Business Process Modeling Solutions LLC v. Red Hat, Inc.
Federal Civil Lawsuit Texas Northern District Court, Case No. 3:12-cv-00999
District Judge Barbara M. G. Lynn, presiding

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No Logo Business Process Modeling Solutions LLC, Plaintiff

Toggle Switch Represented by Prebeg, Faucett & Abbott, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Stephen W Abbott +1 832 742 9260 +1 832 742 9261 sabbott@pfalawfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Matthew S Compton, Jr. +1 832 742 9260 +1 832 742 9261 mcompton@PFAlawfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Christopher M Faucett +1 832 742 9260 +1 832 742 9261 cfaucett@pfalawfirm.com
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Matthew J M Prebeg +1 832 742 9260 +1 832 742 9261 mprebeg@pfalawfirm.com

Toggle Switch Represented by Steed Flagg Lamberth LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing C Timothy Reynolds +1 469 698 4200 +1 469 698 4201 timreynolds@steedlawfirm.com
v.
Red Hat, Inc. Red Hat, Inc., Defendant

Toggle Switch Represented by Fish & Richardson, PC

Name Phone Fax E-Mail
TERMINATED: 07/24/2012, Bar Status: Admitted/In Good Standing Kent Will Harris +1 214 747 5070 +1 214 747 2091 koharris@fr.com

Toggle Switch Represented by Kilpatrick Townsend & Stockton, LLP

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted William Henry Boice +1 404 815 6464 +1 404 541 3134 bboice@kilpatricktownsend.com
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted J. Steven Gardner +1 336 607 7300 +1 336 607 7500 sgardner@kilpatricktownsend.com
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted Carl Sanders +1 336 607 7474 +1 336 607 7500 csanders@kilpatricktownsend.com
PRO HAC VICE, ATTORNEY TO BE NOTICED, Bar Status: Not Admitted E. Danielle T. Williams +1 336 607 7306 +1 336 607 7500 dtwilliams@kilpatricktownsend.com

Toggle Switch Represented by Sayles Werbner

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Richard A Sayles +1 214 939 8701 + 214 939 8787 dsayles@swtriallaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Bar Status: Admitted/In Good Standing Mark Daniel Strachan +1 214 939 8707 +1 214 939 8787 mstrachan@swtriallaw.com
Citation Section 15 U.S.C. § 1126
Nature of Suit 830 - Property Rights: Patent
  Entries (88) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 88 Filed: 5/23/2013, Entered: None
Report to Patent/Trademark Office of Stipulation of Dismissal. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (ndt) (Entered: 05/23/2013)
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    Legal Document (Payment Possibly Required) 87 Filed: 5/23/2013, Entered: None
    Joint STIPULATION OF DISMISSAL With Prejudice by Business Process Modeling Solutions LLC, Red Hat Inc. (Sayles, Richard) (Entered: 05/23/2013)
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      Legal Document (Payment Possibly Required) 86 Filed: 5/14/2013, Entered: None Court Filing
      Letter from the Court to Counsel Regarding Settlement; dismissal papers due 5/29/2013. (Signed by Judge Barbara M.G. Lynn on 5/14/2013) (tln) (Entered: 05/14/2013)
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        Legal Document (Payment Possibly Required) 85 Filed: 5/10/2013, Entered: None
        Joint NOTICE of Settlement filed by Business Process Modeling Solutions LLC, Red Hat Inc (Sayles, Richard) (Entered: 05/10/2013)
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          Legal Document (Payment Possibly Required) 84 Filed: 5/7/2013, Entered: None Court Filing
          ORDER granting 83 Joint Motion to Extend the Deadline to Submit a Joint Claim Construction Prehearing Statement. The deadline to submit a Joint Claim Construction Prehearing Statement is extended to 5/13/2013. (Ordered by Judge Barbara M.G. Lynn on 5/7/2013) (tln) (Entered: 05/07/2013)
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            Legal Document (Payment Possibly Required) 83 Filed: 5/6/2013, Entered: None
            Joint MOTION for Extension of Time to File Joint Claim Construction Prehearing Statement filed by Business Process Modeling Solutions LLC, Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) (Entered: 05/06/2013)
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              Legal Document (Payment Possibly Required) 82 Filed: 5/2/2013, Entered: None Court Filing
              ORDER granting 81 Motion to Extend Time. The deadline to submit a Joint Claim Construction Prehearing Statement is extended to 5/6/2013. (Ordered by Judge Barbara M.G. Lynn on 5/2/2013) (tla) (Entered: 05/02/2013)
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                Legal Document (Payment Possibly Required) 81 Filed: 5/1/2013, Entered: None
                Joint MOTION to Extend Time Deadline to extend Joint Claim Construction Prehearing Statement filed by Business Process Modeling Solutions LLC, Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) (Entered: 05/01/2013)
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                  Legal Document (Payment Possibly Required) 80 Filed: 4/29/2013, Entered: None Court Filing
                  ORDER granting 79 Motion to Extend Time. The deadline to submit a Joint Claim Construction Prehearing Statement is extended to 5/1/2013. (Ordered by Judge Barbara M.G. Lynn on 4/29/2013) (tla) (Entered: 04/29/2013)
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                    Legal Document (Payment Possibly Required) 79 Filed: 4/26/2013, Entered: None
                    Joint MOTION to Extend Deadline to Submit Joint Claim Construction Prehearing Statement and Completion of Claim Construction Discovery filed by Business Process Modeling Solutions LLC, Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) Modified text on 4/29/2013 (rlw). (Entered: 04/26/2013)
