Case details

Court: ord
Docket #: 3:12-cv-00401
Case Name: ArrivalStar S.A. v. Tri-County Metropolitan Transportation District of Oregon
PACER case #: 106365
Date filed: 2012-03-06
Date terminated: 2012-12-14
Assigned to: Judge Michael H. Simon
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
ArrivalStar S.A.
Counter Defendant
 
Alexander C. Johnson , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Anthony E. Dowell
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Geoffrey D. Smith
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Melvino Technologies, Limited
Counter Defendant
 
Alexander C. Johnson , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Anthony E. Dowell
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

Geoffrey D. Smith
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Tri-County Metropolitan Transportation District of Oregon
Counter Claimant
 
Kimberly A. Sewell
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-06 1 0 Complaint. Filing Fee in amount of $350 collected. Receipt No. 45816. Jury Trial Requested: yes.Filed by Melvino Technologies, Limited, Arrivalstar S.A. against defendant. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (tll) (Entered: 03/07/2012) 2012-03-14 11:35:43 c92a267c80ddf90819e81ca0a9ef93d1620d373a
1 1 Exhibit A
1 2 Civil Cover Sheet
2012-03-06 2 0 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Judge Michael H. Simon. Discovery is to be completed by 7/5/2012. Joint Alternate Dispute Resolution Report is due by 8/3/2012. Pretrial Order is due by 8/3/2012. Ordered by Judge Michael H. Simon. (tll) (Entered: 03/07/2012)
2012-03-06 3 0 Patent Report: This report is submitted pursuant to Title 35 Section 290 USC which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (tll) (Entered: 03/08/2012)
2012-04-06 4 0 Waiver of Service of Summons Returned Executed by Tri-County Metropolitan Transportation District of Oregon waiver sent on 3/8/2012. Filed by All Plaintiffs. (Johnson, Alexander) (Entered: 04/06/2012)
2012-05-07 5 0 Answer to 1 Complaint with Jury Demand and Affirmative Defenses, Counterclaim with Jury Demand against All Plaintiffs. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 05/07/2012)
2012-05-24 6 0 Answer to 5 Answer to Complaint, Counterclaim with Jury Demand . Filed by ArrivalStar S.A., Melvino Technologies, Limited. (Johnson, Alexander) (Entered: 05/24/2012)
2012-05-30 7 0 Scheduling Order by Judge Michael H. Simon. Order - Setting a Telephone Rule 16 Conference for 6/19/2012 at 01:30PM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/30/2012)
2012-05-30 8 0 Scheduling Order by Judge Michael H. Simon. Order - At the defendant's request, the court is resetting the Telephone Rule 16 Conference from 6/19/2012 to 7/6/2012 at 11:00AM. The Court will initiate the call to the parties. Ordered by Judge Michael H. Simon. (mja) (Entered: 05/30/2012)
2012-07-02 9 0 Joint Status Report of the Parties' Planning Meeting under Rule 26(f). Filed by ArrivalStar S.A., Melvino Technologies, Limited, Tri-County Metropolitan Transportation District of Oregon. (Johnson, Alexander) (Entered: 07/02/2012)
2012-07-05 10 0 Motion for Leave to Appear Pro Hac Vice for Attorney Geoffrey D. Smith . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-2954834. Filed by All Plaintiffs. (Johnson, Alexander) (Entered: 07/05/2012)
2012-07-05 11 0 Motion for Leave to Appear Pro Hac Vice for Attorney Anthony E. Dowell . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-2954853. Filed by All Plaintiffs. (Johnson, Alexander) (Entered: 07/05/2012)
2012-07-06 12 0 MINUTES of Telephone Conference: Order - The Court adopts the parties case schedule listed in the Joint Status Report 9 . Claim construction terms are limited to 10, without leave of court. A Claim Construction Hearing is set for 6/28/2013 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Jeffrey Smith and Alexander C. Johnson, Jr. present as counsel for plaintiff(s). Kimberly A. Sewell present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 07/06/2012)
2012-07-11 13 0 Order Granting Application for Special Admission Pro Hac Vice of Geoffrey D. Smith for ArrivalStar S.A.,and Melvino Technologies, Limited. Application Fee in amount of $100 collected. Receipt No. 0979-2954834 issued. Signed on 7/11/2012 by Judge Michael H. Simon. (ecp) (Entered: 07/12/2012)
2012-07-11 14 0 Order Granting Application for Special Admission Pro Hac Vice of Anthony E. Dowell for ArrivalStar S.A. and Melvino Technologies, Limited. Application Fee in amount of $100 collected. Receipt No. 0979-2954853 issued. Signed on 7/11/2012 by Judge Michael H. Simon. (ecp) (Entered: 07/12/2012)
