Digital Background Corporation v. Apple, Inc.

Filing 37

Digital Background Corporation v. Apple, Inc.

Doc. 3

CJRA_B, CLOSED

U.S. District Court Southern District of Illinois (East St. Louis) CIVIL DOCKET FOR CASE #: 3:07-cv-00803-JPG-CJP
Digital Background Corporation v. Apple, Inc. Assigned to: Judge J. Phil Gilbert Referred to: Magistrate Judge Clifford J. Proud Cause: 35:271 Patent Infringement Plaintiff Digital Background Corporation represented by Paul A. Lesko SimmonsCooper - East Alton Generally Admitted 707 East Berkshire Boulevard P.O. Box 521 East Alton, IL 62024 618-259-2222 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Katharine Anne Wark SimmonsCooper - East Alton 707 East Berkshire Boulevard P.O. Box 521 East Alton, IL 62024 618-259-2222 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Stephen C. Smith SimmonsCooper - East Alton 707 East Berkshire Boulevard P.O. Box 521 East Alton, IL 62024 618-259-2222 Fax: [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Ted N. Gianaris SimmonsCooper - East Alton 707 East Berkshire Boulevard P.O. Box 521 East Alton, IL 62024 618-251-2222 Email: [e-mail] ATTORNEY TO BE NOTICED Date Filed: 11/14/2007 Date Terminated: 03/17/2008 Jury Demand: Both Nature of Suit: 830 Patent Jurisdiction: Federal Question

Dockets.Justia.com

V. Defendant Apple, Inc. represented by Christina M. Finn Howrey LLP-East Palo Alto, CA. 1950 University Avenue 4th Floor East Palo Alto, CA 94303 650-798-3526 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Dutro E. Campbell, II Husch Blackwell et al Generally Admitted 190 Carondelet Plaza Suite 600 St. Louis, MO 63105 314-480-1500 Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Henry C. Bunsow Howrey LLP-San Francisco, CA. 525 Market St. Suite 3600 San Francisco, CA 94105-2708 415-848-4946 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED James F. Valentine Howrey LLP-East Palo Alto, CA. 1950 University Avenue 4th Floor East Palo Alto, CA 94303 650-798-3560 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jason Anderson Howrey LLP-East Palo Alto, CA. 1950 University Avenue 4th Floor East Palo Alto, CA 94303 650-798-3544

Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph P. Conran Husch &Eppenberger - St. Louis 190 Carondelet Plaza Suite 600 St. Louis, MO 63105 314-480-1500 Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Moran Howrey LLP-East Palo Alto, CA. 1950 University Avenue 4th Floor East Palo Alto, CA 94303 650-798-3649 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Greg G. Gutzler Husch &Eppenberger - St. Louis 190 Carondelet Plaza Suite 600 St. Louis, MO 63105 314-480-1500 Email: [e-mail] ATTORNEY TO BE NOTICED Counter Claimant Apple, Inc. represented by Christina M. Finn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dutro E. Campbell, II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Henry C. Bunsow (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED James F. Valentine (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Jason Anderson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph P. Conran (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Ryan Moran (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Greg G. Gutzler (See above for address) ATTORNEY TO BE NOTICED

V. Counter Defendant Digital Background Corporation represented by Paul A. Lesko (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen C. Smith (See above for address) ATTORNEY TO BE NOTICED

Date Filed 11/14/2007

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Docket Text Case Opened. Filing fee paid $ 350.00, Receipt Number 34625002417. Documents may now be electronically filed. Case number 07-803-DRH must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice to Consent by Magistrate Judge)(tkm ) (Entered: 11/14/2007) COMPLAINT against Apple, Inc. (Filing fee $ 350.), filed by Digital Background Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Civil Cover Sheet)(Lesko, Paul) (Entered: 11/14/2007) Corporate Disclosure Statement by Digital Background Corporation. (Lesko, Paul) (Entered: 11/14/2007) AO 120 Report on the filing or determination of an action regarding a Patent or Trademark. (tkm ) (Entered: 11/16/2007) Summons Issued as to Apple, Inc. (tkm ) (Entered: 11/16/2007) SUMMONS Returned Executed by Digital Background Corporation. Apple, Inc. served on 11/30/2007, answer due 12/20/2007. (Lesko, Paul) (Entered: 12/04/2007)

