| Court: | txed |
| Docket #: | 2:07-cv-00327 |
| Case Name: | Harvey v. Apple, Inc. |
| PACER case #: | 104613 |
| Date filed: | 2007-08-06 |
| Date terminated: | 2009-10-27 |
| Assigned to: | Judge T. John Ward |
| Referred to: | Magistrate Judge Charles Everingham |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Thomas Harvey Plaintiff |
Joseph Jude Zito |
| Apple, Inc. Defendant |
Ruffin B Cordell Eric M. Albritton Michael J McKeon Rudhir Patel |
| Apple, Inc. Counter Claimant |
Michael J McKeon Rudhir Patel |
| Thomas Harvey Counter Defendant |
|
| Apple, Inc. Counter Claimant |
Ruffin B Cordell Eric M. Albritton Michael J McKeon Rudhir Patel |
| Thomas Harvey Counter Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2007-08-06 | 1 | 0 | COMPLAINT for Patent Infringement against Thomas Harvey ( Filing fee $ 350 receipt number 1216744.), filed by Thomas Harvey. (Attachments: # 1 Exhibit Asserted Patent 6,753,671# 2 Exhibit Asserted Patent 6,762,584# 3 Exhibit Civil Summons# 4 Exhibit Civil Cover Sheet# 5 Exhibit Patent litigation Notice)(Zito, Joseph) (Entered: 08/06/2007) | |||
| 2007-08-06 | 2 | 0 | ORDER REFERRING CASE to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 8/6/07. (ehs, ) (Entered: 08/06/2007) | |||
| 2007-09-06 | 3 | 0 | NOTICE of Attorney Appearance by Eric M. Albritton on behalf of Apple, Inc. (Albritton, Eric) (Entered: 09/06/2007) | |||
| 2007-10-12 | 4 | 0 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Thomas Harvey by Apple, Inc..(Albritton, Eric) (Entered: 10/12/2007) | |||
| 2007-10-12 | 5 | 0 | CORPORATE DISCLOSURE STATEMENT filed by Apple, Inc. identifying none as Corporate Parent. (Albritton, Eric) (Entered: 10/12/2007) | |||
| 2007-10-30 | 6 | 0 | CLAIM Answer to Counter-Claim by Thomas Harvey. (Zito, Joseph) (Entered: 10/30/2007) | |||
| 2007-11-02 | 7 | 0 | NOTICE of Attorney Appearance by Ruffin B Cordell on behalf of Apple, Inc. (Cordell, Ruffin) (Entered: 11/02/2007) | |||
| 2007-12-14 | 8 | 0 | ORDER setting status conference. Status Conference set for 1/8/2008 01:45 PM before Judge T. John Ward and Magistrate Judge Everingham. Signed by Judge T. John Ward on 12/14/07. (ehs, ) (Entered: 12/14/2007) | |||
| 2008-01-08 | 9 | 0 | Minute Entry for proceedings held before Judge T. John Ward and Judge Charles Everingham: Status Conference held on 1/8/08. Counsel for the parties appeared and were asked if they consented to Judge Everingham. Depending on their answer, they were then given Markman and jury selection dates for the appropriate court. The parties are to meet and confer regarding a scheduling order and discovery order, and the parties have 14 days to submit the proposed orders. The Court further instructed the parties that the time for complying with P.R. 3-1 would be 10 days after the date of the parties filing their proposed orders. Court Adjourned. (Court Reporter Susan Simmons) (jml) (Entered: 01/09/2008) | |||
| 2008-01-09 | 10 | 0 | ORDER - parties shall submit their proposed docket control and discovery orders to the court on January 22, 2007. Deadlines under the local patent rules, the court deems February 5, 2007 to be the date of the initial case management conference. Disclosure of Asserted Claims and Infringement Contentions is due on February 19, 2007.. Signed by Judge T. John Ward on 1/9/08. (ch, ) (Entered: 01/09/2008) | |||
| 2008-01-22 | 11 | 0 | MOTION for Extension of Time to File Agreed Motion Extending the Time for the Parties to Submit Discovery Orders by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 01/22/2008) | |||