2012-08-01 15 0 Motion for Stay of Litigation Pending Request for Reexamination of '859 Patent by US Patent & Trademark Office. oral argument requested. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-01 16 0 Memorandum in Support of Motion to Stay Litigation Pending Request for Reexamination of '859 Patent by US Patent & Trademark Office. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion for Stay 15 .) (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-01 17 0 Declaration of Kimberly Sewell in Support of Motion to Stay Litigation Pending Request for Reexamination of '859 Patent. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion for Stay 15 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-01 18 0 Motion to Expedite or Accelerate Abatement of Discovery Pending Ruling on Motion to Stay. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-01 19 0 Memorandum in Support of Abatement of Discovery Pending Ruling on Motion to Stay. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion to Expedite 18 .) (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-01 20 0 Declaration of Kimberly Sewell in Support of Abatement of Discovery Pending Ruling on Motion to Stay. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion to Expedite 18 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Sewell, Kimberly) (Entered: 08/01/2012)
2012-08-03 21 0 Joint ADR Report . Filed by Tri-County Metropolitan Transportation District of Oregon.(Sewell, Kimberly) (Entered: 08/03/2012)
2012-08-08 22 0 Order - Defendant TriMet has sought expedited consideration on Defendant TriMet's Motion to Abate Discovery Pending Ruling on Motion to Stay 18 , which was filed on August 1, 2012. In light of Defendant's request for expedited consideration, the Court hereby shortens Plaintiffs' deadline for responding to that motion 18 from 14 days to just over 7 days, strikes any additional three-day extension, and rules that if any Plaintiff desires to be heard on this motion, responses are due no later than 2 p.m. on Thursday, August 9, 2012. This schedule does not affect Plaintiffs' deadline for responding to Defendant's Motion for Stay of Litigation Pending Request for Reexamination of '859 Patent by U.S. PTO 15 , which continues to be governed by local rules.. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/08/2012)
2012-08-09 23 0 Response to Motion to Expedite or Accelerate Abatement of Discovery Pending Ruling on Motion to Stay 18 . Filed by All Plaintiffs. (Johnson, Alexander) (Entered: 08/09/2012)
2012-08-10 24 0 ORDER - GRANTING Defendant TriMet's Motion to Abate Discovery Pending Ruling on Motion to Stay 18 . On August 1, 2012, Defendant TriMet filed a motion to stay this lawsuit pending its request of the U.S. Patent & Trademark Office for a reexamination of the '859 Patent, which is at issue in this case 15 . Plaintiffs' response to TriMet's motion to stay is due on August 20, 2012. On July 12, 2012, Plaintiffs served document and interrogatory discovery requests on TriMet, responses to which are due on August 14, 2012. TriMet has moved for a brief abatement of discovery pending the court's ruling on TriMet's motion to stay 18 . TriMet argues that, among other things: (1) if the court denies TriMet's motion to stay, the delay in discovery will only be a matter of weeks rather than months and there is less urgency in this case because the parties are not market competitors; (2) Plaintiff ArrivalStar has already received many responsive documents as a result of TriMet's request for reexamination; and (3) TriMet will incur substantial burden and expense in responding to the pending discovery requests if a modest discovery abatement is not ordered. In response, ArrivalStar primarily argues that its Initial Infringement Contentions are due on August 20, 2012, per the court's scheduling order 12 , which adopted the parties' jointly proposed discovery schedule 9 . ArrivalStar states that it will be at a "tactical disadvantage" if it does not receive TriMet's discovery responses before August 20th. ArrivalStar does not argue, however, that it needs any of the requested discovery to respond to TriMet's motion to stay this lawsuit pending reexamination. This fact distinguishes the present dispute from the case primarily relied upon by ArrivalStar, O'Grady-Sullivan v. Nevada, 2012 WL 3012434 (D. Nev. July 23, 2012). In that case, the non-moving party had a demonstrable need for the requested discovery in order to effectively respond to an underlying motion for summary judgment. Id. at *2. Here, the only prejudice to ArrivalStar relates to its upcoming obligation under the jointly proposed discovery schedule 9 . Accordingly, if ArrivalStar timely moves to suspend all deadlines stated in the jointly proposed discovery schedule 9 , the court would anticipate granting such a motion in order to eliminate prejudice to ArrivalStar. With that prejudice eliminated, the court finds persuasive TriMet's reasons for its Motion to Abate Discovery Pending Ruling on Motion to Stay 18 and hereby GRANTS that motion. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/10/2012)
2012-08-20 25 0 Response in Opposition to Motion for Stay of Litigation Pending Request for Reexamination of '859 Patent by US Patent & Trademark Office 15 . Filed by All Plaintiffs. (Johnson, Alexander) (Entered: 08/20/2012)