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                      Legal Document (Payment Possibly Required) 78 Filed: 4/23/2013, Entered: None Court Filing
                      ORDER granting 77 Joint Motion for Extension of Time to File. The deadline to submit a Joint Claim Construction Prehearing Statement is extended to 4/26/2013. (Ordered by Judge Barbara M.G. Lynn on 4/23/2013) (aaa) (Entered: 04/23/2013)
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                        Legal Document (Payment Possibly Required) 77 Filed: 4/19/2013, Entered: None
                        Joint MOTION to Extend Deadline to Submit a Joint Claim Construction Prehearing Statement filed by Business Process Modeling Solutions LLC, Red Hat Inc. Proposed Order (Abbott, Stephen) Modified text on 4/22/2013 (rlw). (Entered: 04/19/2013)
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                          Legal Document (Payment Possibly Required) 76 Filed: 4/16/2013, Entered: None Court Filing
                          ORDER granting 75 Joint MOTION to Extend Time to Submit Protective Order. The deadline to file a protective order is extended to 5/10/2013. (Ordered by Judge Barbara M.G. Lynn on 4/16/2013) (jrr) (Entered: 04/16/2013)
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                            Legal Document (Payment Possibly Required) 75 Filed: 4/12/2013, Entered: None
                            Joint MOTION to Extend Time to Submit Protective Order filed by Business Process Modeling Solutions LLC, Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) (Entered: 04/12/2013)
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                              Legal Document (Payment Possibly Required) 74 Filed: 4/5/2013, Entered: None Court Filing
                              ORDER GRANTING UNOPPOSED MOTION TO CONTINUE CLAIM CONSTRUCTION HEARING AND TO EXTEND DEADLINES: Claim Construction Hearing set for 6/27/2013 at 09:00 AM before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 4/5/2013) (cea) (Entered: 04/05/2013)
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                                Legal Document (Payment Possibly Required) 73 Filed: 3/28/2013, Entered: None Court Filing
                                ELECTRONIC ORDER granting 72 Unopposed Motion to Extend Deadlines and Continue Claim Construction Hearing. An Order resetting the deadlines will be entered shortly. (Ordered by Judge Barbara M.G. Lynn on 3/28/2013) (chmb) (Entered: 03/28/2013)
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                                  Legal Document (Payment Possibly Required) 72 Filed: 3/22/2013, Entered: None
                                  Unopposed Motion to Extend Deadlines and Continue Claim Construction Hearing filed by Business Process Modeling Solutions LLC (Attachments: # 1 Proposed Order) (Abbott, Stephen) Modified text on 3/25/2013 (rlw). (Entered: 03/22/2013)
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                                    Legal Document (Payment Possibly Required) 71 Filed: 3/13/2013, Entered: None Court Filing
                                    PATENT SCHEDULING ORDER: Jury Trial set for three-week docket beginning 5/12/2014 09:00 AM before Judge Barbara M.G. Lynn. Joinder of Parties due by 5/15/2013. Amended Pleadings due by 5/15/2013. Motions due by 2/28/2014. Factual Discovery due by 11/8/2013. Expert Discovery due by 12/30/2013. Settlement Status Report due by 11/12/2013. Pretrial Order due by 4/28/2014. Pretrial Materials due by 4/28/2014. Pretrial Conference set for 5/9/2014 10:00 AM before Judge Barbara M.G. Lynn. (Ordered by Judge Barbara M.G. Lynn on 3/13/2013) (axm) (Entered: 03/13/2013)
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                                      Legal Document (Payment Possibly Required) 70 Filed: 3/7/2013, Entered: None
                                      NOTICE of Compliance with Rule 4-2 filed by Red Hat Inc (Sayles, Richard) (Entered: 03/07/2013)
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                                        Legal Document (Payment Possibly Required) 69 Filed: 3/6/2013, Entered: None
                                        NOTICE of Compliance (served Preliminary Claim Constructions and Identification of Extrinsic Evidence) filed by Business Process Modeling Solutions LLC (Abbott, Stephen) (Entered: 03/06/2013)
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                                          Legal Document (Payment Possibly Required) 68 Filed: 2/28/2013, Entered: None
                                          NOTICE of Compliance with Rule 4-1 filed by Red Hat Inc (Sayles, Richard) (Entered: 02/28/2013)
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                                            Legal Document (Payment Possibly Required) 67 Filed: 2/27/2013, Entered: None
                                            NOTICE of Compliance (served Court's Misc. Order No. 62, Rule 4-1 Identification of Claim Terms for Construction on Defendant's counsel) filed by Business Process Modeling Solutions LLC (Prebeg, Matthew) (Entered: 02/27/2013)
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                                              Legal Document (Payment Possibly Required) 66 Filed: 2/11/2013, Entered: None Court Filing
                                              Notice of Filing of Official Electronic Transcript of Technology Tutorial Proceedings held on January 30, 2013 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber P. Sue Engledow, Telephone number 214.753.2325. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (60 pages) Redaction Request due 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/13/2013. (pse) (Entered: 02/11/2013)
