ORDER re 87 Stipulation of Dismissal, filed by MAXIM INTEGRATED PRODUCTS, INC. Based upon the foregoing Joint Stipulated Motion for dismissal With Prejudice of Claims by Maxim Integrated Products, Inc. and Capital One, National Association, Capital One Bank, USA, National Association, and Capital One Services, LLC the action is dismissed with prejudice and in their entirety all claims brought by Maxim against Capital One, with each party to bear its own cost, expenses and attorneys' fees. Signed by Chief Judge Joy Flowers Conti on 12/12/2013. (smc ) (Entered: 12/12/2013)
STIPULATION of Dismissal ("Joint Stipulated Motion for Dismissal with Prejudice of Claims by Maxim Integrated Products, Inc. and Capital One, N.A., Capital One Bank, USA, N.A., and Capital One Services LLC: and [Proposed] Order by MAXIM INTEGRATED PRODUCTS, INC. (Powers, Matthew) Modified on 12/10/2013. (jsp) (Entered: 12/09/2013)
Unopposed MOTION to Waive Appearance at the November 13, 2013 Hearing by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Proposed Order) (Vivarelli, Daniel) (Entered: 11/11/2013)
REPLY LETTER BRIEF to the Special Master In Support of the Moving Parties Motion to Compel Maxim to Produce Apple Information by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION re 80 Notice, (Attachments: # 1 Affidavit of Jung, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q) (Eckstein, Maya) Modified on 9/20/2013. (jsp) (Entered: 09/19/2013)
NOTICE of Appearance by Alison L. Karmelek on behalf of CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Karmelek, Alison) (Entered: 09/06/2013)
LETTER BRIEF to Miller re: Maxim's Opposition to Certain Opposing Parties' Motion to Compel Maxim to Produce Apple Production Materials by MAXIM INTEGRATED PRODUCTS, INC. re 80 Notice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Nelson, William) Modified on 9/9/2013. (jsp) (Entered: 09/05/2013)
NOTICE of Letter Brief to Special Master regarding Motion to Compel Maxim to Produce Apple Information by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Eckstein, Maya) (Entered: 08/22/2013)
ORDER denying 73 Motion to preclude indirect infringement, representativeness, and doctrine of equivalents contentions under Maxim's Local Patent Rule disclosures, as set forth in the accompanying memorandum opinion and order. Signed by Judge Joy Flowers Conti on 5/8/2013. (dmm) (Entered: 05/08/2013)
NOTICE of Withdrawal of Counsel Christopher M. First by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION (First, Christopher) (Entered: 05/06/2013)
REPLY BRIEF to 76 Response/Brief to Motion re 73 Motion By Certain Opposing Parties to Preclude Indirect Infringement, Representativeness, and Doctrine of Equivalents Contentions Under Maxim's Local Patent Rule Disclosures filed by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Eckstein, Maya) Modified on 4/8/2013. (jsp) (Entered: 04/05/2013)
RESPONSE IN OPPOSITION to 73 Certain Opposing Parties' Motion to Preclude amendment of Maxim's Local Patent Rule Disclosures Under LPR 3.7 filed by MAXIM INTEGRATED PRODUCTS, INC. (Nelson, William) Modified on 4/5/2013. (jsp) (Entered: 04/03/2013)
ORDER granting 72 Unopposed MOTION for Leave to File Documents Under Seal Certain Appendicies to Certain Opposing Parties' Brief in Support of Their Motion to Preclude Indirect Infringement, Representativeness, and Doctrine of Equivalents Contentions Under Maxim's Local Patent Rule Disclosures. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents, unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods Decision to Unseal Document deferred. Signed by Judge Joy Flowers Conti on 4/1/2013. (smc) Modified on 4/3/2013. (jsp) (Entered: 04/02/2013)
