Performance Pricing, Inc. v. Google Inc. et al

Plaintiff Performance Pricing, Inc. sued Google Inc., AOL LLC, Microsoft Corporation and Yahoo! Inc. for infringing U.S. Patent No. 6,978,253 entitled "Systems and Methods for Transacting Business Over a Global Communications Network such as the Internet."
Plaintiff:Performance Pricing, Inc.
Defendant:Google Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc., A9.com, Inc. and IAC Search & Media, Inc.
Counter Claimants:Yahoo! Inc., Microsoft Corporation, A9.com, Inc., AOL LLC, Google Inc. and IAC Search & Media, Inc.
Counter Defendant:Performance Pricing, Inc.
 
Case Number:2:2007cv00432
Filed:September 27, 2007
 
Court:Texas Eastern District Court
Office:Marshall Office [ Court Info ]
County:Anderson
Presiding Judge:Judge Leonard Davis
 
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
September 27, 20071ORIGINAL COMPLAINT WITH JURY DEMAND against Google Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc. (Filing fee $ 350.) , filed by Performance Pricing, Inc.. (Attachments: # 1 Exhibit A# 2 Civil Cover Sheet)(ch, )
September 27, 20072CORPORATE DISCLOSURE STATEMENT filed by Performance Pricing, Inc. identifying NONE as Corporate Parent. (ch, )
September 27, 20073Report 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, )
October 1, 20074NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of Performance Pricing, Inc. (Bunt, Robert)
October 1, 20075NOTICE of Attorney Appearance by Charles Ainsworth on behalf of Performance Pricing, Inc. (Ainsworth, Charles)
October 1, 20076E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. Google Inc. served on 9/28/2007, answer due 10/18/2007. (ehs, )
October 1, 20077E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. Microsoft Corporation served on 9/28/2007, answer due 10/18/2007. (ehs, )
October 1, 20078E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. AOL LLC served on 9/28/2007, answer due 10/18/2007. (ehs, )
October 9, 20079NOTICE of Attorney Appearance by Gregory Scott Dovel on behalf of Performance Pricing, Inc. (Dovel, Gregory)
October 9, 200710NOTICE of Attorney Appearance by Christin K Cho on behalf of Performance Pricing, Inc. (Cho, Christin)
October 10, 200711E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. Yahoo! Inc. served by Process Server on 9/28/2007, answer due 10/18/2007. (ch, )
October 12, 200712MOTION for Extension of Time to File Answer re 1 Complaint Unopposed Motion to Extend Time to Answer, Move or Otherwise Respond to the Complaint of Plaintiff by Microsoft Corporation. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric)
October 12, 200713STIPULATION re 1 Complaint Stipulation for Extension of Time for Google Inc. to Answer or Otherwise Respond by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)
October 16, 200714NOTICE of Attorney Appearance by Elizabeth L DeRieux on behalf of Performance Pricing, Inc. (DeRieux, Elizabeth)
October 16, 200715NOTICE of Attorney Appearance by Nancy Claire Abernathy on behalf of Performance Pricing, Inc. (Abernathy, Nancy)
October 16, 200716AMENDED COMPLAINT Amended Complaint for Patent Infringement against A9.com, Inc., IAC Search & Media, Inc., Google Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc., filed by Performance Pricing, Inc.. (Attachments: # 1 Exhibit A)(Abernathy, Nancy)
October 17, 200717Court Opinion or Order ORDER granting 12 Motion for Extension of Time to Answer. Microsoft deadline is extended to 11/19/07 . Signed by Judge Leonard Davis on 10/16/07. (ch, )
October 17, 200718Court Opinion or Order ORDER - granting 13 Stipulation of extension of time to answer. Google's deadline to answer is 11/19/07. Signed by Judge Leonard Davis on 10/16/07. (ch, )
October 19, 200719E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. IAC Search & Media, Inc. served Process Server on 10/18/2007, answer due 11/7/2007. (ch, )
October 22, 200720MOTION for Extension of Time to File Answer re 16 Amended Complaint, [Unopposed] by Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
October 22, 200721MOTION for Extension of Time to File Answer re 1 Complaint Agreed Motion for Extension of Time for AOL LLC to Answer or Otherwise Respond to Plaintiff's Original Complaint by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)
October 23, 200722Court Opinion or Order ORDER granting 21 Motion for Extension of Time to Answer. AOL, LLC deadline is extended to 11/16/07 . Signed by Judge Leonard Davis on 10/23/07. (ch, )
October 23, 200723Court Opinion or Order ORDER granting 20 Motion for Extension of Time to Answer. Yahoo!, Inc. deadline is extended to 11/21/07 . Signed by Judge Leonard Davis on 10/23/07. (ch, )
October 24, 200724APPLICATION to Appear Pro Hac Vice by Attorney Richard S J Hung for Yahoo! Inc. (APPROVED)(FEE PAID) 6-1-11513. (ch, )
October 24, 200725APPLICATION to Appear Pro Hac Vice by Attorney Michael A Jacobs for Yahoo! Inc. (APPROVED)(FEE PAID) 6-1-11513. (ch, )
October 31, 200726NOTICE of Attorney Appearance by Rachel Krevans on behalf of Yahoo! Inc. (Krevans, Rachel)
November 1, 200727E-GOV SEALED SUMMONS Returned Executed by Performance Pricing, Inc.. A9.com, Inc. served by Process Server on 10/18/2007, answer due 11/7/2007. (ch, )
November 7, 200728Joint MOTION for Extension of Time to File Answer to Complaint by Performance Pricing, Inc.. (Cho, Christin) Additional attachment(s)(attached proposed order) added on 11/8/2007 (ch, ). Modified on 11/8/2007 (ch, ).