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                                                Legal Document (Payment Possibly Required) 65 Filed: 1/30/2013, Entered: None Court Filing
                                                ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Technology Tutorial held on 1/30/2013. The parties presented a technology tutorial to the Court to inform the Court about the relevant technology at issue in this case. Attorney Appearances: Plaintiff - Stephen Abbott, Matthew Compton; Defense - Mark Strachan, Dick Sayles, Steve Gardner, Danielle Williams, Mark Reiter, Noema Jalali, Carl Sanders, David Perry, Bill Boice. (Court Reporter: Sue Engledow) (No exhibits) Time in Court - 1:40. (chmb) (Entered: 02/01/2013)
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                                                  Legal Document (Payment Possibly Required) 64 Filed: 1/25/2013, Entered: None
                                                  REPLY filed by Red Hat Inc re: 59 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C) (Sayles, Richard) (Entered: 01/25/2013)
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                                                    Legal Document (Payment Possibly Required) 63 Filed: 1/14/2013, Entered: None
                                                    RESPONSE BRIEF filed by Business Process Modeling Solutions LLC re: 59 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Declaration of Stephen W. Abbott (Attaching Exhibits A-D), # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D) (Abbott, Stephen) Modified title on 1/15/2013 (rlw). (Entered: 01/14/2013)
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                                                      Legal Document (Payment Possibly Required) 62 Filed: 1/8/2013, Entered: None Court Filing
                                                      ELECTRONIC ORDER GRANTING Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss [Docket Entry #61]. The deadline to respond to Defendant Red Hat's Motion to Dismiss is extended to January 14, 2013. (Ordered by Judge Barbara M.G. Lynn on 1/8/2013) (Judge Barbara M.G. Lynn) (Entered: 01/08/2013)
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                                                        Legal Document (Payment Possibly Required) 61 Filed: 1/7/2013, Entered: None
                                                        Unopposed MOTION to Extend Time Unopposed Extension of Time to Respond filed by Business Process Modeling Solutions LLC (Attachments: # 1 Proposed Order) (Abbott, Stephen) (Entered: 01/07/2013)
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                                                          Legal Document (Payment Possibly Required) 60 Filed: 12/18/2012, Entered: None
                                                          Brief/Memorandum in Support filed by Red Hat Inc re 59 Motion to Dismiss for Failure to State a Claim re: First Amended Complaint (Attachments: # 1 Exhibit(s) 1) (Sayles, Richard) (Entered: 12/18/2012)
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                                                            Legal Document (Payment Possibly Required) 59 Filed: 12/18/2012, Entered: None
                                                            Motion to Dismiss for Failure to State a Claim Under Rule 12(B)(6) of the Federal Rules of Civil Procedure re: 56 First Amended Complaint, filed by Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) Modified on 12/19/2012 (rlw). (Entered: 12/18/2012)
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                                                              Legal Document (Payment Possibly Required) 58 Filed: 12/18/2012, Entered: None
                                                              Joint STATUS REPORT Regarding Contents of Scheduling Order filed by Business Process Modeling Solutions LLC, Red Hat Inc. (Attachments: # 1 Exhibit(s) A - Proposed Scheduling Order, # 2 Exhibit(s) B - Model Order re E-discovery, # 3 Proposed Order) (Sayles, Richard) (Entered: 12/18/2012)
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                                                                Legal Document (Payment Possibly Required) 57 Filed: 12/7/2012, Entered: None
                                                                Joint Notice of Supplemental Authority filed by Business Process Modeling Solutions LLC, Red Hat (Attachments: # 1 Exhibit(s) A) (Abbott, Stephen) Modified on 12/10/2012 (rlw). (Entered: 12/07/2012)
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                                                                  Legal Document (Payment Possibly Required) 56 Filed: 12/7/2012, Entered: None
                                                                  FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT WITH JURY DEMAND against Red Hat Inc filed by Business Process Modeling Solutions LLC. (Attachments: # 1 Exhibit(s) A) (Abbott, Stephen) Modified on 12/10/2012 (rlw). (Entered: 12/07/2012)
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                                                                    Legal Document (Payment Possibly Required) 55 Filed: 12/3/2012, Entered: None Court Filing
                                                                    ORDER granting 51 , 52 Motion for Leave to File. Plaintiff shall file its Amended Complaint within seven days of this Order. (Ordered by Judge Barbara M.G. Lynn on 12/3/2012) (aaa) (Entered: 12/04/2012)
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                                                                      Legal Document (Payment Possibly Required) 54 Filed: 12/3/2012, Entered: None Court Filing
