HYPERPHRASE TECHNOLOGIES, LLC v. GOOGLE INC.

Plaintiffs HyperPhrase Technologies LLC and HyperPhrase Inc. alleged that Defendant Google Inc. infringed on U.S. Patent No. 6,434,567 entitled "Method for Specifying Enterprise-wide Database Address Formats," No. 6,507,837 entitled "Tiered and Content Based Database Searching," No. 6,516,321 entitled "Method for Database Address Specification," and No. 5,903,889 entitled "System and Method for Translating, Collecting and Archiving Patient Records for Automated Data Storage and Retrieval."
Plaintiffs:HYPERPHRASE TECHNOLOGIES, LLC and HYPERPHRASE INC.
Defendants:GOOGLE INC.
 
Case Number:3:2006cv00199
Filed:April 12, 2006
 
Court:Wisconsin Western District Court
Office:Madison Office [ Court Info ]
County:Dane
Presiding Judge:Chief Judge Barbara B Crabb
Presiding Judge:Judge John C Shabaz
Referring Judge:Magistrate Judge Stephen L Crocker
 
Nature of Suit:Intellectual Property - Patent
Cause:No cause code entered
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$0.00

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
April 13, 20062COMPLAINT
June 6, 20069PTC ORDER
September 7, 200615Court Opinion or Order ORDER DENYING PLTFS. MOTION TO DISMISS AND STRIKE INEQUITABLE CONDUCT COUNTERCLAIM AND DEFENSE.
December 21, 200664Court Opinion or Order ORDER GRANTING DEFT. MOTION FOR S/J; DENYING AS MOOT ALL PENDING MOTIONS CONCERNING VALIDITY; ENTERING JUDGMENT.
February 15, 200780Court Opinion or Order ORDER DENYING DEFT. MOTION TO FIND CASE EXCEPTIONAL AND AWARD FEES PURSUANT TO 35 USC 285.
April 25, 200790Court Opinion or Order ORDER AFFIRMING TAXATION OF COSTS IN AMT. OF $35,011.02; STAYING ENFORCEMENT W/O BOND UNTIL 30 DAYS FROM APPEAL MANDATE.
January 4, 200892Set/Reset Deadlines/Hearings as to 91 MOTION to Reschedule FPTC and TRIAL DATES. Telephone Motion Hearing set for 1/23/2008 at 08:45 AM. Counsel for Plaintiffs responsible for setting up the call. (llj)
January 22, 200894BRIEF in Reply in Support re: 91 MOTION to Reschedule FPTC and TRIAL DATES filed by HYPERPHRASE TECHNOLOGIES, LLC, HYPERPHRASE INC. (Grimmer, Kim)
January 23, 200895Court Opinion or Order ORDER granting 91 Motion to Reschedule. Final Pretrial Conference set for 4/14/2008 at 01:15 PM. Final Pretrial Submissions due 4/7/2008 Jury Selection and Trial set for 5/12/2008 at 09:00 AM. Activity by 3/13/2008 Signed by Judge John C Shabaz on 1/23/2008. (llj)
February 8, 200896NOTICE by Defendant GOOGLE INC. re: status of Mandate from the Federal Circuit Court of Appeals. Petition for rehearing denied 2/7/08; mandate to issue within 7 days thereafter. (Friedman, James) Modified docket text on 2/12/2008 (Jensen, Lori).
