Case details

Court: cand
Docket #: 3:14-cv-05071
Case Name: CAP Co., Ltd. v. Symantec Corporation
PACER case #: 282279
Date filed: 2014-11-17
Assigned to: Hon. James Donato
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
CAP Co., Ltd.
Counter-defendant
a Korean corporation		 
Bruce J. Wecker
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher L. Lebsock
(See above for address)
ATTORNEY TO BE NOTICED
Symantec Corporation
Counter-claimant
a Delaware corporation		 
Stefani Elise Shanberg
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jennifer J. Schmidt
(See above for address)
ATTORNEY TO BE NOTICED

Michael Jeffrey Guo
(See above for address)
ATTORNEY TO BE NOTICED

Robin L. Brewer
(See above for address)
ATTORNEY TO BE NOTICED

Ryan R. Smith
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-11-17 1 0 COMPLAINT for Patent Infringement against Symantec Corporation ( Filing fee $ 400, receipt number 0971-9079724.). Filed byCAP Co., Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Wecker, Bruce) (Filed on 11/17/2014) (Entered: 11/17/2014) 2014-11-20 00:59:07 a2cb83100d90989a2c1eaf40dfce17ffeeb90a5d
1 1 Civil Cover Sheet
1 2 Exhibit A
1 3 Exhibit B
1 4 Exhibit C
2014-11-17 2 0 Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (cjlS, COURT STAFF) (Filed on 11/17/2014) (Entered: 11/17/2014)
2014-11-18 3 0 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/17/2015. Case Management Conference set for 2/24/2015 10:00 AM. (Attachments: # 1 Standing Order)(mclS, COURT STAFF) (Filed on 11/18/2014) (Entered: 11/18/2014)
2014-11-18 4 0 REPORT on the filing or determination of an action regarding Patent Infringement. (cc: form mailed to register). (mclS, COURT STAFF) (Entered: 11/18/2014)
2014-11-18 5 0 Proposed Summons. (Wecker, Bruce) (Filed on 11/18/2014) (Entered: 11/18/2014)
2014-11-19 6 0 Summons Issued as to Symantec Corporation. (mclS, COURT STAFF) (Entered: 11/19/2014)
2014-11-20 7 0 NOTICE of Pendency of Other Action Involving Same Patent by CAP Co., Ltd. (Lebsock, Christopher) (Filed on 11/20/2014) (Entered: 11/20/2014)
2014-11-24 8 0 SUMMONS Returned Executed by CAP Co., Ltd.. Symantec Corporation served on 11/21/2014, answer due 12/12/2014. (Wecker, Bruce) (Filed on 11/24/2014) (Entered: 11/24/2014)
2014-11-26 9 0 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. James Donato for all further proceedings. Judge Elizabeth Laporte no longer assigned to the case.. Signed by Executive Committee on 11/26/14. (as, COURT STAFF) (Filed on 11/26/2014) (Entered: 11/26/2014)
2014-12-02 10 0 CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 2/25/2015. Case Management Conference set for 3/4/2015 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge James Donato on 12/2/14. (lrcS, COURT STAFF) (Filed on 12/2/2014) (Entered: 12/02/2014)
2014-12-04 11 0 STIPULATION Pursuant to Civil Local Rule 6-1(a) to Extend Time to Answer or Otherwise Respond to Complaint filed by CAP Co., Ltd.. (Wecker, Bruce) (Filed on 12/4/2014) (Entered: 12/04/2014)
2015-01-12 12 0 MOTION to Dismiss For Failure to State a Claim filed by Symantec Corporation. Motion Hearing set for 3/4/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. Responses due by 1/26/2015. Replies due by 2/2/2015. (Attachments: # 1 Proposed Order Granting Defendant Symantec Corporation's Motion to Dismiss for Failure to State a Claim)(Shanberg, Stefani) (Filed on 1/12/2015) (Entered: 01/12/2015)