November 8, 200729Court Opinion or Order ORDER granting 28 Motion for Extension of Time to Answer. A9.com, INc. deadline is extended to 12/7/07 . Signed by Judge Leonard Davis on 11/8/07. (ch, )
November 16, 200730MOTION for Extension of Time to File Answer Unopposed Motion to Extend Time to Answer, Move or Otherwise Respond to the Amended Complaint for Patent Infringement by Google Inc.. (Attachments: # 1 Text of Proposed Order Order)(Beck, David)
November 16, 200731MOTION for Extension of Time to File Answer re 1 Complaint Unopposed Motion for Extension of Time for AOL LLC to Answer or Otherwise Respond to Complaint by AOL LLC. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)
November 19, 200732MOTION for Extension of Time to File Answer Unopposed Motion to Extend Time to Answer, Move or Otherwise Respond to the Complaint of Plaintiff by Microsoft Corporation. (Attachments: # 1 Text of Proposed Order)(Findlay, Eric)
November 19, 200733Court Opinion or Order ORDER granting 30 Motion for Extension of Time to Answer. Deadline extended to 12/7/07 for deft Google to file answer. Signed by Judge Leonard Davis on 11/19/07. (ehs, )
November 19, 200734Court Opinion or Order ORDER granting 31 Motion for Extension of Time to Answer. Deadline extended for deft AOL to 12/7/07. Signed by Judge Leonard Davis on 11/19/07. (ehs, )
November 20, 200735Court Opinion or Order ORDER granting 32 Motion for Extension of Time to Answer. Microsoft's deadline to answer Amended Complaint is 12/7/07. Signed by Judge Leonard Davis on 11/20/07. (ch, )
November 20, 200736Answer Due Deadline Updated for Microsoft Corporation to 12/7/2007. (ch, )
November 21, 200737MOTION for Extension of Time to File Answer re 16 Amended Complaint, by Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
November 26, 200738Court Opinion or Order ORDER granting 37 Motion for Extension of Time to Answer. Yahoo! Inc. deadline is extended to 12/7/07. Signed by Judge Leonard Davis on 11/26/07. (ch, )
November 26, 200739Court Opinion or Order ORDER REFERRING CASE to Magistrate Judge John D. Love to conduct pre-trial proceedings in accordance with 28 USC 636. Signed by Judge Leonard Davis on 11/26/07. (ch, )
December 7, 200740ANSWER to Amended Complaint , Affirmative Defenses, and, COUNTERCLAIM against Performance Pricing, Inc. by Yahoo! Inc..(Jones, Michael)
December 7, 200741CORPORATE DISCLOSURE STATEMENT filed by Yahoo! Inc. identifying None as Corporate Parent. (Jones, Michael)
December 7, 200742APPLICATION to Appear Pro Hac Vice by Attorney Kristin L Cleveland for A9.com, Inc. (FEE PAID) 2-1-3305 (ehs, )
December 7, 200743APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey S Love for A9.com, Inc. (FEE PAID) 2-1-3306 (ehs, )
December 7, 200744ANSWER to Amended Complaint , Affirmative Defenses, and, COUNTERCLAIM against Performance Pricing, Inc. by Microsoft Corporation.(Findlay, Eric)
December 7, 200745CORPORATE DISCLOSURE STATEMENT filed by Microsoft Corporation identifying None as Corporate Parent. (Findlay, Eric)
December 7, 200746A9.com, Inc.'s ANSWER to Amended Complaint , Affirmative Defenses, COUNTERCLAIM against Performance Pricing, Inc. by A9.com, Inc..(Tindel, Andy)
December 7, 200747CORPORATE DISCLOSURE STATEMENT filed by A9.com, Inc. identifying Amazon.com, Inc. as Corporate Parent. (Tindel, Andy)
December 7, 200748ANSWER to Amended Complaint AOL LLC's Answer and Counterclaims to Performance Pricing, Inc.'s Amended Complaint for Patent Infringement, COUNTERCLAIM against Performance Pricing, Inc. by AOL LLC.(Gillam, Harry)
December 7, 200749CORPORATE DISCLOSURE STATEMENT filed by AOL LLC identifying None as Corporate Parent. (Gillam, Harry)
December 7, 200750ANSWER to Amended Complaint , Affirmative Defenses to Amended Complaint, and, COUNTERCLAIM against Performance Pricing, Inc. by Google Inc..(Beck, David)
December 7, 200751CORPORATE DISCLOSURE STATEMENT filed by Google Inc. identifying None as Corporate Parent. (Beck, David)
December 13, 200752APPLICATION to Appear Pro Hac Vice by Attorney Charles K Verhoeven for Google Inc. and AOL LLC. (APPROVED)(FEE PAID) 2-1-3316 (ch, )
December 13, 200753ANSWER to Amended Complaint and, COUNTERCLAIM against Performance Pricing, Inc. by IAC Search & Media, Inc..(Carroll, Otis)
December 14, 200754NOTICE of Attorney Appearance by Collin Michael Maloney on behalf of IAC Search & Media, Inc. (Maloney, Collin)
December 19, 200755APPLICATION to Appear Pro Hac Vice by Attorney David A Perlson for Google Inc. and AOL LLC. (APPROVED)(FEE PAID) 2-1-3328 (ch, )
December 19, 200756APPLICATION to Appear Pro Hac Vice by Attorney Antonio Sistos for Google Inc. and AOL LLC. (APPROVED)(FEE PAID) 2-1-3327 (ch, )
December 19, 200757APPLICATION to Appear Pro Hac Vice by Attorney Emily C O'Brien for Google Inc. and AOL LLC. (APPROVED)(FEE PAID) 2-1-3326 (ch, )
December 21, 200758Notice of Scheduling Conference, Proposed Discovery Order, and Proposed Dates for Docket Control Order Scheduling Conference set for 2/28/2008 01:30 PM before Magistrate Judge John D. Love.. Signed by Judge John D. Love on 12/21/07. (ch, )
December 26, 200759***FILED IN ERROR; PLEASE IGNORE*** ANSWER to Counterclaim of Yahoo! Inc. by Performance Pricing, Inc..(Cho, Christin) Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ). Modified on 1/2/2008 (mpv, ).
December 26, 200760***FILED IN ERROR; PLEASE IGNORE*** ANSWER to Counterclaim of Microsoft Corporation by Performance Pricing, Inc..(Cho, Christin) Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ). Modified on 1/2/2008 (mpv, ).
December 26, 200761***FILED IN ERROR; PLEASE IGNORE***ANSWER to Counterclaim of A9.com, Inc. by Performance Pricing, Inc..(Cho, Christin)Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ). Modified on 1/2/2008 (mpv, ).
December 26, 200762ANSWER to Counterclaim of AOL LLC by Performance Pricing, Inc..(Cho, Christin) Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ).
December 26, 200763ANSWER to Counterclaim of Google Inc. by Performance Pricing, Inc..(Cho, Christin) Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ).
December 26, 200764ANSWER to Counterclaim of IAC Search & Media, Inc. by Performance Pricing, Inc..(Cho, Christin) Certificate of Service added on 12/27/2007 (mpv, ). Modified on 12/27/2007 (mpv, ).
January 2, 200865***REPLACES #61*** ANSWER to Counterclaim of A9.com by Performance Pricing, Inc..(Cho, Christin) Modified on 1/3/2008 (mpv, ).
January 2, 200866***REPLACES #60***ANSWER to Counterclaim of Microsoft Corporation by Performance Pricing, Inc..(Cho, Christin) Modified on 1/3/2008 (mpv, ).
January 2, 200867***REPLACES #59***ANSWER to Counterclaim of Yahoo! Inc. by Performance Pricing, Inc..(Cho, Christin) Modified on 1/3/2008 (mpv, ).