February 12, 200897NOTICE of Appearance by James Donald Peterson for Defendant GOOGLE INC. (Peterson, James)
February 27, 200898MOTION to Amend/Correct Answer and Counterclaims and Memorandum in Support by Defendant GOOGLE INC. Motions referred to Magistrate Judge Stephen L Crocker. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 - Google Inc.'s First Amended Answer and Counterclaims # 5 Exhibit 5 - Redline showing substantive changes) (Peterson, James)
February 29, 200899STIPULATION for Protective Order by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Defendant GOOGLE INC.. (Peterson, James)
February 29, 2008100MOTION for Summary Judgment by Defendant GOOGLE INC. Brief in Opposition due by 3/20/2008, Brief in Reply due by 3/31/2008. (Peterson, James)
February 29, 2008101BRIEF in Support by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Of No Willfulness Regarding U.S. Patent Nos. 5,903,889 and 6,516,321 (Attachments: # 1 Exhibit A - Lucent Techs, Inc. v. Gateway, Inc.# 2 Exhibit B - Franklin Elec. Co., Inc. v. Dover Corp.) (Peterson, James)
February 29, 2008102Proposed Findings of Fact and Conclusions of Law by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Peterson, James)
February 29, 2008103BRIEF in Support by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Memorandum In Support of Google's Motion for Summary Judgment of Noninfringement of U.S. Patent Nos. 5,903,889 and 6,516,321 (Peterson, James)
February 29, 2008104BRIEF in Support by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Memorandum In Support of Google's Motion for Summary Judgment of Invalidity Regarding U.S. Patent Nos. 5,903,899 and 6,516,321 (Peterson, James)
February 29, 2008105Second AFFIDAVIT of W. Bruce Croft, PH.D. filed by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Attachments: # 1 Exhibit Table of Contents for Exhibits Attached to the Second Declaration of W. Bruce Croft, PH.D. and Exhibits) (Peterson, James)
February 29, 2008106AFFIDAVIT of Jason W. Wolff filed by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Attachments: # 1 Exhibit Table of Contents; Part 1 Exhibits A - C# 2 Exhibit Part 2, Exhibits D and E# 3 Exhibit Part 3, Exhibit F-G# 4 Exhibit Part 4, Exhibits H-N) (Peterson, James)
February 29, 2008107Exhibit to 106 Affidavit, filed by GOOGLE INC., 99 Stipulation filed by HYPERPHRASE TECHNOLOGIES, LLC, HYPERPHRASE INC., GOOGLE INC., 100 Motion for Summary Judgment filed by GOOGLE INC. Exhibit I to the Declaration of Jason W. Wolff Dk#106 (Sealed Document). (Peterson, James)
February 29, 2008108CERTIFICATE OF SERVICE by Defendant GOOGLE INC. re 104 Brief in Support, 106 Affidavit, 107 Exhibit, 105 Affidavit, 102 Proposed Findings of Fact and Conclusions of Law, 101 Brief in Support, 103 Brief in Support, 100 MOTION for Summary Judgment (Peterson, James)
February 29, 2008109JUDGMENT from Federal Circuit; affirmed in part, vacated in part and remanded as to 78 Notice of Appeal, 66 Notice of Appeal. ( (mmo)
March 4, 2008110BRIEF in Opposition by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 98 MOTION to Amend/Correct its Answer and Counterclaims and Memorandum in Support filed by GOOGLE INC. (Sealed Document) (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B (sealed)# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Stipulated Protective Order) (Amundsen, Jennifer)
March 7, 2008112NOTICE of Appearance by Jennifer L Amundsen for Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC (Amundsen, Jennifer)
March 11, 2008113Set Pretrial or Status Conference: Counsel for Plaintiffs responsible for setting up the call.Status Conference set for 3/19/2008 at 09:00 AM before Magistrate Judge Crocker. (llj)
March 11, 2008114BRIEF in Reply in Support re: 98 MOTION to Amend/Correct its Answer and Counterclaims and Memorandum in Support filed by GOOGLE INC. (Attachments: # 1 Exhibit Table of Contents and Exhibits 6-9 [Exhibit 10 filed under seal]) (Peterson, James)
