Round Rock Research LLC v. PepsiCo, Inc.
Federal Civil Lawsuit Delaware District Court, Case No. 1:11-cv-01244
District Judge Richard G. Andrews, presiding

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PepsiCo, Inc. PepsiCo, Inc., Counter-Claimant

Toggle Switch Represented by Potter Anderson & Corroon LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kenneth Laurence Dorsney +1 302 984 6087 kdorsney@potteranderson.com
No Logo Round Rock Research, LLC, Counter-Defendant

Toggle Switch Represented by Desmarais LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jason Berrebi jberrebi@desmaraisllp.com
ATTORNEY TO BE NOTICED Eugene Chiu +1 212 351 3400 echiu@desmaraisllp.com

Toggle Switch Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jon Todd Hohenthaner +1 212 446 4832 +1 212 446 4900 jhohenthaner@kirkland.com

Toggle Switch Represented by Phillips, Goldman & Spence, PA

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brian E. Farnan +1 302 655 4200 bef@pgslaw.com
Citation Section 35 U.S.C. § 271
Nature of Suit 830 - Property Rights: Patent
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Legal Document (Payment Possibly Required) 48 Filed: 4/1/2015, Entered: None
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,500,650; 5,627,544; 5,974,078; US 6,459,726 B1; US RE41,531 E; 5,266,925; 5,583,850; 5,986,570; US 7,265,674 B2; US RE41,562 E. (Attachments: # 1 Order)(nms) (Entered: 04/01/2015)
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    Legal Document (Payment Possibly Required) 47 Filed: 3/31/2015, Entered: None Court Filing
    SO ORDERED Granting 46 Stipulation of Dismissal without prejudice, filed by Round Rock Research LLC (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 3/31/2015. (nms) (Entered: 03/31/2015)
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      Legal Document (Payment Possibly Required) 46 Filed: 3/31/2015, Entered: None
      STIPULATION of Dismissal by Round Rock Research LLC. (Farnan, Brian) (Entered: 03/31/2015)
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        Legal Document (Payment Possibly Required) 45 Filed: 3/19/2015, Entered: None Court Filing
        SO ORDERED Granting 44 Stipulation To Stay All Deadlines and Notice of Settlement, filed by PepsiCo, Inc.. Signed by Judge Richard G. Andrews on 3/19/2015. (nms) (Entered: 03/19/2015)
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          Legal Document (Payment Possibly Required) 44 Filed: 3/18/2015, Entered: None
          STIPULATION to stay matter and all applicable deadlines for sixty (60) days pending settlement by PepsiCo, Inc.. (Dorsney, Kenneth) (Entered: 03/18/2015)
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            Legal Document (Payment Possibly Required) 43 Filed: 2/11/2015, Entered: None
            STIPULATION TO EXTEND TIME for Defendant to serve Disclosures Pursuant to Paragraph 4(b) of the Default Standard for Discovery and to respond to Plaintiff's First Set of Requests for Production to March 17, 2015 and for Plaintiff to serve Disclosures Pursuant to Paragraph 4(c) of the Default Standard for Discovery to April 17, 2015 - filed by PepsiCo, Inc.. (Dorsney, Kenneth) (Entered: 02/11/2015)
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              Legal Document (Payment Possibly Required) 42 Filed: 1/23/2015, Entered: None
              NOTICE OF SERVICE of PepsiCo's Rule 26 Initial Disclosures and Paragraph 3 Disclosures filed by PepsiCo, Inc..(Dorsney, Kenneth) (Entered: 01/23/2015)
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                Legal Document (Payment Possibly Required) 41 Filed: 1/16/2015, Entered: None
                NOTICE OF SERVICE of (i) Round Rock Research, LLC's Initial Disclosure Statement; (ii) Round Rock Research, LLC's Initial Disclosures under Section 3 of the Default Standard for Discovery; (iii) Round Rock Research, LLC's Initial Disclosures under Section 4(a) of the Default Standard for Discovery; and (iv) Round Rock Research, LLC's First Set of Document Requests to PepsiCo, Inc. (Nos. 1-25) filed by Round Rock Research LLC.(Farnan, Brian) (Entered: 01/16/2015)
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                  Legal Document (Payment Possibly Required) 40 Filed: 1/16/2015, Entered: None Court Filing
                  SO ORDERED Granting 39 Proposed Protective Order, filed by Round Rock Research LLC. Signed by Judge Richard G. Andrews on 1/16/2015. (nms) (Entered: 01/16/2015)
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                    Legal Document (Payment Possibly Required) 39 Filed: 1/15/2015, Entered: None
                    PROPOSED Protective Order, by Round Rock Research LLC. (Farnan, Brian) Modified on 1/16/2015 (nms). (Entered: 01/15/2015)
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                      Legal Document (Payment Possibly Required) 38 Filed: 1/15/2015, Entered: None
                      STIPULATION TO EXTEND TIME to Serve Rule 26(a) Disclosures and Disclosures Pursuant to Paragraph 3 of the Delaware Default Standard for E-discovery to January 23, 2015 - filed by PepsiCo, Inc.. (Dorsney, Kenneth) (Entered: 01/15/2015)
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                        Legal Document (Payment Possibly Required) 37 Filed: 12/16/2014, Entered: None Court Filing
                        ORDER: On or before January 6, 2015, each party or each party group shall email to Chief Magistrate Judge Thynge, with a copy to her Judicial Administrator, Cathleen Kennedy, the information requested in this Order. Signed by Judge Mary Pat Thynge on 12/16/14. (cak) (Entered: 12/16/2014)