December 26, 200768APPLICATION to Appear Pro Hac Vice by Attorney Jennifer A Kash for Google Inc. and AOL LLC. (APPROVED)(FEE PAID) 2-1-3347 (ch, )
January 22, 200869APPLICATION to Appear Pro Hac Vice by Attorney David T Pritikin for Microsoft Corporation. (APPROVED)(FEE PAID) 2-1-3421 (ch, )
January 22, 200870APPLICATION to Appear Pro Hac Vice by Attorney Richard A Cederoth for Microsoft Corporation. (APPROVED)(FEE PAID) 2-1-3421 (ch, )
January 22, 200871APPLICATION to Appear Pro Hac Vice by Attorney John W McBride for Microsoft Corporation. (APPROVED)(FEE PAID) 2-1-3421 (ch, )
January 22, 200872APPLICATION to Appear Pro Hac Vice by Attorney Laura L Kolb for Microsoft Corporation. (APPROVED)(FEE PAID) 2-1-3421 (ch, )
January 28, 200873NOTICE of Attorney Appearance by Michael Ernest Richardson on behalf of Google Inc. (Richardson, Michael)
February 6, 200874ELECTRONIC NOTICE OF CANCELLATION OF SCHEDULING CONFERENCE SET FEBRUARY 28, 2008 AT 1:30 P.M. BEFORE JUDGE JOHN D. LOVE. (srg, )
March 10, 200875Status Conference set for 4/7/2008 01:30 PM before Judge Leonard Davis and Magistrate Judge John D. Love in Tyler Courtroom.. Signed by Judge Leonard Davis on 3/7/08. (ch, )
March 11, 200876NOTICE of Attorney Appearance by Antonio Sistos on behalf of IAC Search & Media, Inc. (Sistos, Antonio)
March 11, 200877NOTICE of Attorney Appearance by Jennifer A Kash on behalf of IAC Search & Media, Inc. (Kash, Jennifer)
March 11, 200878NOTICE of Attorney Appearance by David A Perlson on behalf of IAC Search & Media, Inc. (Perlson, David)
March 11, 200879NOTICE of Attorney Appearance by Emily C O'Brien on behalf of IAC Search & Media, Inc. (O'Brien, Emily)
March 12, 200880NOTICE of Attorney Appearance by Charles K Verhoeven on behalf of IAC Search & Media, Inc. (Verhoeven, Charles)
March 13, 200881NOTICE of Attorney Appearance by Inge A Larish on behalf of A9.com, Inc. (Larish, Inge)
March 18, 200882MOTION to Withdraw as Attorney by AOL LLC. (Attachments: # 1 Text of Proposed Order)(Gillam, Harry)
March 19, 200883NOTICE of Attorney Appearance by David J Beck on behalf of AOL LLC (Beck, David)
March 19, 200884NOTICE of Attorney Appearance by Michael Ernest Richardson on behalf of AOL LLC (Richardson, Michael)
March 19, 200885Court Opinion or Order ORDER granting 82 Motion to Withdraw as Attorney. Attorney Harry Lee Gillam, Jr terminated. Signed by Judge John D. Love on 3/19/08. (ehs, )
March 24, 200886NOTICE of Designation of Attorney in Charge to Jeffrey S Love on behalf of A9.com, Inc. (Love, Jeffrey)
April 7, 200887Minute Entry for proceedings held before Judge Leonard Davis and Judge John Love : Status Conference held on 4/7/2008. (Court Reporter Shea Sloan.) (Attachments: # 1 Attorney Sign-In Sheet) (rlf, )
April 10, 200888Court Opinion or Order ORDER setting hearing deadlines. Parties to submit agreed Docket Control and Discovery Orders to the Court by 4/21/08. Final Pretrial Conference set for 3/18/2010 09:00 AM before Judge Leonard Davis. Jury Selection set for 4/6/2010 09:00AM before Judge Leonard Davis. Jury Trial set for 4/12/2019 09:00 AM before Judge Leonard Davis. Markman Hearing set for 6/18/2009 09:00 AM before Magistrate Judge John D. Love. Signed by Judge John D. Love on 4/10/08. (ehs, )
April 10, 200889NOTICE by Performance Pricing, Inc. Notice of Change of Firm Name and Electronic Addresses (DeRieux, Elizabeth)
April 16, 200890***FILED IN ERROR. SEE CORRECTED DOCUMENT # 91 *** Consent MOTION for Extension of Time to File Proposed Discovery and Docket Control Order by Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Bufe, John) Modified on 4/17/2008 (ch, ).
April 16, 200891Consent MOTION for Extension of Time to File Proposed Discovery and Docket Control Orders by Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Bufe, John)
April 17, 200892Court Opinion or Order ORDER granting 91 Motion for Extension of Time to File. Deadline for Plaintiff and Dft's to file their proposed Discovery Order and Docket Control Order shall be extended to and including 4/28/08. Signed by Judge John D. Love on 4/17/08. (ch, )
April 25, 200893Consent MOTION for Extension of Time to File Proposed Discovery and Docket Control Orders by Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
April 28, 200894Court Opinion or Order ORDER granting 93 Motion for Extension of Time to File proposed discovery and docket control orders. Deadline extended to 5/8/08. Signed by Judge John D. Love on 4/28/08. (ehs, )
May 8, 200895Joint MOTION For Entry of Proposed Discovery Order by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Discovery Order)(Cho, Christin)
May 9, 200896Court Opinion or Order DISCOVERY ORDER. Signed by Judge John D. Love on 5/9/08. (ch, )
May 12, 200897Joint MOTION for Entry of Proposed Docket Control Order by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Docket Control Order)(Cho, Christin)
May 13, 200898Joint MOTION for Entry of Proposed Docket Control Order by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin)
May 14, 200899Court Opinion or Order AGREED DOCKET CONTROL ORDER -Amended Pleadings due by 10/23/2009. Discovery due by 10/16/2009. Expert Witness List due by 8/17/2009. Markman Hearing set for 6/18/2009 09:00 AM before Judge John D. Love. Motions due by 2/25/2010. Proposed Pretrial Order due by 1/12/2010. Jury Selection set for 4/6/2010 09:00AM before Judge Leonard Davis. Jury Trial set for 4/12/2010 09:00 AM before Judge Leonard Davis. Signed by Judge John D. Love on 5/14/08. (ehs, ) Modified on 9/30/2008 to correct Judge for Markman Hrg on 6/18/2009(rlf, ).
May 15, 2008100NOTICE by Performance Pricing, Inc. of P.R. 3-1 and P.R. 3-2 Disclosures (Cho, Christin)
May 16, 2008101NOTICE by Performance Pricing, Inc., Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc. of Agreed Proposed Mediator (Jones, Michael)
May 19, 2008102Court Opinion or Order ORDER REFERRING CASE to Mediator. Edward A Infante added as Mediator. Mediation deadline 1/30/2009 (1st Round) 12/18/2009 (2nd Round). Signed by Judge Magistrate Judge John D. Love on 5/19/08. (ch, )
June 5, 2008103Consent MOTION (Agreed Motion for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions Regarding Defendants Microsoft Corporation and IAC Search & Media, Inc.) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - Plaintiff's First Amended Disclosure of Asserted Claims and Infringement Contentions under P.R. 3-1, # 3 Appendix to Exhibit A)(Abernathy, Nancy)
June 6, 2008104Court Opinion or Order ORDER granting 103 Motion for leave to amend pltf's disclosure of asserted claim and infringement contentions. Signed by Magistrate Judge John D. Love on 6/6/08. (ehs, )
