GraphOn Corporation v. Juniper Networks, Inc.

Plaintiff GraphOn Corporation alleged that Defendant Juniper Networks, Inc. infringed on U.S. Patent Nos. 5,826,014, 6,061,798, 7,028,336 entitled "Firewall System for Protecting Network Elements Connected to a Public Network."
Plaintiff:GraphOn Corporation
Defendant:Juniper Networks, Inc.
 
Case Number:2:2007cv00373
Filed:August 28, 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
August 28, 2007 1 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL against Juniper Networks, Inc. (Filing fee $ 350.) , filed by GraphOn Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Civil Cover Sheet)(ch, ) (Entered: August 28, 2007)
August 28, 2007 2 CORPORATE DISCLOSURE STATEMENT filed by GraphOn Corporation identifying None as Corporate Parent. (ch, ) (Entered: August 28, 2007)
August 28, 2007 3 Report on the Filing or Determination of an Action Regarding A Patent or Trademark. (Copy forwarded to the Director of the U.S. Patent and Trademark Office.). (ch, ) (Entered: August 28, 2007)
August 28, 2007 4 E-GOV SEALED SUMMONS Issued as to Juniper Networks, Inc.. (ch, ) (Entered: August 28, 2007)
August 28, 2007 Filing fee: $ 350.00, receipt number 2-1-2946 (ch, ) (Entered: August 28, 2007)
September 10, 2007 5 E-GOV SEALED SUMMONS Returned Executed by GraphOn Corporation. Juniper Networks, Inc. served by Process Server on 9/6/2007, answer due 9/26/2007. (ch, ) (Entered: September 11, 2007)
September 14, 2007 6 MOTION for Extension of Time to File Defendant Juniper Networks, Inc.'s Unopposed Motion to Extend Time to Answer, Move or Otherwise Respond to Plaintiff GraphOn Corporation's Complaint to Patent Infringement and Demand for Jury Trial by Juniper Networks, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Melissa) (Entered: September 14, 2007)
September 17, 2007 7 APPLICATION to Appear Pro Hac Vice by Attorney David Craig McPhie for Juniper Networks, Inc. (APPROVED)(FEE PAID) 2-1-3002. (ch, ) (Entered: September 18, 2007)
September 18, 2007 8 ORDER granting 6 Motion for Extension of Time to File. Juniper Networks Inc., deadline is extended to 10/26/07. Signed by Judge Charles Everingham on 9/18/07. (ch, ) (Entered: September 18, 2007)
September 18, 2007 Answer Due Deadline Updated for Juniper Networks, Inc. to 10/26/2007. (ch, ) (Entered: September 18, 2007)
October 2, 2007 9 APPLICATION to Appear Pro Hac Vice by Attorney Michael D Rounds for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3074 (ch, ) (Entered: October 4, 2007)
October 2, 2007 10 APPLICATION to Appear Pro Hac Vice by Attorney Padma Choudry for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3074 (ch, ) (Entered: October 4, 2007)
October 16, 2007 11 APPLICATION to Appear Pro Hac Vice by Attorney Thomas A Vickers for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3117 (ch, ) (Entered: October 17, 2007)
October 16, 2007 12 APPLICATION to Appear Pro Hac Vice by Attorney David P Germaine for GraphOn Corporation.(APPROVED)(FEE PAID) 2-1-3117 (ch, ) (Entered: October 17, 2007)
October 16, 2007 13 APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey R Moran for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3117 (ch, ) (Entered: October 17, 2007)
October 16, 2007 14 APPLICATION to Appear Pro Hac Vice by Attorney Joseph M Vanek for GraphOn Corporation. (FEE PAID) 2-1-3117 (ehs, ) (Entered: October 17, 2007)
October 26, 2007 15 ANSWER to Complaint, COUNTERCLAIM against GraphOn Corporation by Juniper Networks, Inc..(McPhie, David) (Entered: October 26, 2007)
October 26, 2007 16 CORPORATE DISCLOSURE STATEMENT filed by Juniper Networks, Inc., Juniper Networks, Inc. identifying Juniper Networks, Inc., a Delaware corporation as Corporate Parent. (McPhie, David) (Entered: October 26, 2007)
November 1, 2007 17 APPLICATION to Appear Pro Hac Vice by Attorney Konrad V Sherinian for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3177 (ch, ) (Entered: November 1, 2007)
November 1, 2007 18 APPLICATION to Appear Pro Hac Vice by Attorney Eugene M Cummings for GraphOn Corporation. (APPROVED)(FEE PAID) 2-1-3177 (ch, ) (Entered: November 1, 2007)
November 13, 2007 19 MOTION for Extension of Time to File Answer Unopposed Motion to Extend Deadline to Respond to Defendant Juniper Networks, Inc.'s Counterclaims by GraphOn Corporation. (DeRieux, Elizabeth) Additional attachment(s) added on 11/14/2007 (sm, ). (Entered: November 13, 2007)
