VDPP, LLC v. Vivitek Corporation

Filing 10

***ORDER VACATED PER ORDER AT DOCKET #13 .*** ORDER RE #6 NOTICE OF RELATED CASES. Signed by Judge Lisa J. Cisneros on 3/28/2024. (bns, COURT STAFF) (Filed on 3/28/2024) Modified on 5/15/2024 (jml, COURT STAFF). Modified on 5/15/2024 (jml, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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VDPP, LLC,

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Plaintiff,

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v.

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VIVITEK CORPORATION,

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Defendant.

United States District Court
Northern District of California

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Case No. 24-cv-01781-LJC
Also filed in Case No. 24-cv-01672-LJC
ORDER RE: NOTICE OF RELATED
CASES
Re: ECF No. 6

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On March 22, 2024, Plaintiff VDPP, LLC filed a “Notice of Related Cases,” asserting that

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“all related cases” listed in the attached exhibit are “related by common entity, VDPP, LLC and

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common patents.” ECF No. 6. There are two cases listed in the exhibit, Case No. 24-cv-01672

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(N.D. Cal.), currently pending before the undersigned and initially filed on March 18, 2024, and

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Case No. 24-cv-01118 (N.D. Cal.), currently pending before the Honorable Susan van Keulen and

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initially filed on February 23, 2024.1 ECF No. 6-1. Contrary to VDPP’s assertion, only Case No.

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24-cv-01118 asserts infringement of a common patent.2 Both Case No. 24-cv-01118 and this case

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concern U.S. Patent No. 10,951,881.
Per Patent Local Rule 2-1(a)(1), “[w]hen actions concerning the same patent are filed

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within two years of each other by the same plaintiff, they will be deemed related.” Any party that

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knows or learns that actions concerning the same patent are related must file “in each such case A

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The exhibit lists the wrong defendant for both cases. VDPP incorrectly asserts that Case No. 24cv-01672 is brought against Motorola Mobility, Inc., but the defendant is Motorola Mobility,
LLC. VDPP also incorrectly asserts that Case No. 24-cv-01118 is brought against Vivo, Inc., but
the defendant is Optoma Technology, Inc.
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Case No. 24-cv-01672 asserts infringement only of U.S. Patent No. 9,426,452, which is not at
issue in either Case No. 24-cv-01118 (U.S. Patent Nos. 9,699,444, 10,021,380, and 10,951,881) or
this case (U.S. Patent Nos. 10,951,881 and 9,948,922).

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Notice of Pendency of Other Action Involving Same Patent.” Patent L.R. 2-1(a)(2). VDPP did

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not caption its filing as a “Notice of Pendency of Other Action Involving Same Patent.” And even

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though it also filed a “Notice of Related Cases” in Case No. 24-cv-01672, it did not file any type

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of notice in Case No. 24-cv-01118.

United States District Court
Northern District of California

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Nevertheless, because both Case No. 24-cv-01118 and this case concern U.S. Patent No.

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10,951,881, and they were filed within two years of each other, the two actions are deemed related

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pursuant to Patent Local Rule 2-1(a)(1). The Clerk of Court is hereby directed to treat VDPP’s

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filing in this case at ECF No. 6 as a “Notice of Pendency of Other Action Involving Same Patent.”

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Per Patent Local Rule 2-1(a)(3), “[p]ursuant to the Assignment Plan, the Clerk will reassign the

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related higher-numbered cases to the Judge assigned to the lowest-numbered case….”

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Accordingly, the Clerk shall reassign the present action (Case No. 24-cv-01781) to the Honorable

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Susan van Keulen.

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As for Case. No. 24-cv-01672, Patent Local Rule 2-1(a) does not apply because the cases

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do not concern the same patent. If VDPP believes the cases are related for other reasons, VDPP

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must file an administrative motion in the lowest-numbered case consistent with Civil Local Rule

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3-12(b), and as it was instructed to do by the Clerk of Court on March 19, 2024.

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Finally, the Court notes that VDPP’s attorney William Peterson Ramey III has not filed an

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application to proceed pro hac vice in conjunction with VDPP’s Complaint as required by Civil

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Local Rule 11-3(b) and directs him to do so immediately.

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IT IS SO ORDERED.
Dated: March 28, 2024

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LISA J. CISNEROS
United States Magistrate Judge

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