March 11, 2008115Exhibit to 114 Brief in Reply, filed by GOOGLE INC. Exhibit 10 (Sealed Document). (Peterson, James)
March 18, 2008116Set/Reset Pretrial or Status Conference: Status Conference set for 3/20/2008 at 08:30 AM. Counsel for plaintiff responsible for setting up the call. (cak)
March 21, 2008117Court Opinion or Order AMENDED SCHEDULING ORDER - Motions in Limine due by 2/20/2009, Response to Motions due by 2/27/2009. Final Pretrial Conference set for 3/5/2009 at 4:00 PM. Final Pretrial Submissions due 2/26/2009. Jury Selection and Trial set for 3/16/2009 at 9:00 AM. Activity by 1/15/2009. Signed by Magistrate Judge Stephen L Crocker on 3/21/2008. (arw)
March 25, 2008118Court Opinion or Order ORDER granting 98 Motion to Amend counterclaims. Signed by Judge Barbara B Crabb on 3/25/08. (elc)
March 26, 2008119NOTICE of Appearance by Jason William Wolff for Defendant GOOGLE INC. (Wolff, Jason)
March 26, 2008120Amended ANSWER to Complaint with Jury Demand, COUNTERCLAIM against all plaintiffs by Defendant GOOGLE INC., Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC. (Wolff, Jason)
March 28, 2008121NOTICE of Appearance by Hannah L. Renfro for Defendant GOOGLE INC. (Renfro, Hannah)
April 1, 2008122MOTION to Amend Briefing Schedule Motion for a New Schedule for Summary Judgment on Google's License Defense by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC. Motions referred to Magistrate Judge Stephen L Crocker.Response due by 4/8/2008. (Attachments: # 1 Exhibit A) (Niro, Raymond)
April 7, 2008123BRIEF in Opposition by Defendant GOOGLE INC. re: 122 MOTION to Amend Briefing Schedule Motion for a New Schedule for Summary Judgment on Google's License Defense filed by HYPERPHRASE TECHNOLOGIES, LLC, HYPERPHRASE INC. (Wolff, Jason)
April 11, 2008125AFFIDAVIT of Raymond P. Niro filed by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC Response re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Sealed Document) (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 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R) (Niro, Raymond)
April 11, 2008126BRIEF in Opposition by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment of No Willfulness re: '889 and '321 patents filed by GOOGLE INC. (Niro, Raymond) Modified docket text on 4/14/2008 (Jacobson, Kris).
April 11, 2008127BRIEF in Opposition by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment of Noninfringement of the '889 and '321 patents filed by GOOGLE INC. (Sealed Document) (Niro, Raymond) Modified docket text on 4/14/2008 (Jacobson, Kris).
April 11, 2008128BRIEF in Opposition by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment of Invalidity re: '889 and '321 patents filed by GOOGLE INC. (Sealed Document) (Niro, Raymond) Modified docket text on 4/14/2008 (Jacobson, Kris).
April 11, 2008129AFFIDAVIT of Paul Thompson filed by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Sealed Document) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Niro, Raymond)
April 11, 2008130AFFIDAVIT of Carlos de la Huerga filed by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Niro, Raymond)
April 11, 2008131Response to Proposed Findings of Fact and Conclusions of Law by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Sealed Document) (Niro, Raymond)
April 11, 2008132Proposed Findings of Fact and Conclusions of Law by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Sealed Document) (Niro, Raymond)
April 15, 2008133Unopposed MOTION to Amend Briefing Schedule by Defendant GOOGLE INC. Motion referred to Magistrate Judge Stephen L Crocker. Response due by 4/22/2008. (Attachments: # 1 Correspondence from counsel stating agreement with proposed amended briefing schedule) (Wolff, Jason) Modified docket text on 4/16/2008 (Wiseman, Andrew).
