Sound View Innovations, LLC v. Hulu, LLC

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1 Current on Bloomberg Law as of Nov. 02, :54:36 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:17-cv JAK-PLA Sound View Innovations, LLC v. Hulu, LLC Date Filed: Nature of suit: 830 Patent Assigned to: Judge John A. Kronstadt Cause: 35:271 Patent Infringement Jurisdiction: Federal Question Jury demand: Plaintiff Referred to: Magistrate Judge Paul L. Abrams Related cases: 2:17-cv JAK-PLA Parties and Attorneys Plaintiff Representation Sound View Innovations, LLC Marc A Fenster Russ August and Kabat Wilshire Boulevard 12th Floor Los Angeles, CA (310) Fax: (310) mafenster@raklaw.com Ameet A Modi amodi@desmaraisllp.com Alan S Kellman akellman@desmaraisllp.com Benjamin T Wang Russ August and Kabat Wilshire Boulevard 12th Floor Los Angeles, CA (310) Fax: (310) bwang@raklaw.com C Austin Ginnings aginnings@desmaraisllp.com Kent N Shum Russ August and Kabat Wilshire Boulevard 12th Floor Los Angeles, CA (310) Fax: (310) kshum@raklaw.com Richard M Cowell // PAGE 1

2 Defendant Representation Hulu, LLC Brett J Williamson Newport Beach, CA (949) bwilliamson@omm.com John C Kappos Newport Beach, CA (949) jkappos@omm.com Erin Greenfield Mehta Hulu LLC 2500 Broadway Santa Monica, CA (424) Fax: (310) erin.mehta@hulu.com Bo Kyoung Moon Newport Beach, CA (949) bmoon@omm.com Cameron W Westin Newport Beach, CA (949) cwestin@omm.com Docket Entries Numbers shown are court assigned numbers. Entry # Filing Date Description 1 COMPLAINT Receipt No: Fee: $400, filed by plaintiff Sound View Innovations, LLC. (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 Part 1, # 9 Exhibit H Part 2) (Attorney Benjamin T Wang added to party Sound View Innovations, LLC(pty:pla))(Wang, Benjamin) (Entered: 06/02/2017) 2 3 CIVIL COVER SHEET filed by Plaintiff Sound View Innovations, LLC. (Wang, Benjamin) (Entered: 06/02/2017) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Sound View Innovations, LLC // PAGE 2

3 identifying Sound View Innovation Holdings, LLC as Corporate Parent. (Wang, Benjamin) (Entered: 06/02/2017) June 6, 2017 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Sound View Innovations, LLC. (Attachments: # 1 Supplement to Patent Report AO 120)(Wang, Benjamin) (Entered: 06/02/2017) NOTICE of Interested Parties filed by plaintiff Sound View Innovations, LLC, identifying Sound View Innovation Holdings, LLC; Monarch Investments, LLC; Patent Capital LLC; and John M. Desmarais. (Wang, Benjamin) (Entered: 06/02/2017) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by plaintiff Sound View Innovations, LLC. (Wang, Benjamin) (Entered: 06/02/2017) NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: # 1 CV-11C) (car) (Entered: 06/05/2017) APPLICATION of Non-Resident Attorney Ameet A. Modi to Appear Pro Hac Vice on behalf of Plaintiff Sound View Innovations, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No ) filed by Plaintiff Sound View Innovations, LLC. (Attachment s: # 1 Proposed Order) (Wang, Benjamin) (Entered: 06/05/2017) NOTICE OF APPLICATION DUE for Non-Resident Attorney Alan S Kellman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 06/05/2017) NOTICE OF APPLICATION DUE for Non-Resident Attorney C Austin Ginnings. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 06/05/2017) NOTICE OF APPLICATION DUE for Non-Resident Attorney Richard C Cowell. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) (Entered: 06/05/2017) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant Hulu, LLC. (car) (Entered: 06/05/2017) APPLICATION of Non-Resident Attorney C. Austin Ginnings to Appear Pro Hac Vice on behalf of Plaintiff Sound View Innovations, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No ) filed by plaintiff Sound View Innovations, LLC. (Attac hments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 06/05/2017) APPLICATION of Non-Resident Attorney Richard M. Cowell to Appear Pro Hac Vice on behalf of Plaintiff Sound View Innovations, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No ) filed by plaintiff Sound View Innovations, LLC. (Attach ments: # 1 Proposed Order) (Wang, Benjamin) (Entered: 06/05/2017) APPLICATION of Non-Resident Attorney Alan S. Kellman to Appear Pro Hac Vice on behalf of // PAGE 3

