Media, L.L.C.. (DeRieux, Elizabeth)
August 10, 200716E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Google, Inc. served on 7/30/2007, answer due 8/20/2007. (ehs, )
August 10, 200717E-GOV SEALED SUMMONS Returned Executed by Function Media, L.L.C.. Yahoo!, Inc. served on 7/30/2007, answer due 8/20/2007. (ehs, )
September 24, 200718ANSWER to Amended Complaint, COUNTERCLAIM against Function Media, L.L.C. by Google, Inc..(Walsh, Thomas)
September 24, 200719CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. identifying None as Corporate Parent. (Walsh, Thomas) Modified on 9/25/2007 (mpv, ).
September 24, 200720MOTION 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)
September 24, 200721Defendant Yahoo!, Inc.'s ANSWER to Amended Complaint Affirmative Defenses and, COUNTERCLAIM /Counterclaims against Function Media, L.L.C. by Yahoo!, Inc..(Healey, David)
September 24, 200722CORPORATE 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, ).
October 2, 200723APPLICATION to Appear Pro Hac Vice by Attorney Douglas E Lumish for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, )
October 2, 200724APPLICATION to Appear Pro Hac Vice by Attorney Michael Lane for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, )
October 2, 200725APPLICATION to Appear Pro Hac Vice by Attorney Matthew Douglas Powers for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, )
October 2, 200726APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey G. Homrig for Yahoo!, Inc. (FEE PAID) 2-1-3059 (ehs, )
October 1, 200727APPLICATION to Appear Pro Hac Vice by Attorney Juanita R Brooks for Google, Inc.. (FEE PAID) 2-1-3061(ehs, )
October 1, 200728APPLICATION to Appear Pro Hac Vice by Attorney Jason W Wolff for Google, Inc. (FEE PAID) 2-1-3061 (ehs, )
October 4, 200729NOTICE of Attorney Appearance by Jason W Wolff on behalf of Google, Inc. (Wolff, Jason)
October 4, 200730NOTICE of Attorney Appearance by Juanita R Brooks on behalf of Google, Inc., Google, Inc. (Brooks, Juanita)
October 9, 200731MOTION 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)
October 10, 200732RESPONSE 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)
October 11, 200733Court Opinion or Order ORDER granting 31 Motion to Withdraw as Attorney. Attorney Andrew Wesley Spangler terminated . Signed by Judge T. John Ward on 10/11/07. (ehs, )
October 15, 200734Plaintiff's ANSWER to Counterclaim of Google, Inc. by Function Media, L.L.C..(Capshaw, Sidney) Modified on 8/12/2008 (mpv, ). Modified on 8/12/2008 (mpv, ).
October 15, 200735Plaintiff's ANSWER to Counterclaim of Yahoo! Inc. by Function Media, L.L.C..(Capshaw, Sidney)
October 17, 200736REPLY 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)
December 11, 200737Court Opinion or Order 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, )
January 8, 200838CONSENT to Proceed Before US Magistrate Judge. Case reassigned to Magistrate Judge Charles Everingham. (ehs, )
January 9, 200839Court Opinion or Order 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, )
January 9, 200841Court Opinion or Order 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, )
January 22, 200842Joint 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)
January 23, 200843NOTICE of Attorney Appearance by Joseph Samuel Grinstein on behalf of Function Media, L.L.C. (Grinstein, Joseph)
January 24, 200844Court Opinion or Order DISCOVERY ORDER. Signed by Judge Charles Everingham on 1/24/08. (ehs, )
January 24, 200845Court Opinion or Order 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, )
February 22, 200846Joint 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)
February 26, 200847Court Opinion or Order 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, )
March 5, 200848Joint MOTION for Extension of Time to File Protective Order by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)
March 7, 200849Court Opinion or Order 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, )
March 14, 200850Joint MOTION for Protective Order by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)
March 20, 200851Court Opinion or Order Agreed PROTECTIVE ORDER. Signed by Judge Charles Everingham on 3/20/08. (ehs, )
April 9, 200852NOTICE by Function Media, L.L.C. Notice of Change of Firm Name and Electronic Addresses (DeRieux, Elizabeth)
April 14, 200853NOTICE of Attorney Appearance by Harry Lee Gillam, Jr on behalf of Google, Inc. (Gillam, Harry)
April 30, 200854NOTICE by Yahoo!, Inc. NOTICE OF COMPLIANCE (Lumish, Douglas)
May 1, 200855NOTICE by Google, Inc. Notice of Compliance (Walsh, Thomas)
June 12, 200856MOTION for Leave to File Supplement to P.R. 3-3 and 3-4 Disclosures by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)
June 13, 200857Court Opinion or Order ORDER granting 56 Dft's Unopposed Motion for Leave to Supplement P.R. 3-3 and 3-4 Disclosures. Signed by Magistrate Judge Charles Everingham on 6/13/08. (ch, )
June 27, 200858MOTION for Extension of Time to File Privilege Log Deadlines and Document Production Deadlines by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Walsh, Thomas)
June 30, 200859Court Opinion or Order ORDER granting 58 Motion for Extension of Time to File. Deadline is extended to 7/30/08. Signed by Magistrate Judge Charles Everingham on 6/30/08. (ch, )
September 18, 200860Court Opinion or Order ORDER denying 20 Motion to Dismiss for reasons stated herein. Signed by Magistrate Judge Charles Everingham on 9/18/08. (ch, )
September 24, 200861NOTICE of Designation of Attorney in Charge to Douglas E Lumish on behalf of Yahoo!, Inc. (Lumish, Douglas)
September 24, 200862MOTION to Withdraw as Attorney David J. Healey by Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Lumish, Douglas)
September 25, 200863Court Opinion or Order ORDER granting 62 Motion to Withdraw as Attorney. Attorney David J Healey terminated as counsel for Dft Yahoo!. Signed by Magistrate Judge Charles Everingham on 9/25/08. (ch, )
September 26, 200864Unopposed MOTION for Extension of Time to File to Extend Privilege Log Deadline by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Powers, Matthew)
September 30, 200865Court Opinion or Order ORDER granting 64 Motion for Extension of Privilege Log Deadline. Deadline is extended to 11/17/08. Signed by Magistrate Judge Charles Everingham on 9/30/08. (ch, )
October 31, 200866Joint MOTION for Leave to File Further Supplement to Their P.R. 3-3 and 3-4 Disclosures by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Walsh, Thomas)
November 13, 200867RESPONSE in Opposition re 66 Joint MOTION for Leave to File Further Supplement to Their P.R. 3-3 and 3-4 Disclosures filed by Function Media, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Tribble, Max)
November 17, 200868Joint MOTION for Extension of Time to File To Further Extend Privilege Log Deadline by Function Media, L.L.C., Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Wolff, Jason) (Additional attachment(s) added on 11/18/2008: # 2 Revised Proposed Order) (mpv, ).
