Case details

Court: mad
Docket #: 4:13-cv-40151
PACER case #: 156624
Date filed: 2013-12-20
Date of last filing: 2014-03-13
Assigned to: District Judge Timothy S Hillman
Case Cause: 15:1126 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Paid, Inc.
Counter Defendant
Bradley W Grout
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David A Kelly
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory N. Stillman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James D Humphries , IV
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. O'Shea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard C. Suchyta
(See above for address)
ATTORNEY TO BE NOTICED

Ebay, Inc.
Counter Claimant
Indranil Mukerji
(See above for address)
ATTORNEY TO BE NOTICED

Stephen A. Marshall
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-12-20 1 0 Complaint COMPLAINT for patent infringement against eBay Inc. Filing fee: $ 400, receipt number 0101-4786284 (Fee Status: Filing Fee paid), filed by Paid, Inc.. (Attachments: # 1 Exhibit A - US Patent No. 8352357, # 2 Exhibit B - US Patent No. 7930237, # 3 Exhibit C - US Patent No. 8521642, # 4 Civil Cover Sheet, # 5 Attachment to Civil Cover Sheet, # 6 Civil Category Sheet, # 7 Form AO120)(Suchyta, Leonard) Modified on 12/23/2013 (Jones, Sherry). (Entered: 12/20/2013) 2013-12-23 10:10:02 2047fd24fc7e1950869c91f1da046f4c4515a7b6
1 1 Exhibit A - US Patent No. 8352357
1 2 Exhibit B - US Patent No. 7930237
1 3 Exhibit C - US Patent No. 8521642
1 4 Civil Cover Sheet 2014-01-10 14:00:09 a60518f54d3c784c28a5fc8d8eef261124f7c307
1 5 Attachment to Civil Cover Sheet 2014-01-10 14:01:13 b9f1c311a9ea0b988c8a52d8890ca7bee8149ce2
1 6 Civil Category Sheet 2014-01-10 14:02:58 20ca201053c9ea5bbc027077f42ca5e57d600e61
1 7 Form AO120 2014-01-10 14:06:02 e21105bde8baf4c27f999444cdad3469a137532e
2013-12-20 2 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Paid, Inc.. (Suchyta, Leonard) (Entered: 12/20/2013) 2013-12-23 10:22:40 b614d054c40a463bf66addda559e55107d37bd5c
2013-12-23 3 0 Report on the filing/termination of patent/trademark case REPORT ON THE FILING OF AN ACTION REGARDING A PATENT. (Jones, Sherry) (Entered: 12/23/2013) 2013-12-23 16:50:11 155b3dc8f3ad7d5f0f96673d4c07db3839a51301
2013-12-23 4 0 Notice of Case Assignment ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S Hillman assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge David H. Hennessy. (Abaid, Kimberly) (Entered: 12/23/2013)
2013-12-23 5 0 Summons Issued Summons Issued as to Ebay, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 12/23/2013) 2013-12-23 16:51:58 861e232bb5cfa9d6d46870eb4a35c8822d0dc2cf
2014-01-07 6 0 Stipulation STIPULATION re 1 Complaint, to extend time by 30 days to answer, move or otherwise respond by Paid, Inc.. (Suchyta, Leonard) (Entered: 01/07/2014) 2014-01-07 15:31:03 2ff4679603fbaa9f0985daea8beadfc3b6c3bfcd
2014-01-08 7 0 Order District Judge Timothy S Hillman: ELECTRONIC ORDER entered. re 6 Stipulation filed by Paid, Inc., Ebay, Inc. answer due 2/12/2014. This stipulation should have been filed as a Motion, this is a reminder for future filings.(Jones, Sherry) (Entered: 01/08/2014)
2014-01-13 8 0 Motion for Leave to Appear Pro Hac Vice MOTION for Leave to Appear Pro Hac Vice for admission of David A. Kelly Filing fee: $ 100, receipt number 0101-4811853 by Paid, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of David A. Kelly)(Suchyta, Leonard) (Entered: 01/13/2014)
2014-01-13 9 0 Motion for Leave to Appear Pro Hac Vice MOTION for Leave to Appear Pro Hac Vice for admission of Bradley W. Grout Filing fee: $ 100, receipt number 0101-4811964 by Paid, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Bradley W. Grout)(Suchyta, Leonard) (Entered: 01/13/2014)
2014-01-13 10 0 Motion for Leave to Appear Pro Hac Vice MOTION for Leave to Appear Pro Hac Vice for admission of Gregory N. Stillman Filing fee: $ 100, receipt number 0101-4812014 by Paid, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Gregory N. Stillman)(Suchyta, Leonard) (Entered: 01/13/2014)