| 2008-01-24 | 12 | 0 | ORDER granting 11 Motion for Extension of Time to Submit Discovery Orders. Signed by Judge Charles Everingham on 1/24/08. (ch, ) (Entered: 01/24/2008) | |||
| 2008-02-05 | 13 | 0 | NOTICE by Apple, Inc. of Agreement of Discovery and Docket Control Order (Attachments: # 1 Discovery Order# 2 Docket Control Order)(Albritton, Eric) (Entered: 02/05/2008) | |||
| 2008-02-06 | 14 | 0 | DISCOVERY ORDER. Signed by Judge Charles Everingham on 2/6/08. (ehs, ) (Entered: 02/06/2008) | |||
| 2008-02-06 | 15 | 0 | DOCKET CONTROL ORDER -Amended Pleadings due by 5/7/2009.,Discovery due by 12/1/2009.,Joinder of Parties due by 9/1/2008.,Markman Hearing set for 10/28/2009 09:00 AM before Judge T. John Ward.,Motions due by 3/19/2010.,Pretrial Order due by 3/22/2010., Final Pretrial Conference set for 3/23/2010 09:30 AM before Judge T. John Ward., Jury Selection set for 4/6/2010 09:00AM before Judge T. John Ward.. Signed by Judge Charles Everingham on 2/6/08. (ehs, ) (Entered: 02/06/2008) | |||
| 2008-02-20 | 16 | 0 | FIRST AMENDED DOCKET CONTROL ORDER -Amended Pleadings due by 5/7/2009,Discovery due by 12/1/2009,Joinder of Parties due by 9/1/2008,Markman Hearing set for 10/28/2009 09:00 AM before Judge T. John Ward,Motions due by 3/19/2010, Pretrial Order due by 3/22/2010, Final Pretrial Conference set for 3/23/2010 09:30 AM before Judge Chad Everingham, Jury Selection RE-SET for 4/5/2010 09:00AM before Judge T. John Ward. Signed by Judge Charles Everingham on 2/19/08.(jml) (Entered: 02/20/2008) | |||
| 2008-04-07 | 17 | 0 | AMENDED COMPLAINT filed in compliance with Docket Control Order against Apple, Inc., filed by Thomas Harvey. (Attachments: # 1 Exhibit Marked Copy of Amended Complaint)(Zito, Joseph) Additional attachment(s) Certificate of Service added on 4/8/2008 (mpv, ). Modified on 4/8/2008 (mpv, ). (Entered: 04/07/2008) | |||
| 2008-04-30 | 18 | 0 | ANSWER to Amended Complaint, COUNTERCLAIM against Thomas Harvey by Apple, Inc..(Albritton, Eric) Additional attachment(s)Certificate of Service added on 5/1/2008 (mpv, ). Modified on 5/1/2008 (mpv, ). (Entered: 04/30/2008) | |||
| 2008-05-13 | 19 | 0 | APPLICATION to Appear Pro Hac Vice by Attorney Rudhir Patel for Apple, Inc. (FEE PAID) 2-1-3773 (ehs, ) (Entered: 05/13/2008) | |||
| 2008-05-22 | 20 | 0 | ANSWER to Counterclaim by Thomas Harvey. (Attachments: # 1 Certificate of Service)(Zito, Joseph) Modified on 5/22/2008 (mpv, ). (Entered: 05/22/2008) | |||
| 2008-05-22 | 21 | 0 | NOTICE of Attorney Appearance by Michael J McKeon on behalf of Apple, Inc. (McKeon, Michael) (Entered: 05/22/2008) | |||
| 2008-08-04 | 22 | 0 | Joint MOTION of Plaintiff and Defendant for Modification of the Docket Control Order by Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Cordell, Ruffin) (Entered: 08/04/2008) | |||
| 2008-08-05 | 23 | 0 | ORDER - granting 22 Joint Motion of Parties for Modification of the Docket Control Order - Amended Pleadings due by 5/7/2009., Discovery due by 12/1/2009., Joinder of Parties due by 9/1/2008., Markman Hearing set for 10/28/2009 09:00 AM before Magistrate Judge Charles Everingham., Motions due by 3/19/2010., Proposed Pretrial Order due by 3/22/2010., Jury Selection set for 4/5/2010 09:00AM before Judge T. John Ward., Pretrial Conference set for 3/23/2010 09:30 AM before Magistrate Judge Charles Everingham. Mediation to be completed is 2/8/2010. All other deadlines are set forth herein. Signed by Magistrate Judge Charles Everingham on 8/5/08. (ch, ) (Entered: 08/05/2008) | |||
| 2009-01-05 | 24 | 0 | Joint MOTION to Stay of Discovery, Joint MOTION to Vacate Certain Dates in the Docket Control Order pending Issuance of Reissue Patent by Thomas Harvey, Apple, Inc.. (Attachments: # 1 Text of Proposed Order)(Albritton, Eric) (Entered: 01/05/2009) | |||