4 June 9, 2017 June 9, 2017 June 9, 2017 June 12, 2017 June 12, 2017 June 12, 2017 June 13, 2017 June 13, 2017 June 13, 2017 June 15, 2017 June 16, 2017 June 19, 2017 June 29, 2017 June 30, 2017 Plaintiff Sound View Innovations, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No ) filed by plaintiff Sound View Innovations, LLC. (Attachme nts: # 1 Proposed Order) (Wang, Benjamin) (Entered: 06/06/2017) ORDER ON APPLICATION OF NON=RESIDENT ATTORNEY TO APPEAR by Magistrate Judge Michael R. Wilner. Attorney C. Austin Ginnings to Appear Pro Hac Vice on behalf of Plainiff Sound Innovations, LLC, designating Benjamin T. Wang as local counsel. granting 13 Non-Resident (vm) (Entered: 06/09/2017) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR by Magistrate Judge Michael R. Wilner. Attorney Richard M. Cowell to Appear Pro Hac Vice on behalf of Plaintiff Sound VIew Innovations, LLC, designating Benjamin T. Wang as local counsel. granting 14 Non-Resident (vm) (Entered: 06/09/2017) ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR by Magistrate Judge Michael R. Wilner. Attorney Alan S. Kellman to Appear Pro Hac Vice on behalf of Plaintiff Sound VIew Innovations, LLC, designating Benjamin T. Wang as local counsel. granting 15 Non-Resident (vm) (Entered: 06/09/2017) NOTICE of Appearance filed by attorney Erin Greenfield Mehta on behalf of Defendant Hulu, LLC (Attorney Erin Greenfield Mehta added to party Hulu, LLC(pty:dft))(Mehta, Erin) (Entered: 06/12/2017) ORDER ON APPLCIATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Magistrate Judge Michael R. Wilner. (See Order for details) granting Non-Resident Attorney Ameet A. Modi APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Sound View Innovations, LLC, designating Benjamin T. Wang as local counsel. 8 (vm) (Entered: 06/12/2017) Joint STIPULATION for Extension of Time to File Answer to August 11, 2017 re Complaint (Attorney Civil Case Opening), 1 filed by plaintiff Sound View Innovations, LLC. (Attachments: # 1 Proposed Order)(Wang, Benjamin) (Entered: 06/12/2017) DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by plaintiff Sound View Innovations, LLC. (Wang, Benjamin) (Entered: 06/13/2017) SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Sound View Innovations, LLC, upon Defendant Hulu, LLC served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wang, Benjamin) (Entered: 06/13/2017) ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY 45 DAYS by Magistrate Judge Michael R. Wilner. IT IS HEREBY ORDERED that Hulu, LLCs time to answer or otherwise respond to the Complaint shall be extended 45 days from June 27, 2017, up to and including August 11, (See Order for further details) re Stipulation to Extend Time to Answer (More than 30 days) 21 (vm) (Entered: 06/13/2017) NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Percy Anderson for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Paul L. Abrams. The case number will now reflect the initials of the transferee Judges 2:17-cv PA(PLAx). (rn) (Entered: 06/15/2017) ORDER TO TRANSFER CASE TO THE PATENT PILOT PROGRAM by Judge Percy Anderson. Case transferred from Judge Percy Anderson to Judge S. James Otero for all further proceedings. Case number now reads 2:17-cv SJO(PLAx). (rn) (Entered: 06/16/2017) INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (smo) (Entered: 06/19/2017) ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order by Judge S. James Otero. Case transferred from Judge S. James Otero to the calendar of Judge John A. Kronstadt for all further proceedings. Case number now reads as 2:17-cv JAK (PLAx). (esa) (Entered: 06/29/2017) STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. (ah) (Entered: 06/30/2017) // PAGE 4