                                                                      ORDER SETTING HEARING: A technology tutorial is SET in this case for Wednesday, 1/30/2013 at 1:30 p.m. The parties should convene in Courtroom 1570, Earle Cabell Federal Building, 1100 Commerce Street, Dallas, Texas. (Ordered by Judge Barbara M.G. Lynn on 12/3/2012) (aaa) (Entered: 12/04/2012)
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                                                                        Legal Document (Payment Possibly Required) 53 Filed: 12/3/2012, Entered: None Court Filing
                                                                        ELECTRONIC ORDER CANCELLING HEARING: The motion hearing previously set for Tuesday, December 4, 2012, at 2:00 p.m., is CANCELLED and will be reset by separate order. (Ordered by Judge Barbara M.G. Lynn on 12/3/2012) (chmb) (Entered: 12/03/2012)
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                                                                          Legal Document (Payment Possibly Required) 52 Filed: 11/28/2012, Entered: None
                                                                          Joint MOTION for Leave to File Joint Notice of Supplemental Authority filed by Business Process Modeling Solutions LLC, Red Hat Inc (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Abbott, Stephen) (Entered: 11/28/2012)
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                                                                            Legal Document (Payment Possibly Required) 51 Filed: 11/28/2012, Entered: None
                                                                            MOTION for Leave to File First Amended Complaint for Patent Infringement filed by Business Process Modeling Solutions LLC (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order) (Abbott, Stephen) (Entered: 11/28/2012)
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                                                                              Legal Document (Payment Possibly Required) 50 Filed: 11/28/2012, Entered: None
                                                                              NOTICE of Attorney Appearance by Matthew S Compton, Jr on behalf of Business Process Modeling Solutions LLC. (Filer confirms contact info in ECF is current.) (Compton, Matthew) (Entered: 11/28/2012)
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                                                                                Legal Document (Payment Possibly Required) 49 Filed: 11/28/2012, Entered: None
                                                                                NOTICE of Attorney Appearance by Matthew JM Prebeg on behalf of Business Process Modeling Solutions LLC. (Filer confirms contact info in ECF is current.) (Prebeg, Matthew) (Entered: 11/28/2012)
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                                                                                  Legal Document (Payment Possibly Required) 48 Filed: 11/27/2012, Entered: None Court Filing
                                                                                  AMENDED ORDER SETTING HEARING: The Court requests a tutorial on the technology relating to the 5,873,094 patent prior to hearing oral argument on the 25 Defendant's Motion to Dismiss. The parties shall confer promptly to determine whether they can be ready to present a technology tutorial on 12/4/2012, at 2 p.m., and advise the Court by 11/30/2012, at noon of the results of their conference. If a tutorial cannot be prepared by that date, the Court will schedule a new date for the tutorial. No hearing will take place on the Motion to Dismiss until the tutorial occurs. (Ordered by Judge Barbara M.G. Lynn on 11/27/2012) (axm) (Entered: 11/28/2012)
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                                                                                    Legal Document (Payment Possibly Required) 47 Filed: 11/8/2012, Entered: None Court Filing
                                                                                    ORDER SETTING HEARING: Motion Hearing set for 12/4/2012 02:00 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Judge Barbara M.G. Lynn. re: 25 Motion to Dismiss for Failure to State a Claim (Ordered by Judge Barbara M.G. Lynn on 11/8/2012) (chmb) (Entered: 11/08/2012)
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                                                                                      Legal Document (Payment Possibly Required) 46 Filed: 11/6/2012, Entered: None Court Filing
                                                                                      ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Report due by 12/18/2012. (Ordered by Judge Barbara M.G. Lynn on 11/6/2012) (Attachments: # 1 consent letter, # 2 consent) (tln) (Entered: 11/06/2012)
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                                                                                        Legal Document (Payment Possibly Required) 45 Filed: 11/5/2012, Entered: None Court Filing
                                                                                        ORDER: In light of the pending 25 Motion to Dismiss, the Court hereby ORDERS that all discovery be stayed until a subsequent Court Order lifting such stay. (Ordered by Judge Barbara M.G. Lynn on 11/5/2012) (tln) (Entered: 11/06/2012)
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                                                                                          Legal Document (Payment Possibly Required) 44 Filed: 11/5/2012, Entered: None
                                                                                          Sur-reply filed by Red Hat Inc re: 25 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2) (Sayles, Richard) (Entered: 11/05/2012)