November 18, 200869Court Opinion or Order ORDER granting 68 Motion for Extension of Time to File Privilege Logs. Deadline extended to 11/17/08. Signed by Magistrate Judge Charles Everingham on 11/18/08. (ehs, )
November 24, 200870REPLY to Response to Motion re 66 Joint MOTION for Leave to File Further Supplement to Their P.R. 3-3 and 3-4 Disclosures filed by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Exhibit E)(Wolff, Jason)
December 1, 200871NOTICE by Function Media, L.L.C., Google, Inc., Yahoo!, Inc. Regarding Potential Privilege Disputes (Wolff, Jason)
January 30, 200972Agreed MOTION Partial Dismissal (agreed) by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
January 30, 200973NOTICE by Function Media, L.L.C. Joint P.R. 4-3 Statement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tribble, Max)
February 3, 200974Court Opinion or Order ORDER granting 72 Motion for partial dismissal of deft Google Inc for infringement of US Patent No 6,829,587 without prejudice. Each party shall bear their own costs and attorneys' fees. FURTHER ORDERED that none of the foregoing shall affect any rights, causes of actions, counterclaims, defenses, or allegations pertaining to the other three patents-in-suit in the above-captioned litigation (U.S. Patents No. 6,446,045; U.S. Patent No. 7,240,025; and U.S. Patent No. 7,249,059. Signed by Magistrate Judge Charles Everingham on 2/2/09. (ehs, )
February 19, 200975Unopposed MOTION for Extension of Time to File by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
February 20, 200976Court Opinion or Order ORDER granting 75 Motion for Extension of Time to File expert declarations regarding Claim Construction Issues. Deadline extended to 2/24/09. Signed by Magistrate Judge Charles Everingham on 2/20/09. (ehs, )
February 23, 200977Unopposed MOTION for Extension of Time to File expert declarations regarding Claim Construction Issues. by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Homrig, Jeffrey)
February 24, 200978Court Opinion or Order ORDER granting 77 Motion for Extension of Time to File Expert declarations regarding Claim Construction issues. Deadline extended to 2/27/09. Signed by Magistrate Judge Charles Everingham on 2/24/09. (ehs, )
April 1, 200979MOTION for Protective Order Barring Discovery of Non-Accused Products by Yahoo!, Inc.. (Attachments: # 1 Decl. of Jeffrey G. Homrig ISO Yahoo!'s Motion, # 2 Exhibit 1 to Homrig Decl., # 3 Exhibit 2 to Homrig Decl., # 4 Exhibit 3 to Homrig Decl., # 5 Exhibit 4 to Homrig Decl., # 6 Exhibit 5 to Homrig Decl., # 7 Exhibit 6 to Homrig Decl., # 8 Exhibit 7 to Homrig Decl., # 9 Exhibit 8 to Homrig Decl., # 10 Exhibit 9 to Homrig Decl., # 11 Exhibit 10 to Homrig Decl., # 12 Text of Proposed Order Granting Yahoo!'s Motion for a Protective Order)(Lumish, Douglas)
April 6, 200980Unopposed MOTION for Leave to File Excess Pages by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
April 9, 200981Court Opinion or Order ORDER granting 80 Motion for Leave to File Excess Pages. The page limitation applicable to Function Medias opening claim-construction brief isextended from thirty pages to forty-five pages (excluding exhibits). Signed by Magistrate Judge Charles Everingham on 4/9/09. (ehs, )
April 9, 200982CLAIM CONSTRUCTION BRIEF filed by Function Media, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B (continued), # 4 Exhibit C, # 5 Exhibit C (continued), # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit E (continued), # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit G (continued), # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N)(Tribble, Max)
April 13, 200983MOTION to Compel by Function Media, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Text of Proposed Order)(Tribble, Max)
April 13, 200984RESPONSE in Opposition re 79 MOTION for Protective Order Barring Discovery of Non-Accused Products filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
April 24, 200985REPLY to Response to Motion re 79 MOTION for Protective Order Barring Discovery of Non-Accused Products filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of Jeffrey G. Homrig ISO Reply, # 2 Exhibit Exhibit 1 ISO Reply to Opp)(Homrig, Jeffrey)
April 27, 200986NOTICE of Attorney Appearance by Nancy Claire Abernathy on behalf of Function Media, L.L.C. (Abernathy, Nancy)
April 27, 200987NOTICE of Attorney Appearance by Daymon Jeffrey Rambin on behalf of Function Media, L.L.C. (Rambin, Daymon)
April 27, 200988Court Opinion or Order ORDER granting Google Inc and Yahoo! Inc's 66 Motion for Leave to File supplement to PR 3-3 and 3-4 disclosures. That Google Inc. and Yahoo!, Inc.'s Second Supplemental Invalidity Contentions and accompanying document production served on Plaintiff by October 29, 2008 are deemed by the Court to be a part of Defendants Invalidity Contentions in this case. Signed by Magistrate Judge Charles Everingham on 4/27/09. (ehs, )
April 28, 200989Joint MOTION for Modification to Case Schedule re 45 Order,,, Set Deadlines/Hearings,, by Function Media, L.L.C., Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Wolff, Jason)