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                          Legal Document (Payment Possibly Required) 36 Filed: 12/16/2014, Entered: None Court Filing
                          ORAL ORDER: If parties anticipate a problem with selected scheduling dates, they should jointly contact the Court with their concerns. Ordered by Judge Richard G. Andrews on 12/16/2014. Associated Cases: 1:11-cv-01240-RGA, 1:11-cv-01244-RGA, 1:11-cv-01279-RGA(nms) (Entered: 12/16/2014)
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                            Legal Document (Payment Possibly Required) 35 Filed: 12/16/2014, Entered: None Court Filing
                            SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 6/29/2015. Amended Pleadings due by 6/29/2015. Fact Discovery due by 12/18/2015. A Trial Scheduling Conference is set for 2/12/2016, at 2:00 PM in Courtroom 6A before Judge Richard G. Andrews Dispositive Motions due by 4/29/2016. Joint Claim Construction Brief due by 10/16/2015. A Markman Hearing is set for 11/18/2015, at 9:00 AM in Courtroom 6A before Judge Richard G. Andrews. A Pretrial Conference is set for 9/2/2016, at 10:00 AM in Courtroom 6A before Judge Richard G. Andrews. The first five day Jury Trial is set for 9/19/2016, at 9:30 AM in Courtroom 6A before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 12/16/2014. Associated Cases: 1:11-cv-01240-RGA, 1:11-cv-01244-RGA, 1:11-cv-01279-RGA(nms) (Entered: 12/16/2014)
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                              Legal Document (Payment Possibly Required) 34 Filed: 12/15/2014, Entered: None
                              PROPOSED Scheduling Order, by Round Rock Research LLC. (Attachments: # 1 Letter)(Farnan, Michael) Modified on 12/16/2014 (nms). (Entered: 12/15/2014)
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                                Legal Document (Payment Possibly Required) 33 Filed: 11/25/2014, Entered: None Court Filing
                                ORAL ORDER: The Stay is continued until December 8, 2014,. Any unsettled cases are reopened as of December 8, 2014. Parties shall submit a joint proposed schedule no later than December 15, 2014. Ordered by Judge Richard G. Andrews on 11/25/2014. Associated Cases: 1:11-cv-01240-RGA, 1:11-cv-01241-RGA, 1:11-cv-01244-RGA, 1:11-cv-01279-RGA, 1:12-cv-00362-RGA(nms) (Entered: 11/25/2014)
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                                  Legal Document (Payment Possibly Required) 32 Filed: 11/21/2014, Entered: None
                                  Joint STATUS REPORT by Round Rock Research LLC. (Farnan, Michael) (Entered: 11/21/2014)
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                                    Legal Document (Payment Possibly Required) 31 Filed: 11/7/2014, Entered: None Court Filing
                                    ORAL ORDER: The Stay is Continued until 11/21/2014. Ordered by Judge Richard G. Andrews on 11/7/2014. Associated Cases: 1:11-cv-01239-RGA et al.(nms) (Entered: 11/07/2014)
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                                      Legal Document (Payment Possibly Required) 30 Filed: 11/6/2014, Entered: None
                                      Joint STATUS REPORT by Round Rock Research LLC. (Farnan, Brian) (Entered: 11/06/2014)
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                                        Legal Document (Payment Possibly Required) 29 Filed: 4/5/2014, Entered: None
                                        STATUS REPORT by Round Rock Research LLC. (Farnan, Michael) (Entered: 04/05/2014)
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                                          Legal Document (Payment Possibly Required) 28 Filed: 10/4/2013, Entered: None
                                          Joint STATUS REPORT by Round Rock Research LLC. (Farnan, Brian) (Entered: 10/04/2013)
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                                            Legal Document (Payment Possibly Required) 27 Filed: 8/27/2013, Entered: None
                                            NOTICE requesting Clerk to remove Eugene Chiu as co-counsel.. (Farnan, Brian) (Entered: 08/27/2013)
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                                              Legal Document (Payment Possibly Required) 26 Filed: 8/26/2013, Entered: None
                                              NOTICE requesting Clerk to remove Todd E. Landis, Eric J. Klein, Kellie M. Johnson and John Wittenzellner and the law firm of Akin Gump Strauss Hauer & Feld LLP as co-counsel.. (Dorsney, Kenneth) (Entered: 08/26/2013)
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                                                Legal Document (Payment Possibly Required) 25 Filed: 4/5/2013, Entered: None
                                                Joint STATUS REPORT by Round Rock Research LLC. (Farnan, Brian) (Entered: 04/05/2013)
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                                                  Legal Document (Payment Possibly Required) 24 Filed: 10/5/2012, Entered: None
                                                  Joint STATUS REPORT by Round Rock Research LLC. (Farnan, Brian) (Entered: 10/05/2012)