November 16, 2007 20 ORDER granting 19 Motion for Extension of Time to Answer. Graphon Deadline is extended to 12/19/07 . Signed by Judge Charles Everingham on 11/16/07. (ch, ) (Entered: November 16, 2007)
December 18, 2007 21 MOTION to Dismiss (PLAINTIFFS MOTION TO DISMISS AND TO STRIKE JUNIPERS COUNTERCLAIM AND AFFIRMATIVE DEFENSE) by GraphOn Corporation. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 12/18/2007)
December 18, 2007 22 GraphOn Corporation's ANSWER to Counterclaim (PLAINTIFF'S ANSWER TO DEFENDANTS COUNTERCLAIM) by GraphOn Corporation.(DeRieux, Elizabeth) (Entered: December 18, 2007)
January 3, 2008 23 RESPONSE in Opposition re 21 MOTION to Dismiss (PLAINTIFFS MOTION TO DISMISS AND TO STRIKE JUNIPERS COUNTERCLAIM AND AFFIRMATIVE DEFENSE) filed by Juniper Networks, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19)(McPhie, David) (Entered: January 3, 2008)
January 9, 2008 24 MOTION for Extension of Time to File Response/Reply (Plaintiff's Unopposed Motion to Extend Time to Reply to Juniper Networks, Inc's Opposition to GraphOn Corporation's Motion to Dismiss and Strike) by GraphOn Corporation. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth) (Entered: 01/09/2008)
January 10, 2008 25 ORDER granting 24 Motion for Extension of Time to File Response/Reply to Juniper Networks, Inc's Opposition to GraphOn Corp Motion to Dismiss and Strike Responses due by 1/28/2008. Signed by Judge Charles Everingham on 1/10/08. (ch, ) (Entered: January 10, 2008)
January 28, 2008 26 REPLY to Response to Motion re 21 MOTION to Dismiss (PLAINTIFFS MOTION TO DISMISS AND TO STRIKE JUNIPERS COUNTERCLAIM AND AFFIRMATIVE DEFENSE) Plaintiff's Reply to Juniper's Opposition to GraphOn's Motion to Dismiss and to Strike Juniper's Counterclaim and Affirmative Defense for Inequitable Conduct filed by GraphOn Corporation. (DeRieux, Elizabeth) (Entered: January 28, 2008)
February 4, 2008 27 SUR-REPLY to Reply to Response to Motion re 21 MOTION to Dismiss (PLAINTIFFS MOTION TO DISMISS AND TO STRIKE JUNIPERS COUNTERCLAIM AND AFFIRMATIVE DEFENSE) filed by Juniper Networks, Inc.. (McPhie, David) (Entered: February 4, 2008)
April 3, 2008 28 ORDER - The purpose of the conference will be to assign a claim construction hearing date and a trial setting. The parties shallbe prepared to inform the Court whether they will consent to trial before the Magistrate Judge. Status Conference set for 5/1/2008 10:15 AM before Judge T. John Ward. Signed by Judge T. John Ward on 4/3/08. (ehs, ) (Entered: April 3, 2008)
April 3, 2008 29 MOTION to Amend/Correct Plaintiff's Motion for Leave to File First Amended Complaint by GraphOn Corporation. (Attachments: # 1 Declaration of Padma Choudry# 2 Exhibit 1# 3 Text of Proposed Order)(Choudry, Padma) (Entered: April 3, 2008)
April 9, 2008 30 NOTICE by GraphOn Corporation Notice of Change of Firm Name and Electronic Addresses (DeRieux, Elizabeth) (Entered: April 9, 2008)
April 11, 2008 31 ORDER - This case is set for a Status Conference on May 1, 2008. In keeping with the Court's recent practice, the Court intends to give the parties an opportunity, following the conference, to reach agreements on the Docket Control Order and Discovery Order without having to return for an additional conference with the Court. Accordingly, the Court orders that disclosures under P. R. 3-1 and P. R. 3-2 are due on Friday, May 16, 2008. Signed by Judge Charles Everingham on 4/11/08. (ehs, ) (Entered: April 11, 2008)
April 16, 2008 32 RESPONSE to Motion re 29 MOTION to Amend/Correct Plaintiff's Motion for Leave to File First Amended Complaint (JUNIPER'S NON-OPPOSITION TO MOTION) filed by Juniper Networks, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Kagan, Jonathan) (Entered: April 16, 2008)
April 28, 2008 33 REPLY to Response to Motion re 29 MOTION to Amend/Correct Plaintiff's Motion for Leave to File First Amended Complaint filed by GraphOn Corporation. (Attachments: # 1 Declaration of Joseph Vanek# 2 Declaration of Padma Choudry# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4)(Choudry, Padma) (Entered: April 28, 2008)
May 1, 2008 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 5/01/08. 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. Court adjourned. (Court Reporter Susan Simmons.) (shd, ) (Entered: May 2, 2008)
May 1, 2008 Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 5/1/08. 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. Court adjourned. (Court Reporter Susan Simmons.)(delat) (Entered: May 8, 2008)