June 6, 2008105Consent MOTION (Agreed Amended Motion for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions Regarding Defendants Microsoft Corporation and IAC Search & Media, Inc. and Motion for Extension for Defendants to Comply with Patent Rules 3-3 and 3-4) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - First Amended Disclosure of Asserted Claims and Infringement Contentions under P.R. 3-1, # 3 Appendix A to Exhibit A)(Abernathy, Nancy)
June 9, 2008106Court Opinion or Order ORDER granting 105 Agreed Amended Motion for Leave to Amend Plaintiffs Disclosure of Asserted Claims and Infringement Contentions. Plaintiffs may serve its First Amended Disclosure of Asserted Claims and Infringement Contentions. Dfts are hereby granted an extension fo 7/30/08 to comply with Patent Rules 3-3 and 3-4. Signed by Magistrate Judge John D. Love on 6/9/08. (ch, )
June 10, 2008107NOTICE by Performance Pricing, Inc. (Plaintiff's Notice of First Amended Disclosure of Asserted Claims and Infringement Contentions under P.R. 3-1) (Abernathy, Nancy)
June 13, 2008108Joint MOTION for Extension of Time to File Joint Motion to Extend Deadlines for Filing Protective Order and Serving Initial Disclosures by Google Inc.. (Attachments: # 1 Text of Proposed Order Order)(Beck, David)
June 16, 2008109Court Opinion or Order ORDER granting 108 Motion for Extension of deadlines. Deadlines for filing Protective Order and initial disclosures is reset for 6/27/08. Signed by Magistrate Judge John D. Love on 6/16/08. (ehs, )
June 16, 2008110APPLICATION to Appear Pro Hac Vice by Attorney Robert Leo Burns, II for AOL LLC. (FEE PAID) 2-1-3872 (ehs, )
June 27, 2008111Joint MOTION for Extension of Time to File a Joint, Proposed Protective Order or Competeing Versions Thereof by Performance Pricing, Inc., Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
June 27, 2008112NOTICE of Disclosure by Performance Pricing, Inc. of Service of Initial Disclosures (Ainsworth, Charles)
June 27, 2008113NOTICE of Disclosure by Microsoft Corporation pursuant to Discovery Order (Kolb, Laura)
June 27, 2008114NOTICE of Disclosure by A9.com, Inc. (Love, Jeffrey)
June 30, 2008115Court Opinion or Order ORDER granting 111 Joint Motion for Extension of Time to File a Joint, Proposed Protective Order or Competing Versions thereof. Deadline is extended to 7/8/08. Signed by Magistrate Judge John D. Love on 6/30/08. (ch, )
June 30, 2008116NOTICE of Disclosure by Yahoo! Inc. (Jones, Michael)
June 30, 2008117NOTICE by IAC Search & Media, Inc. of Service of Initial Disclosures (Maloney, Collin)
July 1, 2008118NOTICE by Google Inc. Notice of Compliance with Disclosure Requirements (Beck, David)
July 1, 2008119NOTICE by AOL LLC Notice of Compliance with Disclosure Requirements (Beck, David)
July 8, 2008120Joint MOTION for Protective Order by Performance Pricing, Inc., Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Attachment A to Agreed Protective Order)(Jones, Michael)
July 10, 2008121MOTION to Withdraw as Attorney Inge A. Larish by A9.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Love, Jeffrey)
July 10, 2008122APPLICATION to Appear Pro Hac Vice by Attorney Robert T Cruzen for A9.com, Inc.. (FEE PAID) 2-1-3938 (ehs, )
July 14, 2008123Court Opinion or Order AGREED PROTECTIVE ORDER. Signed by Magistrate Judge John D. Love on 7/13/08. (ch, )
July 14, 2008124Court Opinion or Order ORDER granting 121 Motion to Withdraw as Attorney. Attorney Inge A Larish terminated as counsel for Dft A9.com, Inc.. Signed by Magistrate Judge John D. Love on 7/13/08. (ch, )
July 17, 2008125TRANSCRIPT of Status Conferences held on 4/7/08 before Judges Leonard Davis and John Love. Court Reporter: Shea Sloan, shea_sloan@txed.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/7/2008. Redacted Transcript Deadline set for 8/18/2008. Release of Transcript Restriction set for 10/15/2008. 13 pages. See 87 (sms, )
July 28, 2008126Joint MOTION for Extension of Time to Complete Discovery Regarding PR 3-3 and 3-4, Unopposed by Google Inc., A9.com, Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
July 29, 2008127Court Opinion or Order ORDER granting 126 Motion for Extension of Time to Complete Discovery. Deadline extended to 8/6/08. Signed by Magistrate Judge John D. Love on 7/29/08. (ehs, )
August 8, 2008128NOTICE by Google Inc. Notice of Compliance with Patent Rules 3-3 and 3-4 (Beck, David)
August 8, 2008129NOTICE of Disclosure by Yahoo! Inc. Regarding PR 3-3 and 3-4 (Jones, Michael)
August 8, 2008130NOTICE of Disclosure by A9.com, Inc. Supplemental Initial Disclosure (Love, Jeffrey)
August 8, 2008131NOTICE by A9.com, Inc. of Compliance with Patent Rules 3-3 and 3-4 (Love, Jeffrey)
August 8, 2008132NOTICE by AOL LLC AOL LLC's Notice of Compliance with Patent Rules 3-3 and 3-4 (Beck, David)
August 8, 2008133NOTICE of Disclosure by Microsoft Corporation of Compliance with Patent Rules 3-3 and 3-4 (McBride, John)
August 14, 2008134NOTICE by IAC Search & Media, Inc. Of Compliance With Patent Rules 3-3 and 3-4 (Maloney, Collin)
September 8, 2008135APPLICATION to Appear Pro Hac Vice by Attorney Katherine H Bennett for AOL LLC, Google Inc., IAC Search & Media, Inc. (FEE PAID) 2-1-4066 (ehs, )
October 23, 2008136NOTICE by AOL LLC Notice of Compliance with Disclosure Requirements (Beck, David)
October 23, 2008137NOTICE by Google Inc. Notice of Compliance with Disclosure Requirements (Beck, David)
October 23, 2008138NOTICE of Disclosure by A9.com, Inc. Notice of Compliance with Disclosure Requirements (Cruzen, Robert)
October 23, 2008139NOTICE of Disclosure by Microsoft Corporation (Kolb, Laura)
October 23, 2008140NOTICE of Disclosure by Performance Pricing, Inc. (Cho, Christin)
October 23, 2008141NOTICE of Disclosure by Yahoo! Inc. regarding Paragraph 2(c) (Jones, Michael)
October 24, 2008142NOTICE of Disclosure by IAC Search & Media, Inc. (Additional Disclosures pursuant to Discovery Order) (Maloney, Collin)
October 29, 2008143Unopposed MOTION to Amend/Correct Invalidity Contentions by Microsoft Corporation. (Attachments: # 1 Text of Proposed Order)(Kolb, Laura)
October 30, 2008144Court Opinion or Order ORDER granting 143 Motion to Amend/Correct Dft's Invalidity Contentions. Signed by Magistrate Judge John D. Love on 10/30/08. (ch, )
October 30, 2008145Joint MOTION for Extension of Time to Complete Discovery To Extend Deadline For Exchange Of Proposed Terms And Claim Elements For Construction Under Patent Rule 4-1 by A9.com, Inc.. (Attachments: # 1 Text of Proposed Order)(Love, Jeffrey)
October 31, 2008146Court Opinion or Order ORDER granting 145 Motion for Extension of Time to Complete Discovery. Deadline extended to 11/3/08. Signed by Magistrate Judge John D. Love on 10/31/08. (ch, )
October 31, 2008147NOTICE of Disclosure by Microsoft Corporation of Defendants' First Amended Invalidity Contentions (Kolb, Laura)
November 3, 2008148NOTICE by Performance Pricing, Inc. Of Proposed Terms and Claim Elements for Construction Pursuant to P.R. 4-1 (Cho, Christin) Modified on 11/4/2008 (sm, ).