May 19, 2008135BRIEF in Reply in Support re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Regarding No Willfulness (Wolff, Jason)
May 19, 2008136BRIEF in Reply in Support re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Regarding Noninfringement (Attachments: # 1 Exhibit 1, Summary of Claim Construction and Infringement Theories # 2 Exhibit 2, Terminology Used By the Parties to Refer to AutoLink) (Wolff, Jason)
May 19, 2008137Reply to Proposed Findings of Fact by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. (Wolff, Jason)
May 19, 2008138Response to Proposed Findings of Fact and Conclusions of Law by Defendant GOOGLE INC. re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Regarding HyperPhrase PFOF, Docket No. 132 (Wolff, Jason)
May 19, 2008139BRIEF in Reply in Support re: 100 MOTION for Summary Judgment filed by GOOGLE INC. Regarding Invalidity (Attachments: # 1 Exhibit 1, '321 Patent and Gennaro Patent) (Wolff, Jason)
September 30, 2008141Court Opinion or Order ORDER granting in part and denying in part as moot 100 MOTION for Summary Judgment by Defendant GOOGLE, INC. Plaintiffs Hyperphrase Technologies, LLC and Hyperphrase, Inc.'s complaint is DISMISSED with prejudice. Signed by Judge Barbara B Crabb on 9/30/2008. (arw)
October 1, 2008142JUDGMENT in favor of GOOGLE INC. against HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC dismissing complaint with prejudice. ( JWT) (llj)
October 15, 2008143Bill of Costs by Defendant GOOGLE INC. Motions referred to Joel W Turner, Acting Clerk. Objection to Bill of Costs due by 10/27/2008. Brief in Support to Bill of Costs due by 11/6/2008. Brief in Reply in Opposition to Bill of Costs due by 11/12/2008. (Attachments: # 1 Bill of Costs) (Wolff, Jason)
October 23, 2008144NOTICE of Appeal to Federal Circuit by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC (Niro, Raymond) Modified on 1/16/2009. (mmo).
December 5, 2008145Court Opinion or Order ORDER on Bill of Costs: Costs taxed in favor of Defendant in the amount of $36,491.10. Signed by Clerk of Court Peter A Oppeneer on 12/5/2008. (arw)
January 6, 2009146STIPULATION of Dismissal of Claims. (Peterson, James)
January 8, 2009147Court Opinion or Order ORDER granting 146 STIPULATION of Dismissal. Signed by Chief Judge Barbara B Crabb on 1/7/2009. (arw)
January 9, 2009148AMENDED JUDGMENT dismissing plaintiffs Hyperphrase Technologies, LLC and Hyperphrase, Inc.'s claims with prejudice, and dismissing defendant Google, Inc.'s claims, defenses and counterclaims without prejudice. Signed by Clerk of Court Peter Oppeneer on 1/9/2009. (PAO) (arw)
January 16, 2009149NOTICE OF APPEAL - FEDERAL CIRCUIT by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 148 JUDGMENT, 141 ORDER on Motion for Summary Judgment. (Niro, Raymond)
January 23, 2009150MOTION for Attorney Fees - Google's Motion to Find This Case Exceptional Pursuant to 35 U.S.C. § 285 and to Award Post-Remand Attorneys' Fees and Expenses by Defendant GOOGLE INC.. (Peterson, James)
January 23, 2009151BRIEF in Support by Defendant GOOGLE INC. re: 150 MOTION for Attorney Fees - Google's Motion to Find This Case Exceptional Pursuant to 35 U.S.C. § 285 and to Award Post-Remand Attorneys' Fees and Expenses filed by GOOGLE INC. (Attachments: # 1 Exhibit 1 Hyperphrase's Reply Brief) (Peterson, James)
February 13, 2009152BRIEF in Opposition by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC, Counter Defendants HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC re: 150 MOTION for Attorney Fees - Google's Motion to Find This Case Exceptional Pursuant to 35 U.S.C. § 285 and to Award Post-Remand Attorneys' Fees and Expenses filed by GOOGLE INC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Niro, Raymond)
February 23, 2009153BRIEF in Reply in Support re: 150 MOTION for Attorney Fees - Google's Motion to Find This Case Exceptional Pursuant to 35 U.S.C. § 285 and to Award Post-Remand Attorneys' Fees and Expenses filed by GOOGLE INC. (Wolff, Jason)
March 13, 2009154Court Opinion or Order ORDER from Federal Circuit dismissing appeal for failure to prosecute in accordance with the rules as to 144 149 Notice of Appeal filed by HYPERPHRASE TECHNOLOGIES, LLC, HYPERPHRASE INC. No record to be returned. (elc)
May 13, 2009155Court Opinion or Order ORDER denying 150 Motion for a finding that this case is exceptional and warrants an award of attorney fees. Signed by Chief Judge Barbara B. Crabb on 5/12/09. (rep) Modified text on 9/17/2009 (llj/t).