April 29, 200990Court Opinion or Order ORDER granting 89 Motion for modification to the case schedule. Date for deft's P. R. 4-5(b) responsive claim construction briefs be extended from April 30, 2009, to May 15, 2009, and that the date for Function Medias P. R. 4-5(c) reply claim construction brief be extended from May 13, 2009, to June 11, 2009. Signed by Magistrate Judge Charles Everingham on 4/29/09. (ehs, )
April 30, 200991RESPONSE in Opposition re 83 MOTION to Compel DISCOVERY INTO NON-ACCUSED TECHNOLOGY filed by Yahoo!, Inc.. (Attachments: # 1 Declaration of M. Lane ISO Opposition to MTC, # 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 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Lane, Michael)
May 1, 200992NOTICE of Attorney Appearance by Justin Adatto Nelson on behalf of Function Media, L.L.C. (Nelson, Justin)
May 11, 200993NOTICE by Function Media, L.L.C., Yahoo!, Inc. Withdrawing Dkt Nos. 79 & 83 (Tribble, Max)
May 12, 200994***FILED IN ERROR. NOT PDF SEARCHABLE AND NO ORDER. PLEASE IGNORE***Unopposed MOTION for Leave to File Excess Pages For Its Responsive Claim Construction Brief by Google, Inc.. (Wolff, Jason) Modified on 5/12/2009 (ch, ).
May 12, 200995***FILED IN ERROR. ORDERS ARE NOT FILED SEPARATELY. PLEASE IGNORE***Unopposed MOTION for Leave to File Excess Pages For Its Responsive Claim Construction Brief, Order Granting by Google, Inc.. (Wolff, Jason) Modified on 5/12/2009 (ch, ).
May 12, 200996Unopposed MOTION for Leave to File Excess Pages For Its Responsive Claim Construction Brief by Google, Inc.. (Attachments: # 1 order Granting Google's Unopposed Motion For Extension Of The Page Limits)(Wolff, Jason)
May 15, 200997Court Opinion or Order ORDER granting 96 Motion for Leave to File Excess Pages. ORDERED that the page limitation applicable to Googles responsive claim construction brief shall be extended from thirty pages to forty-five pages (excluding attachments). Signed by Magistrate Judge Charles Everingham on 5/15/09. (ch, )
May 15, 200998CLAIM CONSTRUCTION BRIEF filed by Google, Inc., Yahoo!, Inc.. (Attachments: # 1 Index, # 2 Exhibit 1 - Summary of Claim Construction Disputes, # 3 Exhibit 2 - Declaration of Wolff ISO Markman Brief, # 4 Exhibit A - 045 Re-exam Response, # 5 Exhibit B - 025 Re-exam Response, # 6 Exhibit C - 059 Re-exam Response, # 7 Exhibit D - Dean Tr.)(Brooks, Juanita)
May 15, 200999Additional Attachments to Main Document: 98 Claim Construction Brief,.. (Attachments: # 1 Exhibit E - Stone Tr., # 2 Exhibit F - Jenevein Decl., # 3 Exhibit G1 - 587 Pros. Hist. Part 1, # 4 Exhibit G1 - 587 Pros. Hist Part 2, # 5 Exhibit G2 - 6401075 to Mason, # 6 Exhibit G3 - 6430603 to Hunter)(Brooks, Juanita)
May 15, 2009100Additional Attachments to Main Document: 98 Claim Construction Brief,.. (Attachments: # 1 Exhibit H1 - 059 Pros. Hist, # 2 Exhibit H2 - 6167382 to Sparks, # 3 Exhibit H3 - 6119101 to Peckover, # 4 Exhibit I1 - 045 Pros. Hist., # 5 Exhibit I2 - 6038545 to Mandeberg)(Brooks, Juanita)
May 15, 2009101Additional Attachments to Main Document: 98 Claim Construction Brief,.. (Attachments: # 1 Exhibit J1 - 025 Pros. Hist, # 2 Exhibit J2 - 55543856 to Rosser, # 3 Exhibit K - Claim 47 Substitutions, # 4 Exhibit L1 - Aaddzz Brochure, # 5 Exhibit Aaddzz website, # 6 Exhibit M - AdForceUserGuide, # 7 Exhibit N - 6985882 to Del Sesto, # 8 Exhibit O - 6026368 to Brown)(Brooks, Juanita)
May 18, 2009102STIPULATION of Dismissal by Function Media, L.L.C., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
May 19, 2009103EXHIBIT P to docket #[98-4] in CD-ROM format as to the Declaraton of Jason W Wolff in Support of Google Inc's Markman Brief (placed with documents that are too large to scan)(ehs, )
May 20, 2009104NOTICE of Attorney Appearance by Otis W Carroll, Jr on behalf of Function Media, L.L.C. (Carroll, Otis)
May 20, 2009105NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of Function Media, L.L.C. (Maloney, Collin)
May 20, 2009106Court Opinion or Order ORDER granting 102 Stipulation of Dismissal filed by Yahoo!, Inc., Function Media, L.L.C.. All claims and counterclaims are dismissed with prejudice. Parties shall bear their own attorneys' fees, expenses and costs. Signed by Magistrate Judge Charles Everingham on 5/20/09. (ehs, )
June 3, 2009107Unopposed MOTION for Leave to File Excess Pages by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
June 8, 2009108Court Opinion or Order ORDER granting 107 Motion for Leave to File Excess Pages. ORDERED that the page limitation applicable to Function Medias Markman Reply Brief is extended from ten pages to twenty pages (excluding exhibits). Signed by Magistrate Judge Charles Everingham on 6/5/09. (ch, )
June 11, 2009109Unopposed MOTION for Leave to File Excess Pages by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Tribble, Max)
June 11, 2009110REPLY to 98 Claim Construction Brief, filed by Function Media, L.L.C.. (Tribble, Max)
