GraphOn Corporation v. AutoTrader.com, Inc.

Plaintiff GraphOn Corporation alleged that Defendant AutoTrader.com, Inc. infringed on U.S. Patent Nos. 6,324,538 and 6,850,940 entitled "Automated On-Line Information Service and Directory, Particularly for the World Wide Web."
Plaintiff:GraphOn Corporation
Defendant:AutoTrader.com, Inc.
 
Case Number:2:2007cv00367
Filed:August 24, 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:Plaintiff
Date Filed # Docket Text
August 24, 2007 1 COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL against AutoTrader.com, Inc. ( Filing fee $ 350 receipt number 1241282.), filed by GraphOn Corporation. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit A# 3 Exhibit B)(Bunt, Robert) (Entered: August 24, 2007)
August 24, 2007 2 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Bunt, Robert) (Entered: August 24, 2007)
August 24, 2007 3 CORPORATE DISCLOSURE STATEMENT filed by GraphOn Corporation identifying None as Corporate Parent. (Bunt, Robert) Modified on 8/27/2007 (mpv, ). (Entered: August 24, 2007)
August 27, 2007 E-GOV SEALED SUMMONS Issued as to AutoTrader.com, Inc. (ehs, ) (Entered: August 27, 2007)
October 2, 2007 4 APPLICATION to Appear Pro Hac Vice by Attorney Padma Choudry for GraphOn Corporation. (FEE PAID) R-6-1-11207 (ehs, ) (Entered: October 2, 2007)
October 2, 2007 5 APPLICATION to Appear Pro Hac Vice by Attorney Michael D Rounds for GraphOn Corporation. (FEE PAID) R-6-1-11207 (ehs, ) (Entered: October 2, 2007)
October 16, 2007 6 E-GOV SEALED SUMMONS Issued as to AutoTrader.com, Inc.. (ch, ) (Entered: October 16, 2007)
October 24, 2007 7 E-GOV SEALED SUMMONS Returned Executed by GraphOn Corporation. AutoTrader.com, Inc. served by Process Server on 10/17/2007, answer due 11/6/2007. (ch, ) (Entered: October 24, 2007)
October 24, 2007 8 ANSWER to Complaint and, COUNTERCLAIM against GraphOn Corporation by AutoTrader.com, Inc..(Jones, Michael) (Entered: October 24, 2007)
October 24, 2007 9 NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of AutoTrader.com, Inc. (Gardner, Allen) (Entered: October 24, 2007)
October 30, 2007 10 APPLICATION to Appear Pro Hac Vice by Attorney Anna E Cross for AutoTrader.com, Inc.APPROVED (FEE PAID) 6-1-11570 (poa, ) (Entered: October 31, 2007)
October 30, 2007 11 APPLICATION to Appear Pro Hac Vice by Attorney Kevin B Collins for AutoTrader.com, Inc. APPROVED (FEE PAID) 6-1-11570 (poa, ) (Entered: October 31, 2007)
October 30, 2007 12 APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey M Davidson for AutoTrader.com, Inc. APPROVED (FEE PAID) 6-1-11570 (poa, ) (Entered: October 31, 2007)
October 30, 2007 13 APPLICATION to Appear Pro Hac Vice by Attorney George F Pappas for AutoTrader.com, Inc. APPROVED (FEE PAID) 6-1-11570 (poa, ) (Entered: October 31, 2007)
November 16, 2007 14 Joint MOTION Adopt Docket Control Orders by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) (Entered: 11/16/2007)
November 16, 2007 15 APPLICATION to Appear Pro Hac Vice by Attorney Richard J Johnson, Jr for AutoTrader.com, Inc. (FEE PAID) 6-1-11797 (ehs, ) (Entered: November 16, 2007)
November 16, 2007 16 ANSWER to Counterclaim by GraphOn Corporation.(Rounds, Michael) (Entered: November 16, 2007)
November 19, 2007 17 Proposed Jury Instructions by GraphOn Corporation. (Attachments: # 1 Exhibit A, Parties' Stipulated Jury Instructions# 2 Exhibit B, Proposed Jury Instructions of Plaintiff GraphOn Corporation# 3 Exhibit C, AutoTrader.com's Proposed Jury Instructions)(Rounds, Michael) (Entered: November 19, 2007)