BRIEF in Support re 73 Motion by Certain Opposing Parties to Preclude Indirect Infringement, Representativeness, and Doctrine of Equivalents Contentions Under Maxim's Local Patent Rule Disclosures filed by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Declaration, # 2 Exhibit 102) (Eckstein, Maya) Modified on 4/1/2013. (jsp) (Entered: 03/28/2013)
MOTION By Certain Opposing Parties to Preclude Indirect Infringement, Representativeness, and Doctrine of Equivalents Contentions Under Maxim's Local Patent Rule Disclosures by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Proposed Order) (Eckstein, Maya) (Entered: 03/28/2013)
Unopposed MOTION for Leave to File Documents Under Seal Certain Appendicies to Certain Opposing Parties' Brief in Support of Their Motion to Preclude Indirect Infringement, Representativeness, and Doctrine of Equivalents Contentions Under Maxim's Local Patent Rule Disclosures by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachment: # 1 Proposed Order) (Eckstein, Maya) Modified on 4/1/2013. (jsp) (Entered: 03/28/2013)
ORDER indicating that in accordance with the provisions of 28 U.S.C. § 455, it is hereby ordered that the undersigned recuses herself from the above captioned case; that, pursuant to the Order Reassigning Litigation at MDL No. 2354 signed by the Honorable John G. Heyburn, II, Chairman, the Clerk of Court is directed to reassign these matters to the Honorable Joy Flowers Conti for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Signed by Judge Nora Barry Fischer on 2/11/13. (jg) (Entered: 02/11/2013)
REPLY in support re 68 Motion for Protective Order filed by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Eckstein, Maya) Modified on 1/22/2013. (jsp) (Entered: 01/18/2013)
RESPONSE IN OPPOSITION to 68 Motion for Protective Order, filed by MAXIM INTEGRATED PRODUCTS, INC.. (Attachments: # 1 Declaration of A. Nathan, # 2 Proposed Order) (Nathan, Aaron) Modified on 1/10/2013. (jsp) (Entered: 01/09/2013)
MOTION for Protective Order (by Original Parties) by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachment: # 1 Proposed Order) (Eckstein, Maya) Modified on 12/28/2012. (jsp) (Entered: 12/27/2012)
NOTICE of Appearance by Christopher M. First on behalf of CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (First, Christopher) (Entered: 12/11/2012)
NOTICE of Appearance by Daniel G. Vivarelli, Jr on behalf of CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Vivarelli, Daniel) (Entered: 12/10/2012)
REPLY BRIEF in support re 50 Motion to Strike, Motion for Protective Order, Motion to Compel filed by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Affidavit of Lionel M. Lavenue, # 2 Affidavit of Russell S. Jones, Jr., # 3 Exhibit A, # 4 Exhibit B) (Eckstein, Maya) Modified on 12/3/2012. (jsp) (Entered: 11/30/2012)
AMENDED ANSWER and Separate Defenses to 41 Amended Complaint by CAPITAL ONE SERVICES, LLC. (Eckstein, Maya) Modified on 11/30/2012. (jsp) (Entered: 11/29/2012)
ORDER granting 55 Opposing Parties' Motion for Leave to File a Reply to Maxim's Response to Opposing Parties' (1) Motion to Strike Maxim's Infringement Contentions or in the Alternative, Motion to Compel Amendment of Infringement Contentions to Comply with the Local Patent Rules and (2) Motion for Protective Order 50 ; that the Opposing Parties' Reply regarding said Motion is due 11/30/12. Signed by Judge Nora Barry Fischer on 11/23/12. (jg) (Entered: 11/23/2012)