June 15, 2009111Court Opinion or Order ORDER granting 109 Motion for Leave to File Excess Pages. The page limitation applicable to Function Medias Markman Reply Brief is extended fromtwenty pages to twenty-three pages (excluding exhibits). Signed by Magistrate Judge Charles Everingham on 6/15/09. (ehs, )
June 23, 2009112APPLICATION to Appear Pro Hac Vice by Attorney Carl G Anderson for Google, Inc. (APPROVED FEE PAID) 2-1-4769. (ch, )
June 23, 2009113APPLICATION to Appear Pro Hac Vice by Attorney Diane Doolittle for Google, Inc. (APPROVED FEE PAID) 2-1-4769. (ch, )
June 23, 2009114APPLICATION to Appear Pro Hac Vice by Attorney Stan Karas for Google, Inc.. (APPROVED FEE PAID) 2-1-4769(ch, )
June 26, 2009115NOTICE of Attorney Appearance by Alexandra G White on behalf of Function Media, L.L.C. (White, Alexandra)
July 10, 2009116Unopposed MOTION to Withdraw as Attorney N. Claire Abernathy by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)
July 13, 2009117Court Opinion or Order ORDER granting 116 Motion to Withdraw as Attorney. Attorney Nancy Claire Abernathy terminated as counsel for Function Media LLC. Signed by Magistrate Judge Charles Everingham on 7/13/09. (ch, )
July 23, 2009118Unopposed MOTION for Extension of Time to File Techincal Tutorials on DVD by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
July 24, 2009119Court Opinion or Order ORDER granting 118 Motion for Extension of Time to File Technical Tutorials on DVD. Parties shall submit their tutorials on DVD to thecourt by August 4, 2009. Signed by Magistrate Judge Charles Everingham on 7/24/09. (ehs, )
July 24, 2009120MOTION for Protective Order to Preclude Depositions by Google, Inc.. (Attachments: # 1 Affidavit in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Text of Proposed Order)(Anderson, Carl)
July 28, 2009121MOTION to Expedite Consideration of Motion to Compel by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Nelson, Justin)
July 27, 2009126APPLICATION to Appear Pro Hac Vice by Attorney Amy H Candido for Google, Inc.. (APPROVED FEE PAID) 2-1-4837(ch, )
July 27, 2009127APPLICATION to Appear Pro Hac Vice by Attorney David A Perlson for Google, Inc.. (APPROVED FEE PAID) 2-1-4837(ch, )
July 27, 2009128APPLICATION to Appear Pro Hac Vice by Attorney Charles K Verhoeven for Google, Inc. (APPROVED FEE PAID) 2-1-4837. (ch, )
July 30, 2009137NOTICE of Hearing: Markman Hearing RESET for 8/25/2009, 09:00 AM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham.(delat)
July 30, 2009138Joint MOTION for Extension of Time to File P.R. 4-5(d) Chart and Technical Tutorials by Function Media, L.L.C., Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
July 31, 2009139Court Opinion or Order ORDER granting 121 Motion to Expedite briefing. In light of the re-scheduling of the claim construction hearing for August 25, 2009, the court sets the following briefing schedule for the motion to compel (Dkt. No. 133). Response Due: August 12, 2009. Reply Due: August 18, 2009. Sur-Reply Due: August 24, 2009 at 12:00 p.m. The court will hear oral argument on Google, Inc.s motion for a protective order (Dkt. No. 120) and Function Medias motion to compel (Dkt. No. 133) at the conclusion of the claim construction hearing. Each side will be given 20 minutes to argue its respective position. Signed by Magistrate Judge Charles Everingham on 7/31/09. (ehs, )
July 31, 2009140Court Opinion or Order ORDER granting 138 Motion for Extension of Time to File. Parties shall submit their joint P.R. 4-5(d) chart to the Court by August 14, 2009 and their tutorials on DVD to the court by August 17, 2009. Signed by Magistrate Judge Charles Everingham on 7/31/09. (ehs, )
August 6, 2009141NOTICE of Attorney Appearance by Sandeep Seth on behalf of all plaintiffs (Seth, Sandeep)
August 10, 2009143NOTICE by Google, Inc. re 98 Claim Construction Brief, of Supplemental Authority (Attachments: # 1 Exhibit 1)(Anderson, Carl)
August 11, 2009144NOTICE by Google, Inc. of Substitution of Lead Trial Counsel (Karas, Stan)
August 17, 2009146MOTION for Judgment on the Pleadings Regarding Google's Inequitable Conduct Allegations by Function Media, L.L.C.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Text of Proposed Order)(Grinstein, Joseph)
August 17, 2009148NOTICE by Function Media, L.L.C. re 110 Reply to Claim Construction Brief Notice of Supplemental Authority for Function Media's Markman Briefs (Attachments: # 1 Exhibit 1)(Grinstein, Joseph)
August 19, 2009150Unopposed MOTION to Expedite Second Motion to Compel by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Nelson, Justin)
August 18, 2009151APPLICATION to Appear Pro Hac Vice by Attorney Edward J DeFranco for Google, Inc. (APPROVED FEE PAID) 2-1-4872. (ch, )
August 18, 2009152APPLICATION to Appear Pro Hac Vice by Attorney James M Glass for Google, Inc.. (APPROVED FEE PAID) 2-1-4872(ch, )
August 19, 2009153Second MOTION to Expedite Motion to Compel by Function Media, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Nelson, Justin)
August 21, 2009154***DEFICIENT DOCUMENT. NO CERTIFICATE OF SERVICE. PLEASE IGNORE.***RESPONSE in Opposition re 153 Second MOTION to Expedite Motion to Compel filed by Google, Inc.. (Anderson, Carl) Modified on 8/24/2009 (ch, ).
