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Wi-LAN v. LG (Southern District of New York)

Date Details Documentation
September 29, 2011 Judge Kaplan issues orders that:

(1) affirm Judge Peck's ruling that the Wallace and Frankel expert reports are not confidential; and
 
(2) affirm Judge Peck's ruling that LG's Motion to Preclude Wi-LAN from Pursuing an Infringement Claim Under the Doctrine of Equivalents be denied as moot without prejudice, subject to renewal if Wi-LAN's infringement claim "ultimately survives."
Order Denying Plaintiff's Motion 

Order re Motion to Preclude 
September 14, 2011 Filings related to Notice of Appeal submitted by Non-Party Kilpatrick Townsend & Stockton File Stamped Notice of Appeal 

Appeal Information Sheet
September 9, 2011 WiLAN files reply memorandum in support of Notice of Objection Reply Memorandum 
September 8, 2011 Non-Party Kilpatrick Townsend & Stockton LLP submits notice of appeal to the
United States Court of Appeals for the Federal Circuit from the following orders of the District
Court:

(1) Order Granting-In-Part And Denying-In-Part Townsend And Townsend And Crew
LLP's Motion To Quash Subpoena Duces Tecum dated Februar 8,2011 (D.I. #22);

(2) Order Denying Motion for Relief from Nondispositive Pretral Order of Magistrate Judge dated March 8, 2011 (D.I. #33);

(3) Order Granting Defendants' Motion For Rule To Show Cause And Other
Sanctions dated April 7,2011 (D.I. #41);

(4) Order Denying Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge dated April 26,2011 (D.I. #42); and

(5) Order Finding Plaintiffs Counsel In Contempt And Granting In Par And Denying In Par Defendants' Motion For Civil Contempt Sanctions dated August 18,2011 (D.I. #74).
Notice of Appeal 
September 7, 2011 Order requiring Kilpatrick Townsend and Stockton to post bond Order 
September 2, 2011 LG files opposition brief to WiLAN's objection to the Magistrate Judge's Report and Recommendation Opposition Brief 
August 19, 2011 WiLAN files its Notice of Objection and Memorandum of Law In Support concerning the August 2, 2011 Magistrate Report and Recommendation Notice of Objection 

Memorandum of Law 
August 18, 2011 Judge Fogel issues order denying in part and granting in part LG's motion for sanctions in the Northern District of California Order 
August 2, 2011

United States Magistrate Judge Peck files report and recommendation concerning parties' Summary Judgment motions.

Report and Recommendation 
May 8, 2011 LG files its Reply materials in respect of its Motions for Summary Judgment and to strike certain expert reports of WiLAN. LG reply re Motion to Strike Expert Reports 

LG reply re invalidity 

LG reply re non-infringement 

LG reply re Fraudulent behaviour 

Suppl Motion Dec re Fraudulent Inducement - Exhibits
 
Suppl Motion Dec re Fraudulent Inducement 

Harris reply Affirmation - Exhibits 

Harris reply Affirmation 

LG reply re Claim Construction Brief 
May 6, 2011

WiLAN files its Reply materials in response to LG’s Oppositions to WiLAN’s Summary Judgment Motions and to WiLAN’s Motion for Sanctions, and to LG’s Motions for Summary Judgment.

WiLAN reply re Motion for Sanctions 

Suppl. Honohan Declaration 

WiLAN reply re Defences Counterclaims and Section 112 

WiLAN reply re Trademark 
 
WiLAN reply re GI and Digicypher 

WiLAN reply re Prosecution Estoppel History 

Suppl Honohan Declaration re MSJ 

WiLAN response to LG Additional Facts 
April 22, 2011 LG files its Opposition brief regarding WiLAN’s Motion for Sanctions and its other Opposition materials in response to WiLAN’s Motions for Summary Judgment. Goldberg Declaration 

LG Opposition to Motion for Sanctions 

LG Opposition to MSJ re GI and Digicipher 

LG Opposition to MSJ re Misc. Affirmative Defences 

LG Opposition to MSJ Prosecution History Estoppel 

LG Opposition to MSJ re Section 112 

LG Opposition to MSJ re Trademark 

LG Opposition to MSJ re Unenforcebility 

LG Rule 56 Counterstatement 
April 1, 2011 LG files its consolidated summary judgment motion materials. WiLAN files its consolidated summary judgment motion materials including a motion for sanctions concerning certain discovery conduct of LG. LG Summary Judgment Motion Materials

Consolidated Motion for Summary Judgment ("MSJ") 

Claims Construction Statement 

Harris Declaration 

Exhibit A to Harris Dec. 

Exhibit B to Harris Dec. 