November 17, 2008149MOTION to Dismiss (Stipulated Motion For Dismissal With Prejudice As To A9.com) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order of Dismissal with Prejudice as to A9.com)(Cho, Christin)
November 21, 2008150Court Opinion or Order ORDER granting 149 Motion to Dismiss. All claims between Plaintiff and Dft A9.com Inc. are hereby dismissed with prejudice. All attorney fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 11/21/08. (ch, )
December 3, 2008151APPLICATION to Appear Pro Hac Vice by Attorney Joshua Sohn for Google Inc., IAC Search & Media, Inc. and AOL LLC. (APPROVED)(FEE PAID) 6-1-16089 (ch, )
December 4, 2008152Joint MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Deadlines for Exchange of Preliminary Claim Constructions and Extrinsic Evidence by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
December 5, 2008153Court Opinion or Order ORDER granting 152 Motion for Extension of Time for Exchange of Preliminary Claim Constructions and Extrinsic Evidence. New deadline for serving preliminary claim constructions and identification of extrinsic evidence is 12/12/08. Signed by Magistrate Judge John D. Love on 12/5/08. (ch, )
December 11, 2008154Joint MOTION for Extension of Time to Complete Discovery Regarding PR 4-2, Deadline for Exchange of Preliminary Claim Constructions and Extrinsic Evidence by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
December 12, 2008155Court Opinion or Order ORDER granting 154 Motion for Extension of Time to Complete Discovery. Deadline for serving preliminary claim constructions and identification of extrinsic evidence is 12/23/08. Signed by Magistrate Judge John D. Love on 12/12/08. (ehs, )
December 16, 2008156Joint MOTION to Extend the Mediation Deadline by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
December 17, 2008157Court Opinion or Order ORDER granting 156 Joint Motion to Extend Deadline for First Round of Mediation. New deadline for the first round of mediation is 5/15/09. Signed by Magistrate Judge John D. Love on 12/17/08. (ch, )
January 12, 2009158APPLICATION to Appear Pro Hac Vice by Attorney David Taylor Rudolph for AOL LLC. (APPROVED FEE PAID) 2-1-4383 (ch, )
January 20, 2009159NOTICE by Microsoft Corporation Notice of Change of Contact Information (Findlay, Eric)
January 26, 2009160Joint MOTION to Amend/Correct 99 Order,,, Set Deadlines/Hearings,, by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
January 27, 2009161Court Opinion or Order ORDER granting 160 Motion to Amend docket control order regarding the PR 4-3 deadlines. Deadline extended to 2/10/09 to file Joint Claim Constructionand Pre-hearing statement. Signed by Magistrate Judge John D. Love on 1/27/09. (ehs, )
January 30, 2009162Joint MOTION for Extension of Deadline to Provide Proposed Technical Advisors by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
February 2, 2009163Court Opinion or Order ORDER granting 162 Motion for extension of deadlines to provide proposed Technical Advisors. Deadline extended to 2/13/09. Signed by Magistrate Judge John D. Love on 2/2/09. (ehs, )
February 10, 2009164Joint MOTION for Extension of Time to File PR 4-3 Joint Claim Construction Chart and Prehearing Statement by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)
February 11, 2009165Court Opinion or Order ORDER granting 164 Motion for Extension of Time to File. The new deadline for the parties to file their P.R. 4-3 Joint Claim Construction and Pre-hearing Statement is February 12, 2009.. Signed by Magistrate Judge John D. Love on 2/11/09. (ehs, )
February 12, 2009166NOTICE by Performance Pricing, Inc. Parties' Compliance with Patent Rule 4-3 (Cho, Christin)
February 13, 2009167Joint MOTION Extension of Deadlin to Provide Proposed Technical Advisors re 163 Order on Motion for Miscellaneous Relief (Second) by Performance Pricing, Inc., Google Inc., IAC Search & Media, Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc.. (Attachments: # 1 Text of Proposed Order)(Bufe, John)
February 17, 2009168Court Opinion or Order ORDER granting 167 Motion extension of time to provide proposed Technical Advisors. Deadline extended to 1/17/09. Signed by Magistrate Judge John D. Love on 2/17/09. (ehs, )
February 27, 2009169Joint MOTION for Extension of Time to File Technical Advisors by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin) (Additional attachment(s) added on 3/3/2009: # 2 Revised Order) (sm, ).
March 2, 2009170MOTION to Dismiss with Prejudice as to IAC Search & Media, Inc. by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin)
March 3, 2009171Court Opinion or Order ORDER granting 169 Motion for Extension of Time to File proposed Technical Advisors. Deadline extended to 3/13/09. Signed by Magistrate Judge John D. Love on 3/3/09. (ehs, )
March 3, 2009172MOTION for Extension of Time to File JointMotion for Extension of Deadline to Provide Technical Tutorials by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
March 4, 2009173Court Opinion or Order ORDER granting 172 Motion for Extension of Time to Provide Technical Tutorials. deadline for the parties to provide technical tutorials is extended until and through March 26,2009. Signed by Magistrate Judge John D. Love on 3/4/09. (ch, )
March 4, 2009174Court Opinion or Order ORDER granting 170 Motion to Dismiss. All claims and counterclaims asserted by plaintiff Performance Pricing, Inc. in this suit between plaintiff Performance Pricing, Inc. and defendant IAC Search & Media, Inc., are hereby dismissed with prejudice, and that all counterclaims asserted by defendant IAC Search & Media, Inc. in this suit are hereby dismissedwithout prejudice, subject to the terms of that certain agreement entitled RELEASE AGREEMENT, dated February 12, 2009.It is further ORDERED that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 3/4/09. (ch, )
March 6, 2009175APPLICATION to Appear Pro Hac Vice by Attorney Jamie Lisagor for Google Inc. and AOL LLC. (APPROVED FEE PAID) 2-1-4553 (ch, )
March 13, 2009176NOTICE by Performance Pricing, Inc., Google Inc., AOL LLC, Microsoft Corporation, Yahoo! Inc. Joint Notice Regarding a Proposed Technical Advisor (Jones, Michael)
March 16, 2009177Unopposed MOTION to Withdraw as Attorney Unopposed Motion for Withdrawal of Counsel (Katherine H. Bennett) by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
March 17, 2009178Court Opinion or Order ORDER granting 177 Motion to Withdraw as Attorney. Attorney Katherine H Bennett terminated as counsel for Google Inc. and AOL LLC. Signed by Magistrate Judge John D. Love on 3/17/09. (ch, )
March 20, 2009179MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google by Performance Pricing, Inc.. (Attachments: # 1 Declaration of Cho, # 2 Text of Proposed Order)(Cho, Christin)
March 24, 2009180Joint MOTION for Extension of Time to File Joint Motion for Extension of Deadline to Submit Technology Tutorials by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
March 25, 2009181Court Opinion or Order ORDER granting 180 Motion for Extension of Time to File technical tutorials to the Court. Deadline extended to 4/2/09. Signed by Magistrate Judge John D. Love on 3/25/09. (ehs, )
April 1, 2009182RESPONSE in Opposition re 179 MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google filed by Google Inc.. (Attachments: # 1 Exhibit 1)(Perlson, David)
April 1, 2009183AFFIDAVIT in Opposition re 179 MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google Declaration of Emily O'Brien in Support of Defendant Google Inc.'s Opposition to Plaintiff's Motion to Compel 30(b)(6) Testimony and Interrogatory Responses filed by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Errata J, # 11 Exhibit K)(O'Brien, Emily)
April 2, 2009184Agreed MOTION for Extension of Time to File Technology Tutorials to the Court) by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Abernathy, Nancy) Modified on 4/3/2009 (sm, ).