August 21, 2009155AFFIDAVIT in Opposition re 153 Second MOTION to Expedite Motion to Compel filed by Google, Inc.. (Anderson, Carl)
August 21, 2009156***FILED IN ERROR. ORDERS ARE NOT FILED AS SEPARATE DOCUMENTS.***Additional Attachments to Main Document: 154 Response in Opposition to Motion.. (Anderson, Carl) Modified on 8/24/2009 (ch, ).
August 24, 2009158***REPLACES # 154 ***RESPONSE in Opposition re 153 Second MOTION to Expedite Motion to Compel filed by Google, Inc.. (Attachments: # 1 Affidavit in Support of Opposition to Function Media's Second Expedited Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(Anderson, Carl) Modified on 8/24/2009 (ch, ).
August 25, 2009159Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Markman Hearing held on 8/25/2009. (Court Reporter Judy Werlinger, CSR.) (Attachments: # 1 Sign-in Sheet) (jml)
August 27, 2009160Emergency MOTION To Set Deadline for Google to Complete Production and Relief from Meet and Confer by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A-D filed separately under seal, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L)(Nelson, Justin)
August 27, 2009162MOTION to Expedite Emergency Motion to Set Deadline for Google to Complete Production and Relief from Meet and Confer by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Nelson, Justin)
August 28, 2009163APPLICATION to Appear Pro Hac Vice by Attorney Billie D Salinas for Google, Inc.. (APPROVED, FEE PAID 2-1-4886) (ehs, )
August 28, 2009164NOTICE by Google, Inc. re 120 MOTION for Protective Order to Preclude Depositions of Supplemental Authority (Attachments: # 1 Exhibit 1)(Anderson, Carl)
August 28, 2009165RESPONSE to Motion re 120 MOTION for Protective Order to Preclude Depositions "Response to Supplemental Authority on Protective Order" filed by Function Media, L.L.C.. (Nelson, Justin)
August 31, 2009166***FILED IN ERROR. ATTORNEY MUST FILE A MOTION. PLEASE IGNORE.NOTICE by Function Media, L.L.C. re 160 Emergency MOTION To Set Deadline for Google to Complete Production and Relief from Meet and Confer to Withdraw Emergency Motion (Nelson, Justin) Modified on 8/31/2009 (ch, ).
August 31, 2009167***REPLACES # 166 ***Unopposed MOTION to Withdraw 162 MOTION to Expedite Emergency Motion to Set Deadline for Google to Complete Production and Relief from Meet and Confer, 161 Sealed Additional Attachments to Main Document, 160 Emergency MOTION To Set Deadline for Google to Complete Production and Relief from Meet and Confer by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Emergency Motion)(Nelson, Justin) Modified on 8/31/2009 (ch, ).
August 31, 2009168NOTICE of Attorney Appearance by Deborah J Race on behalf of Function Media, L.L.C. (Race, Deborah)
August 31, 2009169Court Opinion or Order ORDER denying 162 Motion to Expedite; granting 167 Motion to Withdraw. Signed by Magistrate Judge Charles Everingham on August 31, 2009. (jml)
August 31, 2009170REPLY to Response to Motion re 120 MOTION for Protective Order to Preclude Depositions regarding Notice of Supplemental Authority filed by Google, Inc.. (Anderson, Carl)
September 3, 2009171Unopposed MOTION for Extension of Time to File, MOTION for Extension of Time to File Response/Reply as to 146 MOTION for Judgment on the Pleadings Regarding Google's Inequitable Conduct Allegations by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)
September 8, 2009172Court Opinion or Order ORDER granting 171 Motion for Extension of Time to File Response/Reply ( Responses due by 9/11/2009). Signed by Magistrate Judge Charles Everingham on 9/8/09. (ehs, )
September 11, 2009173Unopposed MOTION for Extension of Time to File, MOTION for Extension of Time to File Response/Reply as to 146 MOTION for Judgment on the Pleadings Regarding Google's Inequitable Conduct Allegations by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)
September 15, 2009174Court Opinion or Order ORDER granting 173 Motion for Extension of Time to File; granting 173 Motion for Extension of Time to File Response to pltf's motion for judgment on the pleadings regarding Gogle's Inequitable Conduct Allegations( Responses due by 9/15/2009). Signed by Magistrate Judge Charles Everingham on 9/15/09. (ehs, )
September 18, 2009177NOTICE of Disclosure by Function Media, L.L.C. re Plaintiff's Witness Disclosure (Nelson, Justin)
September 18, 2009178Joint MOTION for Extension of Time to Complete Discovery by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend)(Nelson, Justin)
September 22, 2009182Court Opinion or Order ORDER granting 178 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Charles Everingham on 9/22/09. (ehs, )
September 29, 2009186Additional Attachments to Main Document: 183 SEALED MOTION for Leave to File Supplement to Motion to Compel (dkt 133).. (Nelson, Justin)
October 1, 2009187APPLICATION to Appear Pro Hac Vice by Attorney Patrick Curran for Google, Inc.. (APPROVED, FEE PAID 2-1- 4946)(ehs, )
October 2, 2009190MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
October 2, 2009191NOTICE by Google, Inc. Pursuant to 35 U.S.C. Section 282 (Anderson, Carl)
October 2, 2009192MOTION Motion to Limit the Number of Asserted Claims by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Salinas, Billie) (Additional attachment(s) added on 10/5/2009: # 5 Text of Proposed Order) (ehs, ).