5 July 10, 2017 July 11, 2017 Aug 11, 2017 Aug 11, 2017 Aug 14, 2017 Notice of Appearance or Withdrawal of Counsel: for attorney John C Kappos counsel for Defendant Hulu, LLC. Adding John Kappos as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney John C Kappos added to party Hulu, LLC(pty:dft))(Kappos, John) (Entered: 07/07/2017) Notice of Appearance or Withdrawal of Counsel: for attorney Bo Kyoung Moon counsel for Defendant Hulu, LLC. Adding Bo Moon as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Bo Kyoung Moon added to party Hulu, LLC(pty:dft))(Moon, Bo) (Entered: 07/07/2017) Notice of Appearance or Withdrawal of Counsel: for attorney Cameron W Westin counsel for Defendant Hulu, LLC. Adding Cameron Westin as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Cameron W Westin added to party Hulu, LLC(pty:dft))(Westin, Cameron) (Entered: 07/07/2017) Notice of Appearance or Withdrawal of Counsel: for attorney Brett J Williamson counsel for Defendant Hulu, LLC. Adding Brett J. Williamson as counsel of record for Hulu, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Hulu, LLC. (Attorney Brett J Williamson added to party Hulu, LLC(pty:dft))(Williamson, Brett) (Entered: 07/07/2017) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), 32, Notice of Appearance or Withdrawal of Counsel (G-123), 33, Notice of Appearance or Withdrawal of Counsel (G-123), 30, Notice of Appearance or Withdrawal of Counsel (G-123), 31. The following error(s) was found: Case number is incorrect or missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak) (Entered: 07/10/2017) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Appearance or Withdrawal of Counsel (G-123) 30, 31, 32, 33. The document is accepted as filed. This action has been assigned to the Honorable John A. Kronstadt, United States District Judge.The case number now reads: LA CV JAK (PLAx) or 2:17-cv JAK-PLA. Please be sure to include the initials of the District Judge and Magistrate Judge in the case number on all future filings. This will ensure that the courtesy copies of all documents are routed properly. Any future document that fails to include the entire case number will be stricken. (pso) (Entered: 07/11/2017) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(b)(6) filed by Defendant Hulu, LLC. Motion set for hearing on 11/6/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Williamson, Brett) (Entered: 08/11/2017) NOTICE of Interested Parties filed by Defendant Hulu, LLC, identifying Walt Disney Company, Twenty-First Century Fox, Inc.,Time Warner Inc., Comcast Corporation. (Williamson, Brett) (Entered: 08/11/2017) (IN CHAMBERS) ORDER CONTINUING DEFENDANTS MOTION TO DISMISS PLAINTIFF'S COMPLAINT (DKT. 36 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motion from November 6, 2017 to November 13, 2017 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 08/14/2017) 39 Aug 14, 2017 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Scheduling Conference set for October 23, 2017 at 01:30 PM before Judge John A. Kronstadt. Joint Rule 16(b)/26(f) Report due October 13, (ah) (Entered: 08/14/2017) Aug 15, 2017 Aug 17, 2017 FIRST AMENDED COMPLAINT against Defendant Hulu, LLC amending Complaint (Attorney Civil Case Opening), 1, filed by plaintiff Sound View Innovations, LLC (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 part 1 of 4, # 9 Exhibit H part 2 of 4, # 10 Exhibit H part 3 of 4, # 11 Exhibit H part 4 of 4, # 12 Appendix Redline)(Wang, Benjamin) (Entered: 08/15/2017) (IN CHAMBERS) ORDER DEEMING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AS MOOT (DKT. 36 ) by Judge John A. Kronstadt: In light of the First Amended Complaint (Dkt. 40 ), the Motion is MOOT. Should Defendant wish to renew its motion based on the First Amended Complaint, such shall be filed on or before September 11, 2017, with the hearing to remain scheduled for November 13, 2017 at 8:30 a.m. If Defendant does not wish to // PAGE 5

6 renew its motion, counsel shall contact the Clerk so that the hearing can be taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 08/17/2017) Aug 17, 2017 Sept 7, 2017 Sept 21, 2017 Oct 13, 2017 Oct 23, 2017 Oct 25, 2017 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by defendant Hulu, LLC. Motion set for hearing on 11/13/2017 at 08:30 AM before Judge John A. Kronstadt. (Attachments: # 1 Memorandum of Points and Authorities in Support of, # 2 Proposed Order) (Williamson, Brett) (Entered: 08/17/2017) MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 42 filed by Plaintiff Sound View Innovations, LLC. (Shum, Kent) (Entered: 09/07/2017) REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 42 filed by Defendant Hulu, LLC. (Williamson, Brett) (Entered: 09/21/2017) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Sound View Innovations, LLC.. (Attachments: # 1 Exhibit A)(Shum, Kent) (Entered: 10/13/2017) MINUTES OF SCHEDULING CONFERENCE held before Judge John A. Kronstadt. Last day to amend or add parties December 18, Markman Hearing April 30, 2018 at 10:30 a.m. Last day to file motions (including discovery motions) September 17, The parties will be invited to submit proposed dates for the final pretrial conference and trial, if necessary, upon the Court's final ruling on the motions. The trial estimate will be set at the final pretrial conference. Counsel shall file a joint report by December 22, 2017, regarding the status of early settlement discussions. Court Reporter: Alex Joko. (ah) (Entered: 10/25/2017) ORDER/REFERRAL to ADR Procedure No 3 by Judge John A. Kronstadt. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 10/29/2018. (ah) (Entered: 10/25/2017) // PAGE 6

Apex Compounding Pharmacy LLC v. efax Corporate et al

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