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ORDER OF RECUSAL. Judge David R Herndon recused. Case reassigned to Judge William D. Stiehl for all further proceedings. Signed by Judge David R Herndon on 12/12/07. (pab ) (Entered: 12/12/2007) Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Apple, Inc.. (Gutzler, Greg) (Entered: 12/18/2007) ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge J. Phil Gilbert for all further proceedings. Signed by Judge William D. Stiehl on 12/19/07. (jkb) (Entered: 12/19/2007) ORDER, Granting 8 Consent MOTION for Extension of Time up to 1/22/08 to File Answer or Otherwise Plead filed by Apple, Inc. Signed by Judge Clifford J. Proud on 12/21/07. (amv) (Entered: 12/24/2007) NOTICE of Appearance by Joseph P. Conran on behalf of Apple, Inc. (Conran, Joseph) (Entered: 12/26/2007) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Dutro E. Campbell, II for Apple, Inc. $100.00 fee paid,receipt number 34625003273 (tkm ) (Entered: 12/28/2007) NOTICE of Appearance by Dutro E. Campbell, II on behalf of Apple, Inc. (Campbell, Dutro) (Entered: 01/04/2008) ELECTRONIC ORDER by Judge J. Phil Gilbert re DOC. 11 filed by APPLE, INC. Party failed to file corporate disclosure as required by F.R.Civ.P. 7.1. Requisite filing must be made on or before 1/25/2008. Failure to do so may result in the striking of all present and future filings.Signed by Judge J. Phil Gilbert on 1/8/08. (kmb, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/08/2008) NOTICE of Appearance by Stephen C. Smith on behalf of Digital Background Corporation (Smith, Stephen) (Entered: 01/08/2008) Corporate Disclosure Statement by Apple, Inc.. (Campbell, Dutro) (Entered: 01/09/2008) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Jason Anderson for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: 01/16/2008) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Henry C. Bunsow for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: 01/16/2008) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Christina M. Finn for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm) (Entered: 01/16/2008) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Ryan Moran for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: 01/16/2008) Motion and Order to Appear Pro Hac Vice granting appearance of Attorney James F. Valentine for Apple, Inc. $100.00 fee paid,receipt number 34625003568 (tkm ) (Entered: 01/16/2008) CJRA TRACK B assigned:Final Pretrial Conference set for 1/9/2009 at 09:30 AM in Benton Court House before Judge J. Phil Gilbert.,Jury Trial set for 1/20/2009 at 09:00 AM in Benton Court House before Judge J. Phil Gilbert. (by:kjr) (Entered: 01/17/2008) NOTICE of Scheduling and Discovery Conference: Telephone Scheduling/Discovery Conference set for 2/19/2008 10:00 AM in East St. Louis Court House before Mag/Judge Clifford J. Proud. (amv) (Entered: 01/18/2008)

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ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Digital Background Corporation by Apple, Inc..(Conran, Joseph) (Entered: 01/22/2008) MOTION to Transfer Case by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Bruce Arthur, # 2 Affidavit Declaration of James F. Valentine, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Certificate of Service)(Valentine, James) (Entered: 02/06/2008) NOTICE of Appearance by Katharine Anne Wark on behalf of Digital Background Corporation (Wark, Katharine) (Entered: 02/13/2008) NOTICE of Appearance by Ted N. Gianaris on behalf of Digital Background Corporation (Gianaris, Ted) (Entered: 02/13/2008) MOTION to Dismiss Counterclaim Count III, or in the Alternative, Motion to Strike Counterclaim Count III of Defendant Apple, Inc. by Digital Background Corporation. Responses due by 3/18/2008 (Lesko, Paul) (Entered: 02/14/2008) Minute Entry for proceedings held before Magistrate Judge Clifford J. Proud: The Court has received the Joint Report of the Parties. The Telephone Scheduling Conference set 2/19/08 is cancelled. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/14/2008) MEMORANDUM in Opposition re 25 MOTION to Transfer Case filed by Digital Background Corporation. (Attachments: # 1 Exhibit A - Apple Reports Fourth Quarter Results, # 2 Exhibit B - Westlaw - Apple Computer, Inc. v. Unova, Inc.; D.Del, 2003, # 3 Exhibit C - Excerpt, Apple, Inc.'s Form 10-K Filed with SEC, # 4 Exhibit D - List of Authorized Apple Resellers within Zip Code 62201)(Lesko, Paul) (Entered: 02/25/2008) REPLY to Response to Motion re 25 MOTION to Transfer Case filed by Apple, Inc.. (Attachments: # 1 Affidavit Declaration of Christina M. Finn, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Certificate of Service)(Valentine, James) (Entered: 03/04/2008) MOTION to Withdraw as Attorney by Digital Background Corporation. (Wark, Katharine) (Entered: 03/17/2008) MOTION to Withdraw as Attorney by Apple, Inc.. (Gutzler, Greg) (Entered: 03/17/2008) MEMORANDUM AND ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of California. Signed by Judge J. Phil Gilbert on 3/17/08. (dka, ) (Entered: 03/18/2008) Letter to Northern District of California re case transfer (dka, ) (Entered: 03/18/2008) Case electronically transferred to Northern District of California. (djs) (Entered: 06/30/2008)

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