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                                                                                            Legal Document (Payment Possibly Required) 43 Filed: 11/1/2012, Entered: None
                                                                                            Sur-reply filed by Business Process Modeling Solutions LLC re: 25 Motion to Dismiss for Failure to State a Claim (Abbott, Stephen) (Entered: 11/01/2012)
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                                                                                              Legal Document (Payment Possibly Required) 42 Filed: 10/30/2012, Entered: None Court Filing
                                                                                              ORDER: In light of the pending Motion to Dismiss in Civil Action No. 3:12-cv-999-M [Docket Entry #25], the Court hereby ORDERS that Civil Action No. 3:12-cv-996-M no longer be consolidated with Civil Action No. 3:12-cv-999-M for pretrial purposes. (Ordered by Judge Barbara M.G. Lynn on 10/30/2012) (ctf) (Entered: 10/30/2012)
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                                                                                                Legal Document (Payment Possibly Required) 41 Filed: 10/29/2012, Entered: None Court Filing
                                                                                                ORDER granting 36 Motion for Leave to File a Sur-Reply to Motion to Dismiss. Plaintiff shall file its sur-reply within five (5) days of the date of this Order. Defendant may file a response to Plaintiff's sur-reply withing seven (7) days after the date Plaintiff files it sur-reply. (Ordered by Judge Barbara M.G. Lynn on 10/29/2012) (axm) (Entered: 10/29/2012)
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                                                                                                  Legal Document (Payment Possibly Required) 40 Filed: 10/23/2012, Entered: None
                                                                                                  NOTICE of Compliance filed by Business Process Modeling Solutions LLC (Abbott, Stephen) (Entered: 10/23/2012)
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                                                                                                    Legal Document (Payment Possibly Required) 39 Filed: 10/2/2012, Entered: None
                                                                                                    Brief/Memorandum in Support filed by Red Hat Inc re 38 Response/Objection, to Plaintiff's Motion for Leave to File Sur-Reply, and Alternatively, Brief in Support of Opposed Motion for Leave to File a Response to Plaintiff's Sur-Reply (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A-1, # 3 Exhibit(s) A-2, # 4 Exhibit(s) B) (Sayles, Richard) (Entered: 10/02/2012)
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                                                                                                      Legal Document (Payment Possibly Required) 38 Filed: 10/2/2012, Entered: None
                                                                                                      (RESPONSE) OPPOSITION OF RED HAT, INC. TO PLAINTIFF'S MOTION FOR LEAVE TO FILE SUR-REPLY, AND ALTERNATIVELY, OPPOSED MOTION FOR LEAVE TO FILE RESPONSE TO PLAINTIFF'S SUR-REPLY filed by Red Hat Inc re: 36 MOTION for Leave to File Sur-Reply (Attachments: # 1 Proposed Order) (Sayles, Richard) Modified on 10/3/2012 (rlw). Modified on 10/3/2012 (rlw). (Entered: 10/02/2012)
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                                                                                                        Legal Document (Payment Possibly Required) 37 Filed: 9/18/2012, Entered: None
                                                                                                        Brief/Memorandum in Support filed by Business Process Modeling Solutions LLC re 36 MOTION for Leave to File Sur-ReplyPlaintiff's Opposed Motion for Leave to File a Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss "Plaintiff's Brief in Support of Plaintiff's Opposed Motion for Leave to File a Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss" (Attachments: # 1 Exhibit(s) A) (Abbott, Stephen) (Entered: 09/18/2012)
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                                                                                                          Legal Document (Payment Possibly Required) 36 Filed: 9/18/2012, Entered: None
                                                                                                          MOTION for Leave to File Sur-Reply to Defendant's Reply in Support of its Motion to Dismiss filed by Business Process Modeling Solutions LLC (Attachments: # 1 Proposed Order) (Abbott, Stephen) Modified text on 9/19/2012 (aaa). (Entered: 09/18/2012)
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                                                                                                            Legal Document (Payment Possibly Required) 35 Filed: 9/6/2012, Entered: None
                                                                                                            REPLY filed by Red Hat Inc re: 25 Motion to Dismiss for Failure to State a Claim (Sayles, Richard) (Entered: 09/06/2012)
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                                                                                                              Legal Document (Payment Possibly Required) 34 Filed: 8/23/2012, Entered: None