November 19, 2007 18 Proposed Pretrial Order Joint Final Pretrial Order by GraphOn Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Rounds, Michael) (Entered: November 19, 2007)
November 20, 2007 19 Consent MOTION for Extension of Time to File Motions in Limine, Objections to Exhibit Lists, Objections to Proffered Testimony, and Proposed Verdict Form by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 20 NOTICE by GraphOn Corporation Plaintiff's Proposed Verdict Form (Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 21 NOTICE by GraphOn Corporation GraphOn's Objections to AutoTrader's Affirmative Deposition Designations (Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 22 NOTICE by GraphOn Corporation GraphOn Corporation's Objections to AutoTrader's Trial Exhibit List (Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 23 SEALED PATENT MOTION GraphOn Corporation's Omnibus Motion in Limine by GraphOn Corporation. (Attachments: # 1 Timothy Brisson Deposition Transcript# 2 Byron Crowe Deposition Transcript# 3 Robert Dilworth Deposition Transcript# 4 Daniel Jackson Deposition Transcript# 5 Gerald Mossinghoff Deposition Transcript# 6 William Swain Deposition Transcript# 7 Exhibit 1# 8 Exhibit 2# 9 Exhibit 3# 10 Exhibit 4# 11 Exhibit 5, part 1 of 2# 12 Exhibit 5, part 2 of 2# 13 Exhibit 6# 14 Exhibit 7# 15 Proposed Order)(Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 24 NOTICE of Attorney Appearance by Henry Charles Bunsow on behalf of GraphOn Corporation (Bunsow, Henry) (Entered: November 20, 2007)
November 20, 2007 25 NOTICE of Attorney Appearance by Lisa Buccino on behalf of GraphOn Corporation (Buccino, Lisa) (Entered: November 20, 2007)
November 20, 2007 26 ORDER granting 14 Joint Motion to Adopt Docket Control Orders.. Signed by Judge T. John Ward on 11/20/07. (ch, ) (Entered: 11/20/2007)
November 20, 2007 27 NOTICE by AutoTrader.com, Inc. Proposed Verdict Form (Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 28 NOTICE by AutoTrader.com, Inc. Objections to GraphOn's Trial Exhibit List (Attachments: # 1 Exhibit A)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 29 NOTICE by AutoTrader.com, Inc. Objections to GraphOn's Deposition Designations (Attachments: # 1 Exhibit A)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 30 SEALED MOTION IN Limine by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 31 MOTION for Summary Judgment of Non-Infringement of U.S. Patent Nos. 6,324,538 and 6,850,940 by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 32 MOTION for Summary Judgment Limiting Damages for Infringement of U.S. Patent Nos. 6,324,538 and 6,850,940 by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 33 ***FILED IN ERROR*** MOTION for Summary Judgment of Invalidity of U.S. Patent Nos. 6,324,538 and 6,850,940 by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) Modified on 11/20/2007 (ch, ). (Entered: November 20, 2007)
November 20, 2007 ***FILED IN ERROR. Document # 33, Motion. PLEASE IGNORE.*** Attorney will refile(ch, ) (Entered: November 20, 2007)
November 20, 2007 34 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 112 of U.S. Patent No. 6,850,940 by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) (Entered: November 20, 2007)
November 20, 2007 35 RESPONSE in Opposition re 34 MOTION for Summary Judgment of Invalidity Under 35 U.S.C. 112 of U.S. Patent No. 6,850,940 filed by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 36 RESPONSE in Opposition re 32 MOTION for Summary Judgment Limiting Damages for Infringement of U.S. Patent Nos. 6,324,538 and 6,850,940 filed by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 37 RESPONSE in Opposition re 31 MOTION for Summary Judgment of Non-Infringement of U.S. Patent Nos. 6,324,538 and 6,850,940 filed by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) (Entered: November 20, 2007)