April 3, 2009185Court Opinion or Order ORDER granting 184 Motion for Extension of Time to submit Technology Tutorials to the Court. Deadline extended to 4/3/09. Signed by Magistrate Judge John D. Love on 4/3/09. (ehs, )
April 10, 2009186REPLY to Response to Motion re 179 MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google filed by Performance Pricing, Inc.. (Cho, Christin)
April 15, 2009187CLAIM CONSTRUCTION BRIEF filed by Performance Pricing, 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)(Cho, Christin)
April 20, 2009188SUR-REPLY to Reply to Response to Motion re 179 MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google filed by Google Inc.. (Perlson, David)
April 20, 2009189AFFIDAVIT in Opposition re 179 MOTION to Compel 30(b)(6) Testimony and Interrogatory Responses from Google Declaration of Emily C. O'Brien in Support of Defendant Google Inc.'s Sur-Reply in Opposition to Plaintiff's Motion to Compel 30(b)(6) Testimony and Interrogatory Responses filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(O'Brien, Emily)
May 7, 2009190NOTICE of Attorney Appearance by Daymon Jeffrey Rambin on behalf of Performance Pricing, Inc.(a Texas Corporation) (Rambin, Daymon)
May 15, 2009191Joint MOTION for Extension of Time to File Joint Motion to Extend Deadline for First Round of Mediation by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(O'Brien, Emily)
May 15, 2009192DEFENDANTS' JOINT RESPONSE BRIEF ON CLAIM CONSTRUCTION filed by Google Inc., AOL LLC, Microsoft Corp., and Yahoo! Inc. (Attachments: # 1 Declaration of Antonio Sistos ISO Defendants' Joint Response Brief on Claim Construction, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Sistos, Antonio)
May 18, 2009193Court Opinion or Order ORDER granting 191 Motion for Extension of Time for First Round of Mediation. ORDERED that the new deadline for the first round of mediation is 7/31/09. Signed by Magistrate Judge John D. Love on 5/18/09. (ch, )
May 27, 2009194Court Opinion or Order ORDER granting 179 Motion to Compel. Courts ruling set forth herein. Signed by Magistrate Judge John D. Love on 5/27/09. (ehs, )
June 5, 2009195NOTICE by AOL LLC, Google Inc. re 192 Claim Construction Brief, Notice of Submission of Copies of Unpublished Cases Cited in Defendants' Joint Response Brief on Claim Construction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Beck, David)
June 5, 2009196Agreed MOTION to Extend Certain Deadlines and Page Limits re 192 Claim Construction Brief, by Performance Pricing, Inc.(a Texas Corporation). (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)
June 8, 2009197MOTION to Dismiss with Prejudice as to Yahoo!, Inc. by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order of Dismissal With Prejudice as to Yahoo!, Inc.)(Cho, Christin)
June 8, 2009198PLAINTIFF'S REPLY CLAIM CONSTRUCTION BRIEF filed by Performance Pricing, Inc.. (Cho, Christin)
June 9, 2009199Court Opinion or Order ORDER granting 196 Agreed Motion for Extension of Certain Deadlines and Page Limits. ORDERED that Plaintiff Performance Pricing, Inc. may file its Reply Claim Construction Brief on or before June 8, 2009 and may have an additional eight (8) pages in which to file their Reply Claim Construction Brief for a total of eighteen (18) pages. It is further ORDERED that Defendants may file a Sur-Reply Claim Construction Briefon or before June 12, such brief not to exceed 10 pages. Signed by Magistrate Judge John D. Love on 6/8/09. (ch, )
June 9, 2009200NOTICE by Performance Pricing, Inc. Notice of Estimate of Time Needed for Markman Hearing (Cho, Christin)
June 10, 2009201Court Opinion or Order ORDER granting 197 Motion to Dismiss. All claims and counterclaims asserted by plaintiff Performance Pricing, Inc. in this suit between plaintiff Performance Pricing, Inc. and defendant Yahoo! Inc., are hereby dismissed with prejudice, and that all counterclaims asserted by defendant Yahoo! Inc. in this suit are hereby dismissed without prejudice. It is further ORDERED that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 6/10/09. (ch, )
June 10, 2009202Joint MOTION for Extension of Time to File Joint Motion to Extend Deadline for First Round of Mediation by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Extend Deadline for First Round of Mediation)(O'Brien, Emily)
June 11, 2009203APPLICATION to Appear Pro Hac Vice by Attorney Bryan K Anderson for Microsoft Corporation. (APPROVED, FEE PAID 2-1-4745) (ehs, )
June 11, 2009204Joint MOTION for Extension of Time to File Joint Motion to Extend Deadline for Patent Rule 4-5(d) Filing by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Joint Motion to Extend Deadline for Patent Rule 4-5(d) Filing)(O'Brien, Emily)
June 12, 2009205Court Opinion or Order ORDER granting 202 Motion for Extension of Time. Deadline for the first round of mediation is August 13, 2009. Signed by Magistrate Judge John D. Love on 6/12/09. (ehs, )
June 12, 2009206Court Opinion or Order ORDER granting 204 Motion for Extension of Time to comply with Patent Rule 4-5(d) Deadline reset to June 12, 2009. Signed by Magistrate Judge John D. Love on 6/22/09. (ehs, )
June 12, 2009207DEFENDANTS' JOINT SUR-REPLY BRIEF ON CLAIM CONSTRUCTION filed by Google Inc., AOL LLC, Microsoft Corporation. (Perlson, David)
June 17, 2009208NOTICE of Attorney Appearance by Roger Brian Craft on behalf of Microsoft Corporation (Craft, Roger)
June 18, 2009209Minute Entry for proceedings held before Magistrate Judge John D. Love: Markman Hearing held on 6/18/2009. (Court Reporter Shea Sloan.) (mjm, )
June 19, 2009210Joint MOTION to extend deadlines for expert disclosures, discovery and dispositive motions by Performance Pricing, Inc., Google Inc., AOL LLC, Microsoft Corporation. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadlines for Expert Disclosures, Discovery and Dispositive Motions)(O'Brien, Emily) Modified on 6/22/2009 (ljw, ).
June 22, 2009211NOTICE by Performance Pricing, Inc. (Notice of Filing of P.R. 4-5(d) Joint Claim Construction Chart) (Attachments: # 1 Exhibit A)(DeRieux, Elizabeth)
June 22, 2009212Court Opinion or Order ORDER granting 210 Motion for Extension of Time to Complete Discovery. Deadlines are set forth herein. Signed by Magistrate Judge John D. Love on 6/22/09. (ch, )
June 29, 2009213MOTION to Dismiss with Prejudice Microsoft Corporation by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order of Dismissal with Prejudice as to Microsoft Corporation)(Cho, Christin)
July 1, 2009214Court Opinion or Order ORDER granting 213 Motion to Dismiss. All claims asserted by plaintiff Performance Pricing, Inc. against defendant Microsoft in this suit are hereby dismissed with prejudice, and that all counterclaims asserted by defendant Microsoft against plaintiff Performance Pricing, Inc. in this suit are hereby dismissed without prejudice. It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 7/1/09. (ch, )
July 13, 2009216Unopposed MOTION to Withdraw as Attorney N. Claire Abernathy by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)
July 14, 2009217Court Opinion or Order ORDER granting 216 Motion to Withdraw as Attorney. Attorney Nancy Claire Abernathy terminated as counsel for Performance Pricing Inc. Signed by Magistrate Judge John D. Love on 7/14/09. (ehs, )
July 15, 2009218Court Opinion or Order ORDER setting forth the Court's initial constructions for the disputed claim term as set forth herein. Signed by Magistrate Judge John D. Love on 7/15/09. (ehs, )
July 16, 2009219Unopposed MOTION for Extension of Time to File Further Limited Claim Construction Briefing by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin)
July 17, 2009220Court Opinion or Order ORDER granting 219 Motion for Extension of Time to File. New deadline for Plaintiff to submit the further limited claim construction briefing under section 4 (pp. 4-5) of the Court's July 15, 2009 Order is Wednesday, 7/22/09 and the new deadline for Defendants to submit its response is Tuesday, 7/28/09. Signed by Magistrate Judge John D. Love on 7/17/09. (ch, )
July 22, 2009221NOTICE of Attorney Appearance by Richard E Lyon on behalf of Performance Pricing, Inc. (Lyon, Richard)
July 22, 2009222SUPPLEMENTAL CLAIM CONSTRUCTION BRIEF filed by Performance Pricing, Inc. (Cho, Christin)
July 23, 2009223Unopposed MOTION for Leave to File Extend Deadline for Responding to Plaintiff's Motion to Compel Documents Regarding Google's Calculations of Actual Cost Per Click and Quality Score by Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
July 24, 2009224Court Opinion or Order ORDER granting 223 Motion for Leave to File to file a response to Plaintiff's Motion to Compel Documents Regarding Google's Calculation of Actual Cost Per Click and Quality Score Deadline is extended to and including July 30, 2009.. Signed by Magistrate Judge John D. Love on 7/24/09. (ehs, )
July 28, 2009225Unopposed MOTION for Extension of Time to File Supplemental Response Brief on Claim Construction by Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order Proposed Order)(Sistos, Antonio)
July 29, 2009226Court Opinion or Order ORDER granting 225 Motion for Extension of Time to File Supplemental Response Brief on Claim Construction. Deadline is extended to 7/30/09. Signed by Magistrate Judge John D. Love on 7/29/09. (ch, )
July 30, 2009227DEFENDANTS' JOINT SUPPLEMENTAL RESPONSE BRIEF ON CLAIM CONSTRUCTION filed by Google Inc., AOL LLC. (Perlson, David)
August 13, 2009231Court Opinion or Order MEMORANDUM OPINION AND ORDER - For all the foregoing reasons, the Court construes the disputed claim language in this casein the manner set forth herein. For the ease of reference, the Courts claim interpretations are setforth in a table attached to this opinion as Appendix A. Signed by Magistrate Judge John D. Love on 8/13/09. (ch, )
August 28, 2009235 PLEASE IGNORE, FILED IN ERROR BY ATTORNEY, CLERK HAS ATTACHED THIS ORDER TO DOCUMENT 228 Additional Attachments to Main Document: 228 Sealed Response to Motion (Beck, David) Modified on 8/28/2009 (ljw, ).