2012-08-24 26 0 Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Attachment) (Johnson, Alexander) (Entered: 08/24/2012)
2012-08-24 27 0 Memorandum in Support of Motion for Leave to Amend the Complaint. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 26 .) (Attachments: # 1 Exhibit A-C) (Johnson, Alexander) (Entered: 08/24/2012)
2012-09-06 28 0 Reply to Motion for Stay of Litigation Pending Request for Reexamination of '859 Patent by US Patent & Trademark Office 15 oral argument requested. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 09/06/2012)
2012-09-06 29 0 Supplemental Declaration of Kimberly Sewell in Support of Motion to Stay. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion for Stay 15 .) (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13) (Sewell, Kimberly) (Entered: 09/06/2012)
2012-09-10 30 0 Response to Motion for Leave to File Amended Complaint/Petition 26 Oral Argument requested. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 09/10/2012)
2012-09-10 31 0 Declaration of Kimberly Sewell in Support of Defendant TriMet's Response to Plaintiffs' Motion for Leave to Amend the Complaint. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Response to Motion 30 .) (Attachments: # 1 Exhibit 1) (Sewell, Kimberly) (Entered: 09/10/2012)
2012-09-14 32 0 Order - Setting Oral Argument on Defendant's Motion to Stay 15 , and Plaintiff's Motion for Leave to File an Amended Complaint 26 for 10/10/2012 at 01:30PM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/14/2012)
2012-09-26 33 0 Reply to TriMet's Response to Motion for Leave to File Amended Complaint/Petition 26 . Filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Johnson, Alexander) (Entered: 09/26/2012)
2012-09-26 34 0 Declaration of Brian Lynch in Support of Plaintiffs' Reply in Support of Its Motion for Leave to Amend Complaint. Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 26 .) (Johnson, Alexander) (Entered: 09/26/2012)
2012-10-03 35 0 Motion for Leave to File Supplemental Materials Regarding Motion to Stay and Motion for Leave to Amend Complaint. oral argument requested. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 10/03/2012)
2012-10-03 36 0 Supplement Memorandum Regarding Motion to Stay and Motion for Leave to Amend Complaint. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion for Leave 35 .) (Sewell, Kimberly) (Entered: 10/03/2012)
2012-10-03 37 0 Declaration of Kimberly Sewell in Support of TriMet's Supplemental Memorandum Regarding Motion to Stay and Motion for Leave to Amend Complaint. Filed by Tri-County Metropolitan Transportation District of Oregon. (Related document(s): Motion for Leave 35 .) (Attachments: # 1 Exhibit 14, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17) (Sewell, Kimberly) (Entered: 10/03/2012)
2012-10-03 38 0 ORDER - Granting Tri-County's Unopposed Motion for Leave to File Supplemental Materials 35 . Ordered by Judge Michael H. Simon. (mja) Modified on 10/4/2012 (tg). (Entered: 10/03/2012)
2012-10-10 39 0 Minutes of Motion Hearing: Order - Plaintiff's Motion for Leave to File Amended Complaint 26 and Plaintiff's Motion for Stay of Litigation Pending Request for Reexamination of '859 Patent by US Patent & Trademark Office 15 are taken under advisement this date. The parties shall submit supplemental briefing by 10/25/2012. Anthony E. Dowell and Geoffrey D. Smith present as counsel for plaintiff(s). Kimberly A. Sewell present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Michael H. Simon presiding. (mja) (Entered: 10/10/2012)
2012-10-23 40 0 Joint Motion for Extension of Time to file Supplemental Briefs. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 10/23/2012)
2012-10-24 41 0 ORDER - Granting the Parties Joint Motion for Extension of Time 40 . Supplemental Briefing due by 11/8/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/24/2012)
2012-11-06 42 0 Stipulated Motion for Extension of Time to File Supplemental Briefs. Filed by Tri-County Metropolitan Transportation District of Oregon. (Sewell, Kimberly) (Entered: 11/06/2012)
2012-11-06 43 0 ORDER - Granting Tri-County Metropolitan Transportation of Oregon's Stipulated Motion for Extension of Time to File Supplemental Briefs 42 . Supplemental Briefing due by 11/15/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/06/2012)
2012-11-09 44 0 Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the court is extending the deadline for filing supplemental briefing to 12/5/2012. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/09/2012)
2012-12-04 45 0 Stipulated Notice of Voluntary Dismissal with Prejudice Filed by Tri-County Metropolitan Transportation District of Oregon (Sewell, Kimberly) (Entered: 12/04/2012)
2013-03-04 46 0 Patent Report: CLOSING REPORT - Stipulated Notice of Dismissal filed on 12/4/2012. (peg) Modified on 3/4/2013 (peg). (Entered: 03/04/2013)