October 2, 2009197MOTION in Limine No. Nine: Motion to Preclude Argument that Google Hindered Function Media or its Expert from Testing or Analyzing the Accused Products by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Granting Google's Motion in Limine No. Nine: Motion to Preclude Argument that Google Hindered Function Media or its Expert from Testing or Analyzing the Accused Products)(Salinas, Billie)
October 2, 2009199MOTION in Limine No. Eleven: Motion to Exclude Evidence of Google's Size, Wealth and Overall Revenues by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Granting Google's Motion in Limine No. Eleven: Motion to Exclude Evidence of Google's Size, Wealth and Overall Revenues)(Salinas, Billie)
October 2, 2009200MOTION in Limine No. Five: Motion to Admit Evidence Regarding the Reexamination of the Patents-In-Suit by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order Granting Google's Motion in Limine No. Five: Motion to Admit Evidence Regarding the Reexamination of the Patents-in-Suit)(Salinas, Billie)
October 2, 2009204MOTION in Limine No. Three: Motion to Exclude Plaintiff from Asserting Any "Secondary Considerations" of Non-Obviousness by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Granting Google's Motion in Limine No. Three: Motion to Exclude Plaintiff From Asserting Any "Secondary Considerations" of Non-Obviousness)(Salinas, Billie)
October 2, 2009205MOTION in Limine No. Two: Motion in Limine to Preclude Function Media from Introducing Evidence and Argument that Google Infringes the Asserted Claims Under the Doctrine of Equivalents by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit D, # 6 Text of Proposed Order Granting Google's Motion in Limine No. Two: Motion to Preclude Function Media From Introducing Evidence and Argument That Google Infringes the Asserted Claims Under the Doctrine of Equivalents)(Salinas, Billie)
October 2, 2009206MOTION in Limine No. One: Motion to Preclude Evidence and Argument Relating to The Parties' Conduct During Discovery by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Granting Motion in Limine No. One: Motion to Preclude Evidence and Argument Relating to the Parties' Conduct During Discovery)(Salinas, Billie)
October 2, 2009208NOTICE by Function Media, L.L.C. Notice of Trial Transcript (Grinstein, Joseph)
October 3, 2009211NOTICE by Google, Inc. of Trial Transcript (Salinas, Billie)
October 5, 2009213Unopposed MOTION for Leave to File Excess Pages Applicable to Docket No. 188 by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
October 6, 2009214Court Opinion or Order ORDER granting 213 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Charles Everingham on 10/6/09. (ch, )
October 9, 2009218Court Opinion or Order MEMORANDUM OPINION and ORDER regarding the claim construction issues. Signed by Magistrate Judge Charles Everingham on 10/9/09. (ehs, )
October 9, 2009219Court Opinion or Order ORDER - taking under advisement 120 Motion for Protective Order; granting 133 Sealed Motion to Compel; denying 146 Motion for Judgment on the Pleadings; granting in part and denying in part 153 Motion to Expedite; granting 180 Sealed Motion to Preclude depositions; denying 181 Sealed Motion for leave to take depositions. Signed by Magistrate Judge Charles Everingham on 10/9/09. (ch, )
October 13, 2009220NOTICE of Attorney Appearance by Warren Burns on behalf of Function Media, L.L.C. (Burns, Warren)
October 16, 2009221NOTICE by Function Media, L.L.C. Objections to Google's Trial Exhibits (Tribble, Max)
October 16, 2009222NOTICE by Function Media, L.L.C. Function Media's Counter-Designations and Objections to Google's Deposition Designations (Tribble, Max)
October 16, 2009223NOTICE by Google, Inc. GOOGLE INC.S RESPONSES AND OBJECTIONS TO PLAINTIFF'S PRE-TRIAL DISCLOSURES (Attachments: # 1 Exhibit A)(Salinas, Billie)
October 19, 2009224RESPONSE to Motion re 192 MOTION Motion to Limit the Number of Asserted Claims filed by Function Media, L.L.C.. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C, # 4 Exhibit Ex. D, # 5 Exhibit Ex. E)(Grinstein, Joseph)
October 19, 2009225RESPONSE to Motion re 190 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial filed by Function Media, L.L.C.. (Burns, Warren)
October 22, 2009226NOTICE by Google, Inc. OF POTENTIAL SCHEDULING CONFLICT (Attachments: # 1 Exhibit A)(Anderson, Carl)
October 22, 2009227Joint MOTION for Extension of Time to File Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict by Function Media, L.L.C., Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
October 23, 2009228NOTICE of Hearing: Jury Selection set for 1/4/2010, 09:00 AM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham. Jury Trial set for 1/19/2010, 08:30 AM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham. Pretrial Conference set for 12/16/2009, 09:30 AM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham.(delat)
October 23, 2009229Court Opinion or Order ORDER granting 227 Motion for Extension of Time to File Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict to October 23, 2009. Signed by Magistrate Judge Charles Everingham on 10/23/09. (ehs, )
October 23, 2009230Joint MOTION for Extension of Time to File Pre-Trial Deadlines by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
October 26, 2009231Court Opinion or Order ORDER granting 230 Motion for Extension of Pretrial Deadlines. Deadlines are extended as set forth herein. Signed by Magistrate Judge Charles Everingham on 10/26/09. (ch, )
October 29, 2009232REPLY to Response to Motion re 192 MOTION Motion to Limit the Number of Asserted Claims filed by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Salinas, Billie)
November 3, 2009238Unopposed MOTION for Leave to File Excess Pages in Opposition to Plaintiff's Motions in Limine by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