MOTION for Leave to File a Reply to Maxim's 54 Response to Opposing Parties' (1) Motion to Strike Maxim's Infringement Contentions, or in the Alternative, Motion to Compel Amendment of Infringement Contentions to Comply with the Local Patent Rules; and (2) Motion for Protective Order by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Proposed Order) (Eckstein, Maya) Modified to link to appropriate document on 11/23/2012. (jv) (Entered: 11/21/2012)
ORDER granting 49 "Opposing Parties" Motion for Leave to File Under Seal Appendices to Brief in Support of (1) Motion to Strike Maxim's Infringment Contentions, or in the Alternative, Motion to Compel Amendment of Infringement Contentions to Comply with the Local Patent Rules and (2) Motion for Protective Order. Signed by Judge Nora Barry Fischer on 11/15/12. (jg) (Entered: 11/15/2012)
BRIEF in Support re 50 Motion to Strike, Motion for Protective Order, AND APPENDICES IN SUPPORT OF SUPPORT OF THEIR (1) MOTION TO STRIKE MAXIMS INFRINGEMENT CONTENTIONS, OR IN THE ALTERNATIVE, MOTION TO COMPEL AMENDMENT OF INFRINGEMENT CONTENTIONS TO COMPLY WITH THE LOCAL PATENT RULES; AND (2) MOTION FOR PROTECTIVE ORDER ON BEHALF OF PNC, VANGUARD, COMERICA, STARBUCKS, CAPITAL ONE, BANK OF THE WEST, CHIPOTLE, EXPEDIA AND FIRST UNITED filed by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Eckstein Declaration, # 2 Appendix K, # 3 Appendix L, # 4 Appendix R, # 5 Appendix S, # 6 Appendix Y, # 7 Appendix AE, # 8 Appendix AL, # 9 Appendix AR, # 10 Appendix AW, # 11 Appendix BB) (Eckstein, Maya) (Entered: 11/14/2012)
MOTION to Strike MAXIMS INFRINGEMENT CONTENTIONS, OR IN THE ALTERNATIVE, MOTION TO COMPEL AMENDMENT OF INFRINGEMENT CONTENTIONS TO COMPLY WITH THE LOCAL PATENT RULES;, and MOTION for Protective Order ON BEHALF OF PNC, VANGUARD, COMERICA, STARBUCKS, CAPITAL ONE, BANK OF THE WEST, CHIPOTLE, EXPEDIA AND FIRST UNITED [See DI No. 49] by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Proposed Order No. 1, # 2 Proposed Order No. 2) (Eckstein, Maya) (Entered: 11/14/2012)
Unopposed MOTION for Leave to File UNDER SEAL OPPOSING PARTIES' APPENDICES TO BRIEF IN SUPPORT OF THEIR (1) MOTION TO STRIKE MAXIMS INFRINGEMENT CONTENTIONS, OR IN THE ALTERNATIVE, MOTION TO COMPEL AMENDMENT OF INFRINGEMENT CONTENTIONS TO COMPLY WITH THE LOCAL PATENT RULES; AND (2) MOTION FOR PROTECTIVE ORDER , MOTION for Protective Order , MOTION to Strike ON BEHALF OF PNC, VANGUARD, COMERICA, STARBUCKS, CAPITAL ONE, BANK OF THE WEST, CHIPOTLE, EXPEDIA AND FIRST UNITED by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, CAPITAL ONE, NATIONAL ASSOCIATION. (Attachments: # 1 Proposed Order) (Eckstein, Maya) (Entered: 11/14/2012)
Disclosure Statement identifying Capital One Financial Corporation as corporate parent or other affiliate, by CAPITAL ONE SERVICES, LLC. (Eckstein, Maya) (Entered: 11/13/2012)
Disclosure Statement identifying Capital One Financial Corporation as corporate parent or other affiliate, by CAPITAL ONE, NATIONAL ASSOCIATION. (Eckstein, Maya) (Entered: 11/13/2012)
Disclosure Statement identifying Capital One Financial Corporation as corporate parent or other affiliate, by CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION. (Eckstein, Maya) (Entered: 11/13/2012)
FIRST AMENDED COMPLAINT against CAPITAL ONE, NATIONAL ASSOCIATION, CAPITAL ONE BANK, USA, NATIONAL ASSOCIATION, CAPITAL ONE SERVICES, LLC, filed by MAXIM INTEGRATED PRODUCTS, INC. (plh) (Entered: 10/23/2012)