                                                                                                              RESPONSE BRIEF in Opposition filed by Business Process Modeling Solutions LLC re: 25 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A.1, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M, # 15 Exhibit(s) N, # 16 Exhibit(s) O) (Abbott, Stephen) Modified on 8/24/2012 (skt). (Entered: 08/23/2012)
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                                                                                                                Legal Document (Payment Possibly Required) 33 Filed: 8/8/2012, Entered: None Court Filing
                                                                                                                ELECTRONIC ORDER GRANTING 32 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Brief in Support. Plaintiff's Response to Defendant's Motion to Dismiss is due on or before August 23, 2012. (Ordered by Judge Barbara M.G. Lynn on 8/8/2012) (Judge Barbara M.G. Lynn) (Entered: 08/08/2012)
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                                                                                                                  Legal Document (Payment Possibly Required) 32 Filed: 8/7/2012, Entered: None
                                                                                                                  Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's re: 25 Motion to Dismiss for Failure to State a Claim, 26 Brief/Memorandum in Support of Motion filed by Business Process Modeling Solutions LLC (Attachments: # 1 Proposed Order) (Abbott, Stephen) (Entered: 08/07/2012)
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                                                                                                                    Legal Document (Payment Possibly Required) 31 Filed: 8/2/2012, Entered: None Court Filing
                                                                                                                    ORDER granting 30 Application for Admission Pro Hac Vice of William H. Boice. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Barbara M.G. Lynn on 8/2/2012) (twd) (Entered: 08/03/2012)
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                                                                                                                      Legal Document (Payment Possibly Required) 30 Filed: 7/31/2012, Entered: None
                                                                                                                      Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney William H. Boice (Filing fee $25; Receipt number 0539-4727390) filed by Red Hat Inc (Sayles, Richard) (Entered: 07/31/2012)
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                                                                                                                        Legal Document (Payment Possibly Required) 29 Filed: 7/24/2012, Entered: None Court Filing
                                                                                                                        ORDER granting 27 Motion to Withdraw as Attorney. Attorney Kent Will Harris terminated. (Ordered by Judge Barbara M.G. Lynn on 7/24/2012) (skt) (Entered: 07/24/2012)
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                                                                                                                          Legal Document (Payment Possibly Required) 28 Filed: 7/21/2012, Entered: None
                                                                                                                          CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Red Hat Inc identifying Corporate Parent/Other Affiliate T. Rowe Price Associates, Inc., Corporate Parent/Other Affiliate Fidelity Management and Research Company for Red Hat Inc. (Sayles, Richard) (Entered: 07/21/2012)
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                                                                                                                            Legal Document (Payment Possibly Required) 27 Filed: 7/20/2012, Entered: None
                                                                                                                            Unopposed MOTION to Withdraw as Attorney filed by Red Hat Inc (Attachments: # 1 Proposed Order) (Harris, Kent) (Entered: 07/20/2012)
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                                                                                                                              Legal Document (Payment Possibly Required) 26 Filed: 7/19/2012, Entered: None
                                                                                                                              Brief/Memorandum in Support filed by Red Hat Inc re 25 Motion to Dismiss for Failure to State a Claim (Attachments: # 1 Exhibit(s) 1) (Sayles, Richard) (Entered: 07/19/2012)
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                                                                                                                                Legal Document (Payment Possibly Required) 25 Filed: 7/19/2012, Entered: None
                                                                                                                                Motion to Dismiss for Failure to State a Claim filed by Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) (Entered: 07/19/2012)
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                                                                                                                                  Legal Document (Payment Possibly Required) 24 Filed: 7/16/2012, Entered: None Court Filing