May 2, 2008 34 CONSENT to Proceed Before US Magistrate Judge by GraphOn Corporation, Juniper Networks, Inc.. Case reassigned to Magistrate Judge Charles Everingham. (ehs, ) (Entered: May 2, 2008)
May 2, 2008 35 ORDER assigning case to Judge Everingham IV by consent of the parties for all further proceedings and entry of judgment. Signed by Judge T. John Ward on 5/2/08. (ehs, ) (Entered: 05/02/2008)
May 8, 2008 36 SUR-REPLY to Reply to Response to Motion re 29 MOTION to Amend/Correct Plaintiff's Motion for Leave to File First Amended Complaint filed by Juniper Networks, Inc.. (Attachments: # 1 Affidavit Kagan Declaration)(Kagan, Jonathan) (Entered: 05/08/2008)
May 14, 2008 37 MOTION for Extension of Time to File GraphOn's Unopposed Motion to Extend Time to Comply With P.R. 3-1 and 3-2 and to Extend Time for the Parties to File the Proposed Discovery and Scheduling Orders by GraphOn Corporation. (Attachments: # 1 Proposed Order)(Rounds, Michael) (Entered: May 14, 2008)
May 15, 2008 38 ORDER granting 37 Motion for Extension of Time to File. Ordered that GraphOn's disclosures under P.R. 3-1 and 3-2 are due on May 30, 2008 and that the parties' proposed discovery and scheduling orders are due on May 29,2008.. Signed by Judge Charles Everingham on 5/15/08. (ehs, ) (Entered: May 15, 2008)
May 29, 2008 39 Joint MOTION for Entry of Docket Control Order and Discovery Order by GraphOn Corporation. (Attachments: # 1 Exhibit A - Docket Control Order, # 2 Exhibit B - Discovery Order)(Rounds, Michael) (Entered: May 29, 2008)
May 30, 2008 40 DISCOVERY ORDER. Signed by Magistrate Judge Charles Everingham on 5/30/08. (ehs, ) (Entered: May 30, 2008)
May 30, 2008 41 NOTICE of Disclosure by GraphOn Corporation (Notice of Compliance with P.R. 3-1 and 3-2) (DeRieux, Elizabeth) (Entered: May 30, 2008)
May 30, 2008 42 DOCKET CONTROL ORDER - Amended Pleadings due by 5/15/2009. Discovery due by 10/2/2009. Joinder of Parties due by 1/31/2009. Markman Hearing set for 4/7/2010 09:00 AM before Magistrate Judge Charles Everingham. Motions due by 5/21/2010. Proposed Pretrial Order due by 5/21/2010. Jury Selection set for 7/6/2010 09:00AM before Magistrate Judge Charles Everingham. Pretrial Conference set for 6/29/2010 09:30 AM before Magistrate Judge Charles Everingham. Signed by Magistrate Judge Charles Everingham on 5/30/08. (ehs, ) (Entered: May 30, 2008)
June 20, 2008 43 Joint MOTION to Amend/Correct 42 Order,,, Set Deadlines/Hearings,, Joint Motion to Modify the Court's Docket Control Order and Discovery Order by GraphOn Corporation. (Attachments: # 1 Text of Proposed Order)(Choudry, Padma) (Entered: 06/20/2008)
June 23, 2008 44 ORDER granting 43 Motion to Amend/Correct Docket Control Order. Signed by Magistrate Judge Charles Everingham on 6/23/08. (ch, ) (Entered: June 23, 2008)
June 30, 2008 45 NOTICE of Disclosure by Juniper Networks, Inc. Notice of Defendant Juniper Networks (US), Inc.'s Initial Disclosures (Smith, Melissa) (Entered: June 30, 2008)
July 1, 2008 46 NOTICE of Disclosure by GraphOn Corporation (Plaintiff's Notice of Initial Disclosures) (DeRieux, Elizabeth) (Entered: July 1, 2008)
July 9, 2008 47 APPLICATION to Appear Pro Hac Vice by Attorney Matthew J Carden for Juniper Networks, Inc.. (FEE PAID) 2-1-3932 (ehs, ) (Entered: July 9, 2008)
July 10, 2008 48 APPLICATION to Appear Pro Hac Vice by Attorney Jonathan S Kagan for Juniper Networks, Inc.. (FEE PAID) 2-1-3940 (ehs, ) (Entered: July 10, 2008)
July 25, 2008 49 AMENDED COMPLAINT First Amended Complaint for Patent Infringement and Demand for Jury Trial against GraphOn Corporation, filed by GraphOn Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Choudry, Padma) (Entered: July 25, 2008)
August 11, 2008 50 ANSWER to 49 Amended Complaint, Amended COUNTERCLAIM against GraphOn Corporation by Juniper Networks, Inc..(McPhie, David) (Entered: August 11, 2008)
August 18, 2008 51 NOTICE of Disclosure by GraphOn Corporation (Notice of Compliance with P.R. 3-2) (DeRieux, Elizabeth) (Entered: August 18, 2008)
Docket Report Last Checked: August 19, 2008 14:16:56 PDT
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Plaintiff: GraphOn Corporation
Represented By: Sidney Calvin Capshaw, III
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Defendant: Juniper Networks, Inc.
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