2015-01-26 13 0 RESPONSE (re 12 MOTION to Dismiss For Failure to State a Claim ) filed byCAP Co., Ltd.. (Wecker, Bruce) (Filed on 1/26/2015) (Entered: 01/26/2015)
2015-01-27 14 0 NOTICE of Appearance by Michael Jeffrey Guo for Defendant Symantec Corporation (Guo, Michael) (Filed on 1/27/2015) (Entered: 01/27/2015)
2015-01-27 15 0 NOTICE of Appearance by Jennifer J Schmidt for Defendant Symantec Corporation (Schmidt, Jennifer) (Filed on 1/27/2015) (Entered: 01/27/2015)
2015-01-27 16 0 NOTICE of Appearance by Ryan R. Smith for Defendant Symantec Corporation (Smith, Ryan) (Filed on 1/27/2015) (Entered: 01/27/2015)
2015-02-02 17 0 REPLY (re 12 MOTION to Dismiss For Failure to State a Claim ) filed bySymantec Corporation. (Shanberg, Stefani) (Filed on 2/2/2015) (Entered: 02/02/2015)
2015-02-10 18 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wecker, Bruce) (Filed on 2/10/2015) (Entered: 02/10/2015)
2015-02-11 19 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shanberg, Stefani) (Filed on 2/11/2015) (Entered: 02/11/2015)
2015-02-11 20 0 STIPULATION and Proposed Order selecting Mediation by CAP Co., Ltd. and Defendant Symantec Corporation filed by CAP Co., Ltd.. (Wecker, Bruce) (Filed on 2/11/2015) (Entered: 02/11/2015)
2015-02-12 21 0 Certificate of Interested Entities by CAP Co., Ltd. (Wecker, Bruce) (Filed on 2/12/2015) (Entered: 02/12/2015)
2015-02-12 22 0 Order by Hon. James Donato granting 20 Stipulation Selecting Mediation. (jdlc1S, COURT STAFF) (Filed on 2/12/2015) (Entered: 02/12/2015)
2015-02-19 23 0 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND MOTION HEARING: As to 12 MOTION to Dismiss For Failure to State a Claim. Case Management Statement due by 3/11/2015. Initial Case Management Conference reset to 3/18/2015 10:00 AM. Motion to Dismiss Hearing reset to 3/18/2015 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. James Donato. THIS IS A TEXT ONLY ENTRY. THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (tlS, COURT STAFF) (Filed on 2/19/2015) (Entered: 02/19/2015)
2015-03-11 24 0 Certificate of Interested Entities by Symantec Corporation (Shanberg, Stefani) (Filed on 3/11/2015) (Entered: 03/11/2015)
2015-03-11 25 0 JOINT CASE MANAGEMENT STATEMENT filed by CAP Co., Ltd.. (Wecker, Bruce) (Filed on 3/11/2015) (Entered: 03/11/2015)
2015-03-13 26 0 Order by Hon. James Donato re 12 Motion to Dismiss. Pursuant to Civil L.R. 7-1(b), the Court finds that the motion is suitable for decision without oral argument and vacates the 3/18/15 hearing. (This is a text-only entry. No document is associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 3/13/2015) Modified on 3/16/2015 (hdjS, COURT STAFF). (Entered: 03/13/2015)
2015-03-19 27 0 Minute Entry for proceedings held before Hon. James Donato: Initial Case Management Conference held on 3/18/2015.FTR Time 10:04-10:11 (lrcS, COURT STAFF) (Date Filed: 3/19/2015) (Entered: 03/19/2015)
2015-04-17 28 0 NOTICE of Appearance by Robin L. Brewer (Brewer, Robin) (Filed on 4/17/2015) (Entered: 04/17/2015)