August 31, 2009236Court Opinion or Order MEMORANDUM OPINION and ORDER granting in part and denying in part motion # 215 to compel documents. Google is ORDERED to make these documents available by September 11, 2009. Defendant Google is further ORDERED to re-produce a witness by September 25, 2009 for a limited Rule 30(b)(6) deposition, as outlined above. Prior to both dates, the parties are ORDERED to meet and confer regarding these issues and are strongly encouraged, going forward, to work together to resolve any remaining discovery disputes. Signed by Magistrate Judge John D. Love on 8/31/09. (ehs, )
September 15, 2009238Court Opinion or Order MEMORANDUM OPINION and ORDER -# 230 Plaintiffs Motion to Amend Infringement Contentions is GRANTED. Signed by Magistrate Judge John D. Love on 9/15/09. (ehs, )
September 23, 2009239Court Opinion or Order ORDER - Telephonic hearing is set for 10/1/09 @ 10:30 am. It is ORDERED that prior to the telephonic hearing, the Motion to Compel and all other relevant documents originally filed with the Central District of California are re-filed in the Eastern District of Texas. The parties will have until Friday, 9/25/09 at 4:00pm CSTto complete these filings with the Court (see order for further details). Signed by Magistrate Judge John D. Love on 9/23/09. (ch, ) Modified on 9/23/2009 (ch, ).
September 24, 2009241MOTION to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP by AOL LLC, Google Inc.. (Attachments: # 1 Joint Stipulation Regarding Defendant Google Inc. and AOL LLC's Motion to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP, # 2 Declaration of Emily C. O'Brien in Support of Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Declaration of Christin Cho in Opposition to Motion to Compel, # 20 Errata 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Proposed Order Granting Defendant Google Inc. and AOL LLC's Motion to Compel)(O'Brien, Emily) Modified on 9/25/2009 (sm, ). Modified on 9/25/2009 (sm, ).
October 19, 2009243Court Opinion or Order ORDER denying 241 Motion to Compel Production of Documents by Third Parties. Signed by Magistrate Judge John D. Love on 10/19/09. (ch, )
November 5, 2009244Unopposed MOTION for Extension of Time to File Defendants' Unopposed Motion to Extend Deadlines for Daubert Motions and Responses by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
November 6, 2009245Court Opinion or Order ORDER granting 244 Motion for Extension of Time to File. Deadline for Dft to file their Daubert motions is extended to 11/24/09 and the deadline for plaintiff to file its Daubert responses is extended to 12/22/09. Signed by Magistrate Judge John D. Love on 11/6/09. (ch, )
November 6, 2009246MOTION to Amend/Correct Defendants Unopposed Motion to Amend Order Granting Defendants' Motion to Extend Deadlines for Daubert Motions and Responses by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
November 9, 2009247Court Opinion or Order ORDER granting 246 Motion to Amend and Extend Deadlines. The deadline for parties to file their Daubert motions is extended to 11-24-2009 and the deadline for parties to file Daubert responses is extended to 12-22-2009. Signed by Magistrate Judge John D. Love on 11/09/09. cc:attys 11-09-09 (mll, )
November 11, 2009248First MOTION to Compel the Deposition of Michelle Lee by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Affidavit Cho Declaration)(Cho, Christin)
November 17, 2009249Unopposed MOTION for Extension of Time to File Motions for Summary Judgment by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin)
November 18, 2009250Court Opinion or Order ORDER granting 249 Motion for Extension of Time to File motions for summary judgment. Deadline extended to 11/23/09. Signed by Magistrate Judge John D. Love on 11/18/09. (ehs, )
November 18, 2009251MOTION for Summary Judgment of Invalidity under 35 U.S.C. 101 by Google Inc., AOL LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Lisagor, Jamie)
November 23, 2009257MOTION for Summary Judgment of patentability under 35 U.S.C. section 101 by Performance Pricing, Inc.. (Lyon, Richard) (Additional attachment(s) added on 11/24/2009: # 1 Text of Proposed Order) (sm, ).