November 20, 2007 38 APPLICATION to Appear Pro Hac Vice by Attorney Christopher L Meazell for AutoTrader.com, Inc. (APPROVED)(FEE PAID) 2-1-3255. (ch, ) (Entered: November 21, 2007)
November 21, 2007 39 NOTICE by AutoTrader.com, Inc. Notice of Compliance with Pretrial Disclosures (Gardner, Allen) (Entered: November 21, 2007)
November 21, 2007 40 ORDER denying 32 Motion for Summary Judgment. With respect to the '940 patent Auto Trader's motion is denied at this time based on the extant record. The denial is without prejudice to any effort by Auto Trader to show that the eBay site is a patent article of the '940 patent. Signed by Judge T. John Ward on 11/21/07. (poa, ) (Entered: November 21, 2007)
November 21, 2007 41 ORDER denying 34 Motion for Summary Judgment of invalidity. Signed by Judge T. John Ward on 11/21/07. (ch, ) (Entered: 11/21/2007)
November 21, 2007 42 ORDER REFERRING CASE to Mediator. Robert W Faulkner added as Mediator. Mediation deadline 11/27/07. Signed by Judge T. John Ward on 11/21/07. (ch, ) (Entered: November 21, 2007)
November 21, 2007 43 APPLICATION to Appear Pro Hac Vice by Attorney Denise M DeMory for GraphOn Corporation.APPROVED (FEE PAID) 2-1-3259 (poa, ) (Entered: November 21, 2007)
November 21, 2007 44 ORDER granting 19 Motion for Extension of Time to File motion in limine, objections to Graphon's exhibit list and identification of testimony and proposed verdict form until 11/20/07. Signed by Judge T. John Ward on 11/21/07. (djh, ) (Entered: November 21, 2007)
November 21, 2007 45 ORDER denying 31 Motion for Summary Judgment on non-infringement. Signed by Judge T. John Ward on 11/21/07. (djh, ) (Entered: 11/21/2007)
November 21, 2007 46 APPLICATION to Appear Pro Hac Vice by Attorney Denise M DeMory for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3259 (ch, ) (Entered: November 21, 2007)
November 21, 2007 47 NOTICE by AutoTrader.com, Inc. Joint Notice Concerning Agreements on Motions in Limine (Jones, Michael) (Entered: November 21, 2007)
November 21, 2007 48 ***FILED IN ERROR, PLEASE IGNORE.*** MOTION for Leave to File GRAPHONS SURREPLY TO AUTOTRADERS MOTION FOR LEAVE TO AMEND ITS IDENTIFICATION OF TRIAL WITNESSES by GraphOn Corporation. (Buccino, Lisa) Modified on 11/26/2007 (sm, ). (Entered: November 21, 2007)
November 21, 2007 49 SEALED PATENT DOCUMENT. GraphOn Corporation's Sur-Reply to Defendant's Reply in Support of Motion to Strike Testimony and Expert Report of Bruce McFarlane (Attachments: # 1 William Templeton Deposition Transcript# 2 Victor Perry Deposition Transcript# 3 Bruce McFarlane Deposition Transcript)(Rounds, Michael) (Entered: November 21, 2007)
November 21, 2007 50 SEALED RESPONSE to Motion re AutoTrader's Motion for Sanctions (Attachments: # 1 Affidavit Declaration of Lisa S. Buccino in Support of Resposne# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3# 5 Exhibit Exhibit 4)(Buccino, Lisa) Additional attachment(s) added on 11/27/2007 (sm, ). (Entered: November 21, 2007)
November 21, 2007 51 SEALED REPLY to Response to Motion for Protective Order filed by GraphOn Corporation. (Attachments: # 1 Affidavit Declaration of Lisa S. Buccino in Support of Reply# 2 Exhibit Exhibit 1# 3 Exhibit Ex. 2)(Buccino, Lisa) Additional attachment(s) added on 11/27/2007 (sm, ). (Entered: November 21, 2007)