                                                                                                                                  ORDER granting 21 Application for Admission Pro Hac Vice of Steven Gardner. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Barbara M.G. Lynn on 7/16/2012) (axm) (Entered: 07/17/2012)
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                                                                                                                                    Legal Document (Payment Possibly Required) 23 Filed: 7/16/2012, Entered: None Court Filing
                                                                                                                                    ORDER granting 20 Application for Admission Pro Hac Vice of Carl E Sanders. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Barbara M.G. Lynn on 7/16/2012) (axm) (Entered: 07/17/2012)
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                                                                                                                                      Legal Document (Payment Possibly Required) 22 Filed: 7/16/2012, Entered: None Court Filing
                                                                                                                                      ORDER granting 19 Application for Admission Pro Hac Vice of E. Danielle Thompson Williams. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Barbara M.G. Lynn on 7/16/2012) (axm) (Entered: 07/17/2012)
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                                                                                                                                        Legal Document (Payment Possibly Required) 21 Filed: 7/11/2012, Entered: None
                                                                                                                                        Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Steven Gardner (Filing fee $25; Receipt number 0539-4687081) filed by Red Hat Inc (Sayles, Richard) (Entered: 07/11/2012)
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                                                                                                                                          Legal Document (Payment Possibly Required) 20 Filed: 7/11/2012, Entered: None
                                                                                                                                          Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Carl E. Sanders (Filing fee $25; Receipt number 0539-4687073) filed by Red Hat Inc (Sayles, Richard) (Entered: 07/11/2012)
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                                                                                                                                            Legal Document (Payment Possibly Required) 19 Filed: 7/11/2012, Entered: None
                                                                                                                                            Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney E. Danielle Thompson Williams (Filing fee $25; Receipt number 0539-4687052) filed by Red Hat Inc (Sayles, Richard) (Entered: 07/11/2012)
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                                                                                                                                              Legal Document (Payment Possibly Required) 18 Filed: 6/21/2012, Entered: None Court Filing
                                                                                                                                              ELECTRONIC ORDER GRANTING 16 Defendant's Unopposed Second Motion for Extension of Time to Respond to Complaint. Defendant may answer or otherwise respond to Plaintiff's Complaint on or before July 19, 2012. (Ordered by Judge Barbara M.G. Lynn on 6/21/2012) (Judge Barbara M.G. Lynn) (Entered: 06/21/2012)
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                                                                                                                                                Legal Document (Payment Possibly Required) 17 Filed: 6/19/2012, Entered: None
                                                                                                                                                NOTICE of Attorney Appearance by Mark Daniel Strachan on behalf of Red Hat Inc. (Strachan, Mark) (Entered: 06/19/2012)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 16 Filed: 6/19/2012, Entered: None
                                                                                                                                                  Unopposed Motion for Extension of Time to File Answer filed by Red Hat Inc (Attachments: # 1 Proposed Order) (Sayles, Richard) (Entered: 06/19/2012)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 15 Filed: 6/19/2012, Entered: None
                                                                                                                                                    NOTICE of Attorney Appearance by Richard A Sayles on behalf of Red Hat Inc. (Sayles, Richard) (Entered: 06/19/2012)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 14 Filed: 4/30/2012, Entered: None Court Filing
                                                                                                                                                      ELECTRONIC ORDER GRANTING 11 Motion for Extension of Time. Defendant may answer or otherwise respond to Plaintiff's Complaint on or before June 19, 2012. (Ordered by Judge Barbara M.G. Lynn on 4/30/2012) (Judge Barbara M.G. Lynn) (Entered: 04/30/2012)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 13 Filed: 4/23/2012, Entered: None Court Filing