November 24, 2009259Unopposed MOTION for Extension of Time to File Defendants' Unopposed Motion to Extend Certain Deadlines by Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Defendants' Motion to Extend Certain Deadlines)(O'Brien, Emily)
November 25, 2009260Court Opinion or Order ORDER granting 259 Motion for Extension of Time to File certain deadlines. Opposition to Motion to Compel Deposition of Michelle Lee is extended until December 7, 2009; Daubert motion deadline is extended until January 8, 2010; and Daubert response deadline is extended until January 22, 2010. Signed by Magistrate Judge John D. Love on 11/25/09. (ehs, )
December 3, 2009261NOTICE of Attorney Appearance by Michael E Jones on behalf of Google Inc., AOL LLC (Jones, Michael)
December 4, 2009262Unopposed MOTION to Amend/Correct 254 SEALED MOTION for Summary Judgment of Invalidity under 35 U.S.C. 102 and 103 by Google Inc., AOL LLC. (Attachments: # 1 Tab 1, # 2 Tab 2, # 3 Text of Proposed Order)(Lisagor, Jamie)
December 7, 2009263Court Opinion or Order ORDER granting 262 Motion to Supplement Summary Judgment. ORDERED that Defendants Motion for Summary Judgment of Invalidity Under 35 U.S.C. §§ 102 and 103 (Doc. No. 254) shall be supplemented to include the corrected Exhibit C. Signed by Magistrate Judge John D. Love on 12/7/09. (ch, )
December 11, 2009265Agreed MOTION to Amend/Correct Mediation Order by Performance Pricing, Inc., Google Inc., AOL LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Agreed Motion to Amend Mediation Order, # 2 Text of Proposed Order Alternative Proposed Order Granting Agreed Motion to Amend Mediation Order)(O'Brien, Emily)
December 11, 2009266MOTION for Extension of Time to File re: summary judgment motion briefing schedule, joint pretrial order, joint proposed jury instructions, form of the verdict, proposed finding of fact and conclusions of law, notice of request for daily transcript or real time reporting of the court by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Lyon, Richard)
December 14, 2009267Court Opinion or Order ORDER granting 266 Motion for Extension of Time to File deadlinesRegarding Defendants Motions for Summary Judgment, filed November 18, 2009, Plaintiffs Oppositions shall be due December 21, 2009, and Defendants Replies shall be due January 11, 2010. Regarding Plaintiffs Motions for Summary Judgment, filed November 23, 2009, Defendants Oppositions shall be due December 28, 2009, and Plaintiffs Replies shall be due January 18, 2010. The Joint Pretrial Order, Joint Proposed Jury Instructions, Form of the Verdict, Proposed Finding of Fact and Conclusions of Law, and the Notice of Request for Daily Transcript or Real Time Reporting of the Court shall be due on January 22, 2010. Signed by Magistrate Judge John D. Love on 12/14/09. (ehs, )
December 14, 2009268Court Opinion or Order ORDER granting 265 Motion to Amend Mediation Order. The Court will extend the deadline until March 18, 2010. Signed by Magistrate Judge John D. Love on 12/14/09. (ehs, )
December 14, 2009269MOTION for Extension of Time to File Plaintiff's Reply to Motion to Compel the Deposition of Michelle Lee by Performance Pricing, Inc.. (Attachments: # 1 Text of Proposed Order)(Cho, Christin)
December 15, 2009270Unopposed MOTION to Withdraw as Attorney Unopposed Motion to Allow David J. Beck and Michael E. Richardson to Withdraw as Counsel of Record for Defendants Google Inc. and AOL LLC by AOL LLC, Google Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)
December 15, 2009271Court Opinion or Order ORDER granting 269 Motion for Extension of Time to File Reply to Motion to Compel Deposition of Michelle Lee. Signed by Magistrate Judge John D. Love on 12/15/09. (ehs, )
December 16, 2009272Court Opinion or Order ORDER granting 270 Motion to Withdraw as Attorney. Attorney David J Beck and Michael Ernest Richardson terminated as counsel for Defendants Google Inc. and AOL LLC. Signed by Magistrate Judge John D. Love on 12/16/09. (ehs, )
December 16, 2009273NOTICE by AOL LLC, Google Inc. Request for Termination of Electronic Notices (Beck, David)
December 17, 2009274REPLY to Response to Motion re 248 First MOTION to Compel the Deposition of Michelle Lee filed by Performance Pricing, Inc.. (Cho, Christin)
Search for this case: Performance Pricing, Inc. v. Google Inc. et al
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Plaintiff: Performance Pricing, Inc.
Represented By: Gregory Scott Dovel, Elizabeth L DeRieux, Christin K Cho, Sidney Calvin Capshaw, III, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Elizabeth L DeRieux, Gregory Scott Dovel, Christin K Cho, Nancy Claire Abernathy, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Elizabeth L DeRieux, Gregory Scott Dovel, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Christin K Cho, Christin K Cho, Elizabeth L DeRieux, Nancy Claire Abernathy, Charles Ainsworth, Gregory Scott Dovel, Charles Ainsworth, Sidney Calvin Capshaw, III, Robert Christopher Bunt, Nancy Claire Abernathy, Gregory Scott Dovel, Elizabeth L DeRieux, Sidney Calvin Capshaw, III, Nancy Claire Abernathy, Sidney Calvin Capshaw, III, Christin K Cho, Elizabeth L DeRieux, Christin K Cho, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Christin K Cho, Elizabeth L DeRieux, Gregory Scott Dovel, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Gregory Scott Dovel
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Defendant: Google Inc.
Represented By: David J Beck, Michael Ernest Richardson, David A Perlson, Michael Ernest Richardson, Antonio Sistos, Charles K Verhoeven, Emily C O'Brien, David J Beck, Jennifer A Kash
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Defendant: AOL LLC
Represented By: Harry Lee Gillam, Jr, Emily C O'Brien, David A Perlson, Antonio Sistos, Charles K Verhoeven, Harry Lee Gillam, Jr, Jennifer A Kash
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Defendant: Microsoft Corporation
Represented By: Eric Hugh Findlay, Richard A Cederoth, Eric Hugh Findlay, Laura L Kolb, John W McBride, David T Pritikin
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Defendant: Yahoo! Inc.
Represented By: Rachel Krevans, Richard S J Hung, Michael A Jacobs, Rachel Krevans, Richard S J Hung, Michael A Jacobs, Michael Edwin Jones, Michael Edwin Jones
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Defendant: A9.com, Inc.
Represented By: Kristin L Cleveland, Jeffrey S Love, Andy Tindel, Andy Tindel, Jeffrey S Love, Kristin L Cleveland
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Defendant: IAC Search & Media, Inc.
Represented By: Otis W Carroll, Jr, Collin Michael Maloney, Otis W Carroll, Jr
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Counter Claimant: Yahoo! Inc.
Represented By: Rachel Krevans, Richard S J Hung, Michael A Jacobs, Rachel Krevans, Richard S J Hung, Michael A Jacobs, Michael Edwin Jones, Michael Edwin Jones
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Counter Claimant: Microsoft Corporation
Represented By: Eric Hugh Findlay, Richard A Cederoth, Eric Hugh Findlay, Laura L Kolb, John W McBride, David T Pritikin
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Counter Claimant: A9.com, Inc.
Represented By: Kristin L Cleveland, Jeffrey S Love, Andy Tindel, Andy Tindel, Jeffrey S Love, Kristin L Cleveland
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Counter Claimant: AOL LLC
Represented By: Harry Lee Gillam, Jr, Emily C O'Brien, David A Perlson, Antonio Sistos, Charles K Verhoeven, Harry Lee Gillam, Jr, Jennifer A Kash
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Counter Claimant: Google Inc.
Represented By: David J Beck, Michael Ernest Richardson, David A Perlson, Michael Ernest Richardson, Antonio Sistos, Charles K Verhoeven, Emily C O'Brien, David J Beck, Jennifer A Kash
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Counter Defendant: Performance Pricing, Inc.
Represented By: Gregory Scott Dovel, Elizabeth L DeRieux, Christin K Cho, Sidney Calvin Capshaw, III, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Elizabeth L DeRieux, Gregory Scott Dovel, Christin K Cho, Nancy Claire Abernathy, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Elizabeth L DeRieux, Gregory Scott Dovel, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Christin K Cho, Christin K Cho, Elizabeth L DeRieux, Nancy Claire Abernathy, Charles Ainsworth, Gregory Scott Dovel, Charles Ainsworth, Sidney Calvin Capshaw, III, Robert Christopher Bunt, Nancy Claire Abernathy, Gregory Scott Dovel, Elizabeth L DeRieux, Sidney Calvin Capshaw, III, Nancy Claire Abernathy, Sidney Calvin Capshaw, III, Christin K Cho, Elizabeth L DeRieux, Christin K Cho, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Charles Ainsworth, Robert Christopher Bunt, Sidney Calvin Capshaw, III, Christin K Cho, Elizabeth L DeRieux, Gregory Scott Dovel, Robert Christopher Bunt, Charles Ainsworth, Nancy Claire Abernathy, Gregory Scott Dovel
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Counter Claimant: IAC Search & Media, Inc.
Represented By: Otis W Carroll, Jr, Collin Michael Maloney, Otis W Carroll, Jr
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