November 23, 2007 52 Exhibit List GraphOn's Objections to AutoTrader.com's Exhibit List by GraphOn Corporation.. (Buccino, Lisa) (Entered: November 23, 2007)
November 23, 2007 53 NOTICE of Disclosure by GraphOn Corporation re Pretrial Disclosures (Buccino, Lisa) (Entered: November 23, 2007)
November 25, 2007 54 MOTION for Protective Order GraphOn's Motion for Protective Order and to Exclude Evidence at Trial by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) Additional attachment(s) added on 11/27/2007 (sm, ). (Entered: November 25, 2007)
November 25, 2007 55 NOTICE by GraphOn Corporation GraphOn's Submission of Supplemental Authority (Rounds, Michael) (Entered: November 25, 2007)
November 25, 2007 56 MOTION to Strike GraphOn's Cross-Motion to Strike Reports and Exclude Evidence by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) Additional attachment(s) added on 11/27/2007 (sm, ). (Entered: November 25, 2007)
November 26, 2007 57 MOTION for Reconsideration in Part of this Court's Order 197 Dismissing Case Without Prejudice by AutoTrader.com, Inc.. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Jones, Michael) (Entered: 11/26/2007)
November 26, 2007 ***FILED IN ERROR, NOT A MOTION, ATTY MUST REFILE USING CORRECT EVENT*** . Document # 48, Motion. PLEASE IGNORE.*** (sm, ) (Entered: November 26, 2007)
November 26, 2007 59 Minute Entry for proceedings held before Judge T. John Ward : Final Pretrial Conference held on 11/26/2007. (Court Reporter Susan Simmons.) (shd, ) (Entered: November 27, 2007)
November 27, 2007 58 MOTION for Reconsideration re 56 MOTION to Strike GraphOn's Cross-Motion to Strike Reports and Exclude Evidence by GraphOn Corporation. (Attachments: # 1 Text of Proposed Order Order Granting Motion)(Buccino, Lisa) (Entered: November 27, 2007)
November 27, 2007 60 NOTICE by GraphOn Corporation Pursuant to Docket No. 26, attached is GRAPHONS SURREPLY TO AUTOTRADERS MOTION FOR LEAVE TO AMEND ITS IDENTIFICATION OF TRIAL WITNESSES (Filed in Response to Docket Number 172 in closed case 02-530) (Buccino, Lisa) (Entered: November 27, 2007)
November 27, 2007 61 RESPONSE in Opposition re 58 MOTION for Reconsideration re 56 MOTION to Strike GraphOn's Cross-Motion to Strike Reports and Exclude Evidence filed by AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) (Entered: November 27, 2007)
November 28, 2007 62 NOTICE of Settlement by GraphOn Corporation (Bunsow, Henry) (Entered: November 28, 2007)
November 28, 2007 63 ORDER - the parties have announced to the court that all matters in controversy between them in this case have been resolved through settlement. Therefore, all pending motions are Denied as Moot. Signed by Judge T. John Ward on 11/28/07. (ch, ) (Entered: November 28, 2007)
December 21, 2007 64 Joint MOTION to Dismiss Motion for and Stipulation of Dismissal by GraphOn Corporation, AutoTrader.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Gardner, Allen) Corrected Proposed Order added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ). (Entered: December 21, 2007)
January 3, 2008 65 ORDER granting 64 Motion to Dismiss. All claims and courterclaims are dismissed with prejudice. Each party shall bear its own costs and attorney fees. Signed by Judge T. John Ward on 1/2/08. (ch, ) (Entered: January 3, 2008)
Docket Report Last Checked: August 19, 2008 14:34:18 PDT
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Plaintiff: GraphOn Corporation
Represented By: Robert Christopher Bunt
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Defendant: AutoTrader.com, Inc.
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