ORDER granting 34 Motion for Leave to File an Amended Complaint Substituting Defendants filed by Maxim Integrated Products, Inc. (Maxim); Maxim is hereby granted leave to file the First Amended Complaint (attached as Exhibit A to the Marsh Declaration), substituting Capital One, National Association; Capital One Bank, USA, National Association; and Capital One Services, LLC in the place of Capital One Financial Corporation; the dismissal of Capital One Financial Corporation from this action is without prejudice. Signed by Judge Nora Barry Fischer on 10/22/2012. (bdk) (Entered: 10/22/2012)
REPLY in support re 34 Motion for Leave to File An Amended Complaint Substituting Defendants filed by MAXIM INTEGRATED PRODUCTS, INC. (Schermer, Leland) Modified on 10/19/2012. (jsp) (Entered: 10/18/2012)
RESPONSE re 34 Motion for Leave to File an Amended Complaint Substituting Defendants filed by CAPITAL ONE FINANCIAL CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Eckstein, Maya) Modified to reflect title of document on 10/19/2012. (jsp) (Entered: 10/18/2012)
ORDER indicating that upon consideration of Plaintiff Maxim Integrated Products, Inc.'s Motion for Leave to File an Amended Complaint Substituting Defendants (Document No. 34 at C.A. No. 12-879/Document No. 184 at MC 12-244) and documents filed in support thereof, it is hereby ordered that Defendant Capital One Financial Corporation shall file a Response to said Motion by no later than October 18, 2012. Signed by Judge Nora Barry Fischer on 10/11/12. (jg) (Entered: 10/11/2012)
BRIEF in Support re 34 Motion for Leave to File an Amended Complaint Substituting Defendants filed by MAXIM INTEGRATED PRODUCTS, INC.. (Schermer, Leland) (Entered: 10/10/2012)
MOTION to Withdraw Counsel Andrew W. Spangler and James A. Fussell, III by MAXIM INTEGRATED PRODUCTS, INC.. (Attachment: # 1 Proposed Order) (Marsh, Philip) Modified on 8/16/2012. (jsp) (Entered: 08/15/2012)
ORDER (see details of said Order at entry at Document No. 6 at MC 12-244); an initial case management conference will take place on 7/17/12, beginning at 9:30 a.m., in Courtroom 5B of the United States District Court for the Western District of Pennsylvania before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 7/5/12. (jg) (Entered: 07/05/2012)
Case transferred in from District of Texas Eastern; Case Number 4:12-cv-00006. Original file certified copy of transfer order and docket sheet received. (Entered: 06/27/2012)
CORRECTED TRANSFER ORDER directing transfer of this case to the US District Court Western District of Pennsylvania Case MDL 2354, with the consent of that Court, assigned to the Honorable Nora Barry Fischer. Signed by Unassigned on 6/25/12. (cm, ) (Entered: 06/26/2012)
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Capital One Financial Corporation.( Vivarelli, Daniel) (Entered: 02/24/2012)
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Spangler, Andrew) (Entered: 01/06/2012)
COMPLAINT for Patent Infringement against Capital One Financial Corporation ( Filing fee $ 350 receipt number 0540-3389489.), filed by Maxim Integrated Products, Inc.. (Attachments: # 1 Exhibit A - U.S. Patent No. 5,940,510, # 2 Exhibit B - U.S. Patent No. 5,949,880, # 3 Exhibit C - U.S. Patent No. 6,105,013, # 4 Exhibit D - U.S. Patent No. 6,237,095, # 5 Civil Cover Sheet)(Spangler, Andrew) (Entered: 01/06/2012)
ORDER denying 73 Motion to preclude indirect infringement, representativeness, and doctrine of equivalents contentions under Maxim's Local Patent Rule disclosures, as set forth in the accompanying memorandum opinion and order. Signed by Judge Joy Flowers Conti on 5/8/2013. (dmm)