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                                                    Legal Document (Payment Possibly Required) 23 Filed: 4/24/2012, Entered: None
                                                    Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,500,650; 5,627,544; 5,974,078; US 6,459,726 B1; US RE41,531 E; 5,266,925; 5,583,850; 5,986,570; US 7,265,674 B2; US RE 41,562 E . (Farnan, Brian) (Entered: 04/24/2012)
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                                                      Legal Document (Payment Possibly Required) 22 Filed: 4/24/2012, Entered: None
                                                      First AMENDED COMPLAINT against PepsiCo, Inc.- filed by Round Rock Research LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Farnan, Brian) (Entered: 04/24/2012)
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                                                        Legal Document (Payment Possibly Required) 21 Filed: 4/23/2012, Entered: None Court Filing
                                                        ORDER Administratively Closing Cases. The parties shall submit a status report to the Court no later than October 5, 2012, and every six months thereafter. It is further Ordered that the parties shall promptly notify the Court when the reexaminations are complete and the stays should be lifted so that the cases may be reopened and other appropriate action may be taken. Signed by Judge Richard G. Andrews on 4/23/2012. Associated Cases: 1:11-cv-01237-RGA et al.(nms) (Entered: 04/23/2012)
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                                                          Legal Document (Payment Possibly Required) 20 Filed: 4/23/2012, Entered: None Court Filing
                                                          ORDER Granting (19 in 1:11-cv-01244-RGA, 27 in 1:11-cv-01242-RGA, 21 in 1:11-cv-01238-RGA, 16 in 1:11-cv-01245-RGA, 22 in 1:11-cv-01279-RGA, 22 in 1:11-cv-01237-RGA, 20 in 1:11-cv-01240-RGA, 26 in 1:11-cv-01243-RGA, 27 in 1:11-cv-01241-RGA, 29 in 1:11-cv-01239-RGA, 12 in 1:12-cv-00309-RGA) Stipulation and Proposed Order to Amend Pleadings and to Stay Cases Pending Reexamination of Patents-In-Suit. Signed by Judge Richard G. Andrews on 4/23/2012. Associated Cases: 1:11-cv-01237-RGA et al.(nms) (Entered: 04/23/2012)
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                                                            Legal Document (Payment Possibly Required) 19 Filed: 4/20/2012, Entered: None
                                                            Joint STIPULATION To Amend Pleadings and To Stay Cases Pending Reexamination of Patents-In-Suit by Amazon.com Inc., V F Corporation, Gap Inc., Round Rock Research LLC, Motorola Solutions Inc., American Apparel Inc., J.C. Penney Corporation Inc., Fruit of the Loom Inc., Dole Food Company Inc., PepsiCo, Inc., Macy's Retail Holdings Inc., Hanesbrands Inc.. (Blumenfeld, Jack) (Entered: 04/20/2012)
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                                                              Legal Document (Payment Possibly Required) 18 Filed: 3/27/2012, Entered: None Court Filing
                                                              ORDER Postponing Scheduling Conference. Signed by Judge Richard G. Andrews on 3/27/2012. Associated Cases: 1:11-cv-01237-RGA et al.(nms) (Main Document 18 replaced on 3/27/2012) (nms). (Entered: 03/27/2012)
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                                                                Legal Document (Payment Possibly Required) 17 Filed: 3/26/2012, Entered: None
                                                                PROPOSED ORDER Scheduling Order by Round Rock Research LLC. (Attachments: # 1 Letter to the Honorable Richard G. Andrews)(Farnan, Brian) (Entered: 03/26/2012)
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                                                                  Legal Document (Payment Possibly Required) 16 Filed: 3/26/2012, Entered: None
                                                                  Letter to The Honorable Richard G. Andrews from Brian E. Farnan regarding March 28 Scheduling Conference. (Farnan, Brian) (Entered: 03/26/2012)
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                                                                    Legal Document (Payment Possibly Required) 15 Filed: 3/26/2012, Entered: None
                                                                    Letter to The Honorable Richard G. Andrews from John W. Shaw regarding [Request for Continuance of the Scheduling Conference Set for Wednesday, March 28, 2012 at 1:00 p.m.]. (Shaw, John) (Entered: 03/26/2012)
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                                                                      Legal Document (Payment Possibly Required) 14 Filed: 3/23/2012, Entered: None
                                                                      Letter to The Honorable Richard G. Andrews from Jack B. Blumenfeld regarding Scheduling Conference on March 28, 2012. (Blumenfeld, Jack) (Entered: 03/23/2012)
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                                                                        Legal Document (Payment Possibly Required) 13 Filed: 3/8/2012, Entered: None
                                                                        ANSWER to 10 Answer to Complaint, Counterclaim by Round Rock Research LLC.(Farnan, Brian) (Entered: 03/08/2012)