| 2009-02-03 | 25 | 0 | ORDER granting 24 Motion to Stay; granting 24 Motion to Vacate certain deadlines. Signed by Magistrate Judge Charles Everingham on 2/3/09. (ehs, ) (Entered: 02/03/2009) | |||
| 2009-07-07 | 26 | 0 | Opposed MOTION to Change Venue by Apple, Inc.. (Attachments: # 1 Exhibit Declaration of Rudhir Patel, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit Declaration of Joni Reicher, # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Text of Proposed Order)(Albritton, Eric) (Entered: 07/07/2009) | |||
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| 2009-08-02 | 27 | 0 | RESPONSE in Opposition re 26 Opposed MOTION to Change Venue filed by Thomas Harvey. (Zito, Joseph) (Entered: 08/02/2009) | 2009-11-06 13:41:57 | 867e590c822b7517255bb03c600877f714ab1aba | |
| 2009-08-10 | 28 | 0 | ***FILED IN ERROR. PER ATTORNEY. PLEASE IGNORE.***REPLY to Response to Motion re 26 Opposed MOTION to Change Venue Apple's Reply ISO its Motion to Transfer Venue to the Northern District of California filed by Apple, Inc.. (Albritton, Eric) Modified on 8/11/2009 (ch, ). (Entered: 08/10/2009) | |||
| 2009-08-11 | 29 | 0 | REPLY to Response to Motion re 26 Opposed MOTION to Change Venue Apple Inc.'s Reply ISO its Motion to Transfer Venue to the Northern District of California filed by Apple, Inc.. (Albritton, Eric) (Entered: 08/11/2009) | 2010-07-23 13:19:06 | 9c3bb61a29711d92f341a2ddf521cedc87ce74e5 | |
| 2009-09-18 | 30 | 0 | Opposed MOTION to Vacate Claim Construction Hearing Date Scheduled for October 28, 2009 by Apple, Inc.. (McKeon, Michael) (Additional attachment(s) added on 9/21/2009: # 1 Text of Proposed Order) (ch, ). (Entered: 09/18/2009) | |||
| 2009-09-23 | 31 | 0 | NOTICE by Thomas Harvey re 16 Set Deadlines/Hearings, Order,, Notice of Service of 4-1 Claim Term Identifications (Zito, Joseph) (Entered: 09/23/2009) | |||
| 2009-09-23 | 32 | 0 | NOTICE by Thomas Harvey re 16 Set Deadlines/Hearings, Order,, Notice of Service of 4-2 Preliminary Proposed Claim Construction (Zito, Joseph) (Entered: 09/23/2009) | |||
| 2009-10-02 | 33 | 0 | ***DEFICIENT DOCUMENT. NO CERTIFICATE OF SERVICE. PLEASE IGNORE.***NOTICE by Thomas Harvey re 23 Order, Set Deadlines/Hearings,,,, 15 Order, Set Deadlines/Hearings,, 16 Set Deadlines/Hearings, Order,, Filing of Claim Construction and Pre-Hearing Statement (Zito, Joseph) Modified on 10/5/2009 (ch, ). (Entered: 10/02/2009) | |||
| 2009-10-02 | 34 | 0 | ***FILED IN ERROR. CERTIFICATE OF SERVICE FILED SEPARATELY. PLEASE IGNORE.***NOTICE by Thomas Harvey re 33 Notice (Other) Certificate of Service (Zito, Joseph) Modified on 10/5/2009 (ch, ). (Entered: 10/02/2009) | |||
| 2009-10-05 | 35 | 0 | ***REPLACES # 33 AND # 34 ***NOTICE by Thomas Harvey re 23 Order, Set Deadlines/Hearings,,,, 15 Order, Set Deadlines/Hearings,, Notice of Deficiency, Notice of Docket Correction, 16 Set Deadlines/Hearings, Order,, Filing of Claim Construction and Pre-Hearing Statement (Zito, Joseph) Modified on 10/6/2009 (ch, ). (Entered: 10/05/2009) | |||
| 2009-10-06 | 36 | 0 | RESPONSE in Opposition re 30 Opposed MOTION to Vacate Claim Construction Hearing Date Scheduled for October 28, 2009 filed by Thomas Harvey. (Attachments: # 1 Exhibit A Official Action from USPTO)(Zito, Joseph) (Entered: 10/06/2009) | |||
| 2009-10-08 | 37 | 0 | MEMORANDUM ORDER transferring case to the Northern District of California. Signed by Magistrate Judge Charles Everingham on 10/8/09. (ehs, ) (Entered: 10/08/2009) | 2009-11-06 12:40:19 | 49c9f5ff0ae935d4e49f1728544221b8b382de59 |