November 3, 2009239RESPONSE to Motion re 197 MOTION in Limine No. Nine: Motion to Preclude Argument that Google Hindered Function Media or its Expert from Testing or Analyzing the Accused Products filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 3, 2009241RESPONSE to Motion re 189 SEALED MOTION for Summary Judgment That Any Alleged Infringement of U.S. Patent Nos. 6,446,045, 7,240,025, and 7,249,059 Was Not Willful filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 3, 2009242RESPONSE to Motion re 202 SEALED MOTION in Limine No. Four: Motion To Preclude Evidence and Argument Regarding Function Media's Allegations of Willful Infringement filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 3, 2009244RESPONSE to Motion re 193 SEALED MOTION in LImine No. 6: Motion to Preclude Evidence and Argument Regarding Credit for Invention of the Accused Products filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 3, 2009245RESPONSE to Motion re 206 MOTION in Limine No. One: Motion to Preclude Evidence and Argument Relating to The Parties' Conduct During Discovery filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 3, 2009246RESPONSE to Motion re 200 MOTION in Limine No. Five: Motion to Admit Evidence Regarding the Reexamination of the Patents-In-Suit filed by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 4, 2009252Court Opinion or Order ORDER granting 238 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Charles Everingham on 11/4/09. (ehs, )
November 4, 2009253Unopposed MOTION to Continue Reschedule the Final Pretrial Conference and Pretrial Deadlines by Google, Inc.. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Reschedule Pretrial Conference and Pretrial Deadlines)(Salinas, Billie)
November 4, 2009254***FILED IN ERROR. FILED UNDER WRONG EVENT. PLEASE IGNORE.***Joint MOTION to Continue Deadline for Rebuttal Expert Witness Designations and Reports by Google, Inc.. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadlines for Rebuttal Expert Witness Designations and Reports)(Salinas, Billie) Modified on 11/5/2009 (ch, ).
November 5, 2009255SUR-REPLY to Reply to Response to Motion re 192 MOTION Motion to Limit the Number of Asserted Claims filed by Function Media, L.L.C.. (Grinstein, Joseph)
November 5, 2009256***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***Joint MOTION for Extension of Time to File Rebuttal Expert Witness Designations and Reports by Google, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Extend Deadline for Rebuttal Expert Witness Designations and Reports)(Salinas, Billie) Modified on 11/5/2009 (ch, ).
November 5, 2009257***REPLACES # 254 & 256 ***Joint MOTION for Extension of Time to File Rebuttal Expert Witness Designations and Reports by Google, Inc.. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadline for Rebuttal Expert Witness Designations and Reports)(Salinas, Billie) Modified on 11/5/2009 (ch, ).
November 5, 2009258Unopposed MOTION for Extension of Time to File Response/Reply as to 190 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
November 6, 2009259Court Opinion or Order ORDER granting 253 Motion to Continue the Final Pretrial Conference and Pre-Trial Deadlines. The Final Pretrial Conference is rescheduled from December 16, 2009, at 9:30 a.m., to December 4, 2009, at 9:30 a.m. The deadline for the parties to file their Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict shall be November 20, 2009.. Signed by Magistrate Judge Charles Everingham on 11/6/09. (ehs, )
November 6, 2009260Court Opinion or Order ORDER granting 257 Motion for Extension of Time to File Rebuttal Expert Witness Designations and Reports. Deadline extended to 11/24/09. Signed by Magistrate Judge Charles Everingham on 11/6/09. (ehs, )
November 6, 2009261Court Opinion or Order ORDER granting 258 Motion for Extension of Time to File Reply on its Motion to Seal Documents and Close the Courtroom During Presentation ofConfidential Material at Trial. Responses due by 11/16/2009. Signed by Magistrate Judge Charles Everingham on 11/6/09. (ehs, )
November 13, 2009265Joint MOTION for Extension of Time to File Response/Reply as to 201 SEALED MOTION for Summary Judgment on Validity of Patents, 207 SEALED MOTION for Summary Judgment of Non-Infringement and Motions in Limine by Function Media, L.L.C., Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
November 16, 2009267Unopposed MOTION for Leave to File Excess Pages in Google's Reply in support of its Motion to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Anderson, Carl)
November 18, 2009269Court Opinion or Order ORDER granting 267 Motion for Leave to File Excess Pages in its Reply in Support of its Motion to Seal Documents and Close the Courtroom during Presentation of Confidential Material at Trial. Signed by Magistrate Judge Charles Everingham on 11/18/09. (ch, )
November 18, 2009270Joint MOTION for Extension of Time to File Response/Reply as to 201 SEALED MOTION for Summary Judgment on Validity of Patents, 195 SEALED MOTION for Summary Judgment of No Inequitable Conduct, 207 SEALED MOTION for Summary Judgment of Non-Infringement and Motions in Limine by Function Media, L.L.C., Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
November 18, 2009272Agreed MOTION to Expedite Supplemental Motion to Compel by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order Granting Motion to Expedite)(Nelson, Justin)
November 19, 2009273Court Opinion or Order ORDER granting 270 Motion for Extension of Time to File Surreply. Google's Surreply in Opposition to Function Media's motion for Summary Judgment of No Inequitable Conduct due by 11/20/2009 Replies on Dispositive Motions and Motions in Limine due by 11/23/2009. Deadline for Function Media's Inequitable Conduct Expert Report due 11/25/2009. Signed by Magistrate Judge Charles Everingham on 11/19/09. (ehs, ) Modified on 11/20/2009 to clarify order text(ehs, ).