September 15, 2009156MOTION to Compel Discovery Responses by Defendant GOOGLE INC.. Motions referred to Magistrate Judge Stephen L. Crocker.Response due by 9/22/2009. (Attachments: # 1 MPA ISO Motion to Compel Discovery Responses, # 2 Exhibit A - 2009-07-28 Google 3rd Set of Rogs Nos 10-16, 5 pp., # 3 Exhibit B - 2009-07-28 Google 2nd Set of RFP No 81, 5 pp., # 4 Exhibit C - 2009-09-02 Ltr to Niro fr Wolff re responses to addl discovery, 4 pp., # 5 Exhibit D - US v Thurner ED Wis 2007, 3 pp., # 6 Exhibit E - Rubin v Iran ND Ill 2008, 19 pp., # 7 Text of Proposed Order) (Wolff, Jason) Emailed attorney to file the brief in support separately, 9/16/2009 (jef).
September 16, 2009157BRIEF in Support by Defendant GOOGLE INC. re: 156 MOTION to Compel Discovery Responses filed by GOOGLE INC. (Attachments: # 1 Exhibit A - 2009-07-28 Google 3rd Set of Interrog. Nos 10-16, # 2 Exhibit B - 2009-07-28 Google 2nd Set of RFP No 81, # 3 Exhibit C - 2009-09-02 Ltr to Niro fr Wolff re responses to addl discovery, # 4 Exhibit D - US v Thurner ED Wis 2007, # 5 Exhibit E - Rubin v Iran ND Ill 2008) (Wolff, Jason)
September 18, 2009158MOTION to Withdraw as Attorney and to Terminate Representation of Plaintiffs by Plaintiffs HYPERPHRASE INC., HYPERPHRASE TECHNOLOGIES, LLC.Response due by 9/25/2009. (Amundsen, Jennifer)
September 21, 2009160Objection to Motion by Defendant GOOGLE INC. re: 158 MOTION to Withdraw as Attorney and to Terminate Representation of Plaintiffs filed by HYPERPHRASE TECHNOLOGIES, LLC, HYPERPHRASE INC. (Attachments: # 1 Exhibit 1 - 2009-07-14 Ltr to Niro fr Wolff re enforcing judgment, # 2 Exhibit 2 - Contact Info for Park Towne) (Wolff, Jason)
September 24, 2009161Court Opinion or Order ORDER on 158 Motion to Withdraw as Attorney. Deft. given the opportunity to respond by 9/28/2009. If needed, plaintiff's Brief in Reply due by 10/5/2009. Signed by Chief Judge Barbara B. Crabb on 9/24/09. (rep)
October 5, 2009162Court Opinion or Order ORDER granting 158 Motion to Withdraw as Attorney. Attorneys Raymond P. Niro, Jennifer L Amundsen, and Kim Grimmer terminated Signed by Chief Judge Barbara B. Crabb on 10/5/09. (rep)
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Plaintiff: HYPERPHRASE TECHNOLOGIES, LLC
Represented By: Raymond P. Niro, Kim Grimmer
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Plaintiff: HYPERPHRASE INC.
Represented By: Raymond P. Niro, Kim Grimmer
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Defendant: GOOGLE INC.
Represented By: FRANK E. SCHERKENBACH, James Donald Peterson, James Alan Friedman
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