2014-01-13 11 0 Motion for Leave to Appear Pro Hac Vice MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. O'Shea Filing fee: $ 100, receipt number 0101-4812063 by Paid, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of Michael A. O'Shea)(Suchyta, Leonard) (Entered: 01/13/2014)
2014-01-13 12 0 Motion for Leave to Appear Pro Hac Vice MOTION for Leave to Appear Pro Hac Vice for admission of James D. Humphries, IV Filing fee: $ 100, receipt number 0101-4812083 by Paid, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit of James D. Humphries, IV)(Suchyta, Leonard) (Entered: 01/13/2014)
2014-01-14 13 0 Order on Motion for Leave to Appear District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added David A Kelly. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/14/2014)
2014-01-14 14 0 Order on Motion for Leave to Appear District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Bradley Grout. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/14/2014)
2014-01-14 15 0 Order on Motion for Leave to Appear District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Gregory N Stillman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/14/2014)
2014-01-14 16 0 Order on Motion for Leave to Appear District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 11 Motion for Leave to Appear Pro Hac Vice Added Michael A O'Shea. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/14/2014)
2014-01-14 17 0 Order on Motion for Leave to Appear District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added James D Humphries, IV. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Jones, Sherry) (Entered: 01/14/2014)
2014-02-04 18 0 Summons Returned Executed SUMMONS Returned Executed Ebay, Inc. served on 12/23/2013, answer due 2/12/2014. (Suchyta, Leonard) (Entered: 02/04/2014)
2014-02-07 19 0 Notice of Appearance NOTICE of Appearance by Stephen A. Marshall on behalf of Ebay, Inc. (Marshall, Stephen) (Entered: 02/07/2014) 2014-02-10 09:39:25 e8ee5451b47eff6134f52e2c52bf773266a0b9d4
2014-02-07 20 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Ebay, Inc.. (Marshall, Stephen) (Entered: 02/07/2014)
2014-02-07 21 0 Motion for Extension of Time to File Answer Assented to MOTION for Extension of Time to February 26, 2014 to File Answer by Ebay, Inc..(Marshall, Stephen) (Entered: 02/07/2014) 2014-02-16 22:01:50 9576b7ce0221fbaf4ff6d75287baab6f48302002
2014-02-10 22 0 Order on Motion for Extension of Time to Answer District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 21 Motion for Extension of Time to Answer. Ebay, Inc. answer due 2/26/2014. (Castles, Martin) (Entered: 02/10/2014)
2014-02-26 23 0 Notice of Appearance NOTICE of Appearance by Indranil Mukerji on behalf of Ebay, Inc. (Mukerji, Indranil) (Entered: 02/26/2014) 2014-02-26 14:04:10 c00d5217ce9686414552aab87e6515f2d68dc7d7
2014-02-26 24 0 Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Indirect Infringement and Willful Infringement Claims by Ebay, Inc..(Marshall, Stephen) (Entered: 02/26/2014)
2014-02-26 25 0 Memorandum in Support of Motion MEMORANDUM in Support re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Indirect Infringement and Willful Infringement Claims filed by Ebay, Inc.. (Marshall, Stephen) (Entered: 02/26/2014) 2014-02-27 06:18:28 19cceaf9ed500f7c3a294110b9a224794ed2b30a
2014-03-12 26 0 Amended Complaint AMENDED COMPLAINT for Patent Infringement against Ebay, Inc., filed by Paid, Inc.. (Attachments: # 1 Exhibit A - Notice of Patent Infringement, # 2 Exhibit B - Patent 8352357, # 3 Exhibit C - Patent 7930237, # 4 Exhibit D - Patent 8521642, # 5 Exhibit E - Patent 8635150)(Suchyta, Leonard) (Entered: 03/12/2014) 2014-03-12 13:25:43 13e064e9605879672b1291fd585caf1ebe5cb963