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                                                                          Legal Document (Payment Possibly Required) 12 Filed: 2/21/2012, Entered: None Court Filing
                                                                          Order Setting Rule 16(b) Conference: A Scheduling Conference is set for 3/28/2012 at 1:00 PM in Chambers before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 2/21/2012. (nms) (Entered: 02/22/2012)
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                                                                            Legal Document (Payment Possibly Required) 11 Filed: 2/13/2012, Entered: None
                                                                            Disclosure Statement pursuant to Rule 7.1 filed by PepsiCo, Inc.. (Dorsney, Kenneth) (Entered: 02/13/2012)
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                                                                              Blank 10 Filed: 2/13/2012, Entered: None
                                                                              ANSWER to 1 Complaint, with Jury Demand, COUNTERCLAIM against Round Rock Research LLC by PepsiCo, Inc..(Dorsney, Kenneth) (Entered: 02/13/2012)
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                                                                                Legal Document (Payment Possibly Required) 9 Filed: 2/7/2012, Entered: None
                                                                                MOTION for Pro Hac Vice Appearance of Attorney Todd E. Landis, Attorney Eric J. Klein, Attorney Kellie M. Johnson, and Attorney John Wittenzellner - filed by PepsiCo, Inc.. (Dorsney, Kenneth) (Entered: 02/07/2012)
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                                                                                  Blank 8 Filed: 1/30/2012, Entered: None
                                                                                  STIPULATION TO EXTEND TIME for Defendant to ANSWER, move, or otherwise respond to the Complaint to 2/13/2012 - filed by Round Rock Research LLC. (Farnan, Brian) (Entered: 01/30/2012)
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                                                                                    Legal Document (Payment Possibly Required) 7 Filed: 1/13/2012, Entered: None
                                                                                    MOTION for Pro Hac Vice Appearance of Attorney Jon T. Hohenthaner, Jason Berrebi, and Eugene Chiu of Desmarais LLP - filed by Round Rock Research LLC. (Farnan, Brian) (Entered: 01/13/2012)
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                                                                                      Legal Document (Payment Possibly Required) 6 Filed: 1/4/2012, Entered: None
                                                                                      Disclosure Statement pursuant to Rule 7.1 filed by Round Rock Research LLC. (Farnan, Brian) (Entered: 01/04/2012)
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                                                                                        Blank 5 Filed: 12/27/2011, Entered: None
                                                                                        STIPULATION TO EXTEND TIME to ANSWER, move, or otherwise respond to Plaintiff's Complaint to 2/6/2012 - filed by Round Rock Research LLC. (Farnan, Brian) (Entered: 12/27/2011)
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                                                                                          Legal Document (Payment Possibly Required) 4 Filed: 12/19/2011, Entered: None
                                                                                          SUMMONS Returned Executed by Round Rock Research LLC. PepsiCo, Inc. served on 12/15/2011, answer due 1/5/2012. (Farnan, Brian) (Entered: 12/19/2011)
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                                                                                            Legal Document (Payment Possibly Required) 3 Filed: 12/14/2011, Entered: None
                                                                                            Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 5,500,650; 5,627,544; 5,974,078; US 6,459,726 B1; US RE41,531 E;. (dmp, ) (Entered: 12/15/2011)
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                                                                                              Legal Document (Payment Possibly Required) 2 Filed: 12/14/2011, Entered: None Court Filing
                                                                                              Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction (dmp, ) (Entered: 12/15/2011)
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                                                                                                Legal Document (Payment Possibly Required) 1 Filed: 12/14/2011, Entered: None
                                                                                                COMPLAINT filed with Jury Demand against PepsiCo, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-991655.) - filed by Round Rock Research LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(dmp, ) (Entered: 12/15/2011)
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