                                                                                                                                                        ORDER: The above-referenced case is TRANSFERRED to the docket of the Honorable Judge Barbara Lynn. (Ordered by Judge Jorge A Solis on 4/23/2012) (tln) (Entered: 04/23/2012)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 12 Filed: 4/20/2012, Entered: None
                                                                                                                                                          Notice of Correction of Signature Omission, correcting signature omission in 10 Notice of Attorney Appearance filed by Red Hat, Inc.. (Harris, Kent) (Entered: 04/20/2012)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 11 Filed: 4/19/2012, Entered: None
                                                                                                                                                            Unopposed Motion for Extension of Time to File Answer filed by Red Hat, Inc. (Attachments: # 1 Proposed Order) (Harris, Kent) Modified on 4/20/2012 to edit docket text to show Motion is Unopposed (cea). (Entered: 04/19/2012)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 10 Filed: 4/19/2012, Entered: None
                                                                                                                                                              NOTICE of Attorney Appearance by Kent Will Harris on behalf of Red Hat, Inc. Party Defendant Red Hat, Inc. added. (Harris, Kent) (Entered: 04/19/2012)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 9 Filed: 4/19/2012, Entered: None
                                                                                                                                                                NOTICE of Related Case filed by Business Process Modeling Solutions LLC (Abbott, Stephen) (Entered: 04/19/2012)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 8 Filed: 4/17/2012, Entered: None Court Filing
                                                                                                                                                                  ORDER granting 7 Application for Admission Pro Hac Vice of Christopher M. Faucett. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jorge A Solis on 4/17/2012) (chmb) (Entered: 04/17/2012)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 4/16/2012, Entered: None
                                                                                                                                                                    Application for Admission Pro Hac Vice with Cert. of Good Standing for Attorney Christopher M. Faucett (Filing fee $25; Receipt number 0539-4522230) filed by Business Process Modeling Solutions LLC (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Reynolds, C) (Entered: 04/16/2012)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 4/13/2012, Entered: None
                                                                                                                                                                      SUMMONS Returned Executed as to Red Hat, Inc. ; served on 4/10/2012. (Abbott, Stephen) (Entered: 04/13/2012)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 5 Filed: 3/30/2012, Entered: None
                                                                                                                                                                        Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (skt) (Entered: 03/30/2012)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 3/30/2012, Entered: None
                                                                                                                                                                          Summons Issued as to Red Hat, Inc. (skt) (Entered: 03/30/2012)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 3/29/2012, Entered: None Court Filing
                                                                                                                                                                            New Case Notes: A filing fee has been paid. File to Judge Solis. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Stickney). Clerk to provide copy to plaintiff if not received electronically. (skt) (Entered: 03/30/2012)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 2 Filed: 3/29/2012, Entered: None
                                                                                                                                                                              CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Business Process Modeling Solutions LLC d/b/a DE-BPMS LLC identifying Corporate Parent/Other Affiliate Acacia Research Corporation, Corporate Parent/Other Affiliate Acacia Research Group LLC for Business Process Modeling Solutions LLC d/b/a DE-BPMS LLC. (Abbott, Stephen) (Entered: 03/29/2012)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 1 Filed: 3/29/2012, Entered: None Court Filing
                                                                                                                                                                                COMPLAINT WITH JURY DEMAND Complaint for Patent Infringement against Red Hat, Inc. filed by Business Process Modeling Solutions LLC d/b/a DE-BPMS LLC. Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; Receipt number 0539-4492369) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Attachments: # 1 Exhibit(s) A, # 2 Cover Sheet Civil Cover Sheet) (Abbott, Stephen) (Entered: 03/29/2012)
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