26 1 Exhibit A - Notice of Patent Infringement 2014-03-12 13:39:20 e022f496cf0b464239d192153fa6a4a799606886
26 2 Exhibit B - Patent 8352357
26 3 Exhibit C - Patent 7930237
26 4 Exhibit D - Patent 8521642
26 5 Exhibit E - Patent 8635150
2014-03-12 27 0 Memorandum in Opposition to Motion MEMORANDUM in Opposition re 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Regarding Indirect Infringement and Willful Infringement Claims filed by Paid, Inc.. (Suchyta, Leonard) (Entered: 03/12/2014) 2014-03-12 13:27:57 48d9b87d30082a9eb9874e44d37b5d202991f610
2014-03-13 28 0 Order on Motion to Dismiss for Failure to State a Claim District Judge Timothy S Hillman: ORDER entered denying 24 Motion to Dismiss for Failure to State a Claim. Plaintiff has filed an amended complaint, therefore, the motion to dismiss is DENIED without prejudice to defendant filing a motion to dismiss against the amended complaint if warranted. (Jones, Sherry) (Entered: 03/13/2014)
2014-03-31 29 0 ANSWER to 26 Amended Complaint, , COUNTERCLAIM against Paid, Inc. by Ebay, Inc..(Marshall, Stephen) (Entered: 03/31/2014)
2014-04-18 30 0 NOTICE of Scheduling Conference. Scheduling Conference set for 5/13/2014 at 10:30AM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 04/18/2014)
2014-04-24 31 0 ANSWER to Counterclaim by Paid, Inc..(Suchyta, Leonard) (Entered: 04/24/2014)
2014-05-06 32 0 JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit A - Proposed Scheduling Order, # 2 Exhibit B - eBay Inc.'s Certification Pursuant to Local Rule 16.1(d)(3), # 3 Exhibit C - PAID, Inc.'s Certification Pursuant to Local Rule 16.1(d)(3))(Suchyta, Leonard) (Entered: 05/06/2014)
2014-05-07 33 0 Notice of correction to docket made by Court staff. Correction: 32, Exhibit C, both parties certification pursuant to Rule 16.1, these should be filed as separate documents. Counsel should refile them now. (Jones, Sherry) (Entered: 05/07/2014)
2014-05-07 34 0 CERTIFICATION pursuant to Local Rule 16.1 . (Marshall, Stephen) (Entered: 05/07/2014)
2014-05-07 35 0 CERTIFICATION pursuant to Local Rule 16.1 . (Suchyta, Leonard) (Entered: 05/07/2014)
2014-05-13 36 0 ELECTRONIC Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Scheduling Conference held on 5/13/2014, Case called, Counsel appear for scheduling conference, Parties do not agree on a scheduling order timetable, Court takes issue of scheduling order dates under advisement, Scheduling order to issue, A status conference will be set by the Court based on the schedule adopted, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Grout,Stillman,Suchyta/Mukerji,Marshall) (Castles, Martin) (Entered: 05/13/2014)
2014-05-15 37 0 NOTICE by Ebay, Inc. of Filing of Covered Business Method Patent Review Petitions with the U.S. Patent and Trademark Office (Marshall, Stephen) (Entered: 05/15/2014)
2014-05-21 38 0 District Judge Timothy S Hillman: ORDER entered. SCHEDULING ORDER: Status Conference set for 1/21/2015 02:30 PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. Amended Pleadings due by 8/22/2014. Discovery to be completed by 1/15/2015 Motions due by 6/1/2015(Castles, Martin) (Entered: 05/21/2014)
2014-05-27 39 0 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Paid, Inc. of Discovery. (Grout, Bradley) (Entered: 05/27/2014)
2014-05-27 40 0 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Ebay, Inc. . (Marshall, Stephen) (Entered: 05/27/2014)
2014-06-12 41 0 Preliminary Disclosure of the Claims Infringed by Paid, Inc.. (Attachments: # 1 Exhibit A - '237 Claim Chart, # 2 Exhibit B - '357 Claim Chart, # 3 Exhibit C - '642 Claim Chart, # 4 Exhibit D - '150 Claim Chart)(Grout, Bradley) (Entered: 06/12/2014)
2014-06-30 42 0 Joint MOTION to Stay by Ebay, Inc..(Marshall, Stephen) (Entered: 06/30/2014)
2014-06-30 43 0 MEMORANDUM in Support re 42 Joint MOTION to Stay filed by Ebay, Inc.. (Marshall, Stephen) (Entered: 06/30/2014)