MSJ re Invalidity 

MSJ re Non-Infringement 

Motion to Preclude Expert Reports 

Harris Declaration 

MSJ re Unclean Hands 

MSJ re Fraud and Standing 

Mote Declaration 

WiLAN Summary Judgment Motion Materials


Notice of MSJ 

Omnibus MSJ 

MSJ re GI and Digicipher 

MSJ re Inequitable Conduct 

MSJ re Patent Misuse 

MSJ re Prosecution History Estoppel 

MSJ re Standard Setting 

MSJ re Trademark 

Middleton Declaration 

Tanner Declaration 

Holohan Declaration 

WiLAN Motion for Sanctions 

MPA re Motion for Sanctions 

Dolan Declaration 

Holohan Declaration 







March 7, 2011 U.S. Magistrate Judge Peck issues order denying LG’s request for a separate claims construction hearing process and orders that claims construction will be dealt with as part of the omnibus summary judgment schedule now in place (see posting from February 28, 2011 below)  Order 
March 3, 2011 LG files its Opposition to WiLAN’s Motion for Relief from Non-Dispositive Pretrial Order v. Townsend, Townsend & Crew LLP, being an Order Granting in Part and Denying in Part its motion to quash LG’s Subpoena Duces Tecum. Oppositon 
March 3, 2011 U.S. Magistrate Judge Grewal issues Order Denying LG’s Motion to Shorten Time on its Motion v. Townsend, Townsend & Crew to Show Cause. Order 
February 28, 2011 U.S. Magistrate Judge Peck issues Order Endorsing Parties’ Joint Summary Judgment Motions Schedule, with revisions as follows:

April 1-11 Deadline by which each party may file a single motion incorporating all dispositive issues and omnibus statement of undisputed facts

April 22-11 Deadline by which each party may file opposition memoranda and response to omnibus statement of undisputed facts filed by the other

May 4-11 Deadline by which each party may file its reply memoranda pertaining to dispositive motions briefs
Order 
February 25, 2011 U.S. District Judge Kaplan issues (a) an Order upholding the Order of Magistrate Judge Peck with respect to the access by Richard Meyer to certain protective order documentation; and (b) an Order upholding the Order of Magistrate Judge Peck with respect to the authenticity of certain documents, but clarifying that the admissibility of such documents will be determined by the Court at trial. Order 
February 24, 2011 WiLAN counsel files Motion for Relief from Non-Dispositive Pretrial Order v. Townsend, Townsend & Crew LLP, being an Order Granting in Part and Denying in Part its motion to quash LG’s Subpoena Duces Tecom. Motion for Relief 
February 23, 2011 LG files Motion to Show Cause etc. v. WiLAN’s counsel and Motion to Shorten Time for Hearing Motion. Motion for Ruling to Show Cause

Declaration of J. Lukas in Support of Motion for Ruling to Show Cause 

Motion to Shorten Time 

Declaration of J. Perez in Support of Motion to Shorten Time 
February 8, 2011 U.S. Magistrate Judge Grewal of the U.S. District Court for the Northern District of California issues an Order granting in part and denying in part Townsend, Townsend and Crew LLP’s motion to quash LG’s subpoena duces tecum. Order 
January 4, 2011 WiLAN files its Reply Brief in support of its Motion to Quash the September 10, 2010 subpoena issued by LG as against WiLAN’s legal counsel. Reply Brief 

Holohan Declaration 
January 3, 2011

U.S. Magistrate Judge Peck issues Order approving the participation of attorney Richard Meyer in this litigation without access to Attorneys’ Eyes Only material.

Order 
January 3, 2011

U.S. Magistrate Judge Peck issues Order permitting one of WiLAN’s experts to continue to serve as an expert in this case, but not to further participate in the ongoing reexamination proceedings before the U.S.P.T.O., and precluding WiLAN’s outside counsel Richard Meyer from further participation in this case as this time, while the reexamination proceeding is ongoing.

Order 
December 30, 2010

U.S. Magistrate Judge Peck ordered as follows at the December 30-10 Status Conference:

1) Certain handwritten notes of WiLAN’s former outside counsel are deemed authentic and admissible

2) The Defendants’ motion to compel production of documents related to 1-6 of the '402 Patent is denied;

3) The Defendants’ motion to compel production of documents related to Dominic Perri and the Coalition for Independent Ratings Systems is deferred for ruling until the pending motions related to the subpoenas to Mr. Perri and the Coalition are resolved by the other Court having jurisdiction re same;

4) WiLAN is to continue investigating whether it can provide documents related to archived versions of its website showing the use of LG's logo, and if so, to produce them to Defendants;

5) The Defendants’ motion to compel production of documents related to certain untimely discovery requests was denied;

6) The Defendants’ motion to bifurcate the issues of liability and damages was denied;

7) The Defendants’ motion seeking further depositions on certain document was deferred for further consideration by the Court;

8) The deadlines for expert reports were extended by one week.  Opening reports are now due January 14, and rebuttal reports are now due January 28.  Expert discovery will still close on February 22;

9) A ruling on the Defendants’ motion with respect to certain privileged documents was deferred;

10) Defendants were to supplement their responses to Plaintiff's most recent interrogatories and requests for production by January 7;

11) The Defendants' Motion to further amend their counterclaims was denied;

12) The Defendants' request to appoint a special master for claim construction was denied; and

13) The parties are to engage in a "client-to-client" settlement meeting during the month of January, 2011.