November 19, 2009274Court Opinion or Order ORDER granting 272 Motion to Expedite. Opening Brief: November 18, 2009 Responsive Brief: December 2, 2009. Hearing: December 4, 2009. The parties will not file any reply or surreply briefing. Signed by Magistrate Judge Charles Everingham on 11/19/09. (ehs, )
November 23, 2009281Unopposed MOTION to Withdraw as Attorney by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Wolff, Jason)
November 23, 2009282Joint MOTION for Extension of Time to File Reply Briefs in Support of Motions in Limine, Certain Dispositive Motion Reply Briefs, and Rebuttal Expert Reports by Function Media, L.L.C., Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
November 24, 2009283Court Opinion or Order ORDER granting 282 Motion for Extension of Time to File Reply Briefs in Support of Motion in Limine, Certain Dispositive Motion Reply Briefs and Rebuttal Expert Reports. Signed by Magistrate Judge Charles Everingham on 11/24/09. (ch, )
November 24, 2009284Court Opinion or Order ORDER granting 281 Motion to Withdraw as Attorney. Attorney Juanita R Brooks and Thomas Bernard Walsh, IV terminated as counsel for Google, Inc.. Signed by Magistrate Judge Charles Everingham on 11/24/09. (ch, )
November 25, 2009285Unopposed MOTION for Leave to File Excess Pages by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Grinstein, Joseph)
November 25, 2009286Unopposed MOTION for Extension of Time to File Response/Reply as to 190 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Burns, Warren)
November 25, 2009291REPLY to Response to Motion re 206 MOTION in Limine No. One: Motion to Preclude Evidence and Argument Relating to The Parties' Conduct During Discovery filed by Google, Inc.. (Candido, Amy)
November 25, 2009294REPLY to Response to Motion re 200 MOTION in Limine No. Five: Motion to Admit Evidence Regarding the Reexamination of the Patents-In-Suit filed by Google, Inc.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2)(Candido, Amy)
November 25, 2009296REPLY to Response to Motion re 197 MOTION in Limine No. Nine: Motion to Preclude Argument that Google Hindered Function Media or its Expert from Testing or Analyzing the Accused Products filed by Google, Inc.. (Attachments: # 1 Revised [Proposed] Order)(DeFranco, Edward)
November 30, 2009301Unopposed MOTION for Leave to File Excess Pages in Function Media's Surreply to Google's Motion to Seal Documents and Close the Courtroom During Presentation of Confidential Information at Trial by Function Media, L.L.C.. (Attachments: # 1 Text of Proposed Order)(Burns, Warren)
December 1, 2009303Court Opinion or Order ORDER granting 301 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Charles Everingham on 12/1/09. (ch, )
December 1, 2009304Court Opinion or Order ORDER granting 286 Motion for Extension of Time to File Response/Reply re 190 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial Responses due by 12/1/2009. Signed by Magistrate Judge Charles Everingham on 12/1/09. (ch, )
December 1, 2009305Court Opinion or Order ORDER granting 285 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Charles Everingham on 12/1/09. (ch, )
December 1, 2009306SUR-REPLY to Reply to Response to Motion re 190 MOTION to Seal Documents and Close the Courtroom During Presentation of Confidential Material at Trial filed by Function Media, L.L.C.. (Burns, Warren)
December 4, 2009309NOTICE of Hearing: Hearing on pre-admission of exhibits and depo designations set for 1/5/2010, 09:00 AM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham.(delat)
December 4, 2009310Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Initial Pretrial Conference held on 12/4/2009.(Court Reporter Shelly Holmes.)(Attachments: #(1) sign-in sheet)(delat)
December 4, 2009311Court Opinion or Order ORDER granting 271 Sealed Motion to Compel Deposition of Google Executives. Signed by Magistrate Judge Charles Everingham on 12/4/09. (ch, )
December 4, 2009312Unopposed MOTION for Extension of Time to File Response/Reply as to 275 SEALED MOTION to Compel Previously-Taken Deposition Testimony of Google Executives by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Candido, Amy)
December 7, 2009313Court Opinion or Order ORDER granting 312 Googles Unopposed Motion to Extend Deadline For Googles Opposition To Function Medias Motion to Compel Previously-Taken Deposition Testimony. The deadline for Googles Opposition to Function Medias Motion to Compel Previously-Taken Deposition Testimony will be December 7, 2009. Signed by Magistrate Judge Charles Everingham on 12/7/09. (ljw, )
December 7, 2009314Court Opinion or Order ORDER granting in part and denying in part 192 Dft Google Inc Motion to Limit the number of asserted claims. The plaintiff Function Media, L.L.C. shall limit the number of asserted claims for trial to a total of nine across both patents. The plaintiff shall notify the defendant by 12/11/09 at 12:00pm which patent claims it will assert at trial. Signed by Magistrate Judge Charles Everingham on 12/7/09. (ch, )
December 9, 2009318NOTICE of Attorney Appearance by Jessica Lea Hannah on behalf of Function Media, L.L.C. (Hannah, Jessica)
December 11, 2009320Court Opinion or Order ORDER denying 189 Sealed Motion for Summary Judgment. Signed by Magistrate Judge Charles Everingham on 12/11/09. (ch, )
December 11, 2009321MOTION to Expedite Briefing and Consideration of Google's Daubert Motion to Exclude Certain Testimony and Opinions of Mr. Walter Bratic by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Candido, Amy)
December 14, 2009322RESPONSE in Opposition re 321 MOTION to Expedite Briefing and Consideration of Google's Daubert Motion to Exclude Certain Testimony and Opinions of Mr. Walter Bratic filed by Function Media, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Grinstein, Joseph)
Search for this case: Function Media, L.L.C. v. Google, Inc. et al
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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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