2015-06-01 29 0 MOTION for Extension of Time to File Response/Reply Plaintiff's Unopposed Motion to Modify the Deadline to Exchange Proposed Terms for Construction Pursuant to Patent L.R. 4-1 and the Schedule for Briefing and Argument of Defendant McAfee, Inc.'s Motion to Strike Plaintiff's Infringement Contentions and [Proposed] Order filed by CAP Co., Ltd.. (Attachments: # 1 Declaration of Bruce J. Wecker)(Wecker, Bruce) (Filed on 6/1/2015) (Entered: 06/01/2015)
2015-06-18 30 0 STIPULATION WITH PROPOSED ORDER to Extend Exchange of Preliminary Claim Constructions and Extrinsic Evidence (Patent L.R. 4-2) filed by CAP Co., Ltd.. (Wecker, Bruce) (Filed on 6/18/2015) (Entered: 06/18/2015)
2015-07-10 31 0 AMENDED COMPLAINT against Symantec Corporation. Filed byCAP Co., Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wecker, Bruce) (Filed on 7/10/2015) (Entered: 07/10/2015)
2015-07-17 32 0 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST TO EXTEND DEADLINES FOR EXPERTS IN CLAIM CONSTRUCTION filed by Symantec Corporation. (Attachments: # 1 Proposed Order)(Shanberg, Stefani) (Filed on 7/17/2015) (Entered: 07/17/2015)
2015-07-17 33 0 CLAIM CONSTRUCTION STATEMENT Joint Claim Construction and Prehearing Statement Pursuant to Patent Local Rule 4-3 filed by CAP Co., Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wecker, Bruce) (Filed on 7/17/2015) (Entered: 07/17/2015)
2015-07-20 34 0 SCHEDULING ORDER. (jdlc3S, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)
2015-07-20 35 0 Stipulation and Order Extending Deadlines for Experts in Claim Construction re 65 in case 3:14-cv-05068-JD and 32 in case 3:14-cv-05071-JD. (jdlc3S, COURT STAFF) (Filed on 7/20/2015) (Entered: 07/20/2015)
2015-07-27 36 0 ANSWER to Amended Complaint with Jury Demand, COUNTERCLAIM against CAP Co., Ltd. bySymantec Corporation. (Shanberg, Stefani) (Filed on 7/27/2015) (Entered: 07/27/2015)
2015-08-14 37 0 ANSWER TO COUNTERCLAIM Plaintiff Cap Co., Ltd.'s Answer to Defendant Symantec Corporation's Counterclaims byCAP Co., Ltd.. (Wecker, Bruce) (Filed on 8/14/2015) (Entered: 08/14/2015)
2015-09-17 38 0 NOTICE by Symantec Corporation Defendant Symantec Corporation's Notice of Joinder (Attachments: # 1 Declaration of Michael J. Guo ISO Defendant Symantec Corporation's Notice of Joinder)(Guo, Michael) (Filed on 9/17/2015) (Entered: 09/17/2015)
2015-09-18 39 0 CLAIM CONSTRUCTION STATEMENT Plaintiff's Opening Claim Construction Brief filed by CAP Co., Ltd.. (Attachments: # 1 Declaration of Bruce Wecker, # 2 Exhibit A (Part 1) to Wecker Decl., # 3 Exhibit A (Part 2) to Wecker Decl., # 4 Exhibit A (Part 3) to Wecker Decl., # 5 Exhibit B (Part 1) to Wecker Decl., # 6 Exhibit B (Part 2) to Wecker Decl., # 7 Exhibit B (Part 3) to Wecker Decl., # 8 Exhibit B (Part 4) to Wecker Decl., # 9 Exhibit C to Wecker Decl., # 10 Declaration of David Bernstein, # 11 Exhibit A to Bernstein Decl.)(Wecker, Bruce) (Filed on 9/18/2015) (Entered: 09/18/2015)
2015-10-01 40 0 STIPULATION WITH PROPOSED ORDER For Stay Pending Inter Partes Review filed by CAP Co., Ltd.. (Wecker, Bruce) (Filed on 10/1/2015) (Entered: 10/01/2015)
2015-10-05 41 0 Order by Hon. James Donato granting 40 Stipulation. All deadlines are vacated and proceedings stayed pending the outcome of petitions currently before the U.S. Patent Trial and Appeal Board. The parties will submit a joint status report to the Court within two weeks of any decision to institute IPR or any other final decision by the Board. (jdlc3S, COURT STAFF) (Filed on 10/5/2015) (Entered: 10/06/2015)