October 26, 2010

WiLAN files Motion to Quash LG Subpoena against WiLAN's legal counsel.

Motion 
September 24, 2010

At the Case Conference held on September 24, 2010, Magistrate Judge Andrew J. Peck orders the following:

 (1) Wi-LAN's objection to Defendants' LG proposed technical expert  Adam Goldberg is overruled.  Goldberg may be an expert for Defendants.

 (2) WiLAN may not use proposed damages expert John Jarosz due to past work he performed for LG.

 (3) LG must correct all discovery deficiencies related to source code and non-production of datasheets by September 28.

 (4) LG’s attempt to change the case schedule is denied.  If LG want to depose  Najmul  Siddiqui before the close of discovery on November 5, 2010,  Mr. Siddiqui must return for depositions before that date, or WiLAN must pay the overseas travel costs of LG’s counsel to depose Mr. Siddiqui.

August 16, 2010 WiLAN files its Reply Brief responding to LG’s Opposition to WiLAN’s Motion for Reconsideration of the Protective Order. WiLAN Reply 
August 4, 2010     U.S. Magistrate Judge Peck orders LG to respond by August 11, 2010 to WiLAN’s Motion for Reconsideration of the Protective Order, and orders WiLAN to reply by August 16, 2010. Order 
August 2, 2010

WiLAN files Motion for Reconsideration of the Court’s Ruling Regarding the Protective Order dated July 26, 2010.

Motion 

Memorandum 
July 26, 2010

The Court enters a Protective Order concerning information and material produced in relation to this action.

Protective Order 
June 21, 2010    

WiLAN delivers its Reply and Answer to the Counterclaims of LG Electronics U.S.A. Inc. and LG Electronics, Inc.

WiLAN Reply and Answer to Counterclaims of LG Electronics USA Inc. 

WiLAN Reply and Answer to Counterclaims of LG Electronics, Inc. 
June 1, 2010    

LG Electronics Inc. and LG Electronics U.S.A. Inc. file their Amended Answers to the First Amended Complaint.

LGE USA Amended Answer 

LGE Amended Answer 
May 21, 2010

U.S. Magistrate Judge Andrew J. Peck issues Order Denying LG’s Motion to Stay this litigation. 

Order Denying LG Motion to Stay 
May 13, 2010 LG files its Reply Memorandum relating to its Motion to Stay. Reply Memorandum 
May 7, 2010

Defendants LG Electronics, Inc. and LG Electronics U.S.A. Inc. deliver their Answers to Wi-LAN’s Amended Complaint and their Counterclaims.

LG's Answer to Amended Complaint 

LG-US's Answer to Amended Complaint 
May 4, 2010

U.S. Magistrate Judge Peck orders that the current discovery schedule shall remain in effect notwithstanding the filing by LG of its motion to stay.

Order 
May 3, 2010 WiLAN files its Memorandum of Law in Opposition to LG’s Motion to Stay and its request for oral argument. Memorandum of Law in Opposition to LG's Motion to Stay 
Exhibit 1 
Exhibit 2 
Exhibit 3 

Letter to Court requesting Oral Argument 

April 30, 2010 Magistrate Judge Peck issues Order postponing Status Conference from May 4, 2010 to May 21, 2010 at 10 am. Order 
April 15, 2010    

LG files Motion to Stay Litigation Pending Ex Parte Reexamination Proceedings.

Motion 
April 8, 2010    

WiLAN files its First Amended Complaint.

 Amended Complaint 
March 25, 2010     Magistrate Judge Peck issues Order setting Status Conference for May 4, 2010. Order 
March 24, 2010 Magistrate Judge Peck issues letter approving Joint Proposed Schedule for this action. Letter Approving Joint Proposed Schedule 
February 22, 2010 U.S. Magistrate Judge Andrew J. Peck orders that the Initial Pretrial Conference shall take place on March 17th at 10:30 a.m. Pre-Trial Conference Order 
February 19, 2010 U.S. Magistrate Judge Peck orders that the time for the Defendants to move or otherwise respond to the Complaint is extended to April 9, 2010. Signed Stipulation for Extension to Answer 
January 26, 2010

U.S. Magistrate Judge Andrew J. Peck issues an Initial Order.

Initial Order 
January 19, 2010

Wi-LAN commences action against LGE for fraud, breach of contract and patent infringement.

 

Complaint
Civil Cover Sheet