2014-07-07 44 0 District Judge Timothy S Hillman: ELECTRONIC ORDER entered granting 42 Motion to Stay. The parties shall file a status report with the court every 6 months. The first one being due on 1/7/15. A status conference will be set for a date in the middle of 2015. (Castles, Martin) (Entered: 07/07/2014)
2014-07-07 45 0 ELECTRONIC NOTICE of Hearing. Status Conference set for 6/25/2014 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 07/07/2014)
2014-07-07 46 0 ELECTRONIC NOTICE of CORRECTED Hearing date. Status Conference set for 6/25/2015 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman. (Castles, Martin) (Entered: 07/07/2014)
2015-01-07 47 0 STATUS REPORT Jointly Submitted by the Parties by Ebay, Inc.. (Marshall, Stephen) (Entered: 01/07/2015)
2015-06-25 48 0 ELECTRONIC Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Status Conference held on 6/25/2015, Case called, Counsel appear by telephone for status conference, Parties inform the Court of the status of the PTAB, Oral argument has been held and the parties are awaiting a ruling, Court sets a further status conference for 90 days, (Status Conference set for 9/30/2015 3:00PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman.). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Grout,Suchyta/Mukerji) (Castles, Martin) (Entered: 06/25/2015)
2015-09-29 49 0 NOTICE by Ebay, Inc. of Final Written Decision by Patent Trial and Appeal Board (Attachments: # 1 Exhibit A - CBM2014-00125 Final Decision, # 2 Exhibit B - CBM2014-00126 Final Decision, # 3 Exhibit C - CBM2014-00127 Final Decision, # 4 Exhibit D - CBM2014-00128 Final Decision)(Marshall, Stephen) (Entered: 09/29/2015)
2015-09-30 50 0 ELECTRONIC Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Status Conference held on 9/30/2015, Case called, Counsel appear for status conference, Parties inform the Court of the status of the case and timeline of next events at patent office, Parties request 60 days to determine how they will proceed, Court grants request and sets a further telephone conference, ( Telephone Conference set for 11/30/2015 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Suchyta/Mukerji,Marshall) (Castles, Martin) Modified on 9/30/2015 (Castles, Martin). (Entered: 09/30/2015)
2015-11-20 51 0 NOTICE by Paid, Inc. of Filing of Notice of Appeal from Final Written Decisions of the Patent Trial and Appeal Board of the United States Patent and Trademark Office (Attachments: # 1 Exhibit A - Notice of Appeal re '150, # 2 Exhibit B - Notice of Appeal re '237, # 3 Exhibit C - Notice of Appeal re '357, # 4 Exhibit D - Notice of Appeal re '642)(Suchyta, Leonard) (Entered: 11/20/2015)
2015-11-30 52 0 Electronic Clerk's Notes for proceedings held before District Judge Timothy S Hillman: Status Conference held on 11/30/2015, Case called, Counsel appear for status conference, Plaintiff informs the Court that they filed Notices of Appeal from each of the Final Written Decisions issued on September 16, 2015 by the Patent Trial and Appeal Board of the United States Patent and Trademark Office involving the patents asserted in this matter, The parties request continuance of the stay until appeal is resolved, Court grants request and sets a further status conference, ( Status Conference set for 6/15/2016 at 2:30PM in Courtroom 2 - Worcester before District Judge Timothy S Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Suchyta/Mukerji,Marshall) (Castles, Martin) (Entered: 11/30/2015)
2016-03-15 53 0 Joint MOTION for Order to Reflecting the Stipulation of Dismissal with Prejudice by Ebay, Inc.. (Attachments: # 1 Text of Proposed Order)(Marshall, Stephen) (Entered: 03/15/2016) 2016-03-16 02:32:27 7b2cd560993ce72899bf40bf41065bfc97c4b766
53 1 Text of Proposed Order
2016-03-15 54 0 Joint MEMORANDUM in Support re 53 Joint MOTION for Order to Reflecting the Stipulation of Dismissal with Prejudice filed by Ebay, Inc.. (Marshall, Stephen) (Entered: 03/15/2016) 2016-03-16 20:55:30 9c9d2824ae6bd80c89a4aadfcbc1a0dc9dd6e424