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| RFC Case Number: |
P-D09-200B |
| Court Case Number: |
9:09-cv-00200-RC |
| File Date: |
Thursday, December 03, 2009 |
| Plaintiff: |
D2L Ltd.
Desire2Learn Incorporated
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| Plaintiff Counsel: |
Brian K Erickson, John M Guaragna, John Allcock, John C. Dougherty, Hugh J. Marbury, Sonia Cho of DLA Piper US LLP
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| Defendant: |
Blackboard, Inc.
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| Cause: |
28:2201 Declaratory Judgement |
| Court: |
Texas Eastern District Court |
| Judge: |
Judge Ron Clark
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| Notes: |
Case in other court: Maryland, 1:09-cv-01763 |
| Patent Details: |
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Docket Text
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| Date |
# |
Docket Text |
| 12/3/2009 |
39 |
Case transferred in from District of Maryland; Case Number 1:09-cv-01763. Original file with documents numbered 1 - 38, certified copy of transfer order and docket sheet received. (Entered: 12/03/2009) |
| 12/2/2009 |
38 |
Correspondence from Clerk to the Eastern District of Texas, Lufkin Division re: Transfer. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 12/02/2009) |
| 12/2/2009 |
37 |
ORDER DENYING 34 Motion of plaintiffs for Leave to File Surreply; GRANTING IN PART AND DENYING IN PART 16 Motion of defendant to Dismiss for Lack of Jurisdiction; DENYING AS MOOT 19 Motion of plaintiffs to Amend/Correct the filing date; GRANTING 27 Motion of defendant to Change Venue to the Eastern District of Texas. Signed by Judge William D Quarles, Jr on 12/2/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 12/02/2009) |
| 12/2/2009 |
36 |
MEMORANDUM OPINION. Signed by Judge William D Quarles, Jr on 12/2/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 12/02/2009) |
| 10/30/2009 |
35 |
RESPONSE in Opposition re 34 MOTION for Leave to File Sur-Reply to Blackboard's Motion to Transfer Venue to the Eastern District of Texas filed by Blackboard, Inc.. Replies due by 11/13/2009. (Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 10/30/2009) |
| 10/29/2009 |
34 |
MOTION for Leave to File Sur-Reply to Blackboard's Motion to Transfer Venue to the Eastern District of Texas by D2L Ltd., Desire2Learn Incorporated Responses due by 11/16/2009 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Guaragna, John) [Transferred from Maryland on 12/3/2009.] (Entered: 10/29/2009) |
| 10/19/2009 |
33 |
ORDER granting 31 Motion to Seal Blackboard's Reply in Support of Its Motion to Transfer Venue to the Eastern District of Texas. Signed by Judge William D Quarles, Jr on 10/19/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 10/19/2009) |
| 10/16/2009 |
32 |
REPLY to Response to Motion re 27 MOTION to Change Venue to the Eastern District of Texas filed by Blackboard, Inc. (Nadel, Michael) (Additional attachment(s) added on 10/19/2009: # 1 SEALED REPLY, # 2 SEALED EXHIBIT 5, # 3 SEALED EXHIBIT 6, # 4 SEALED WATSON DECLARATION) (hmls, Deputy Clerk). [Transferred from Maryland on 12/3/2009.] (Entered: 10/16/2009) |
| 10/16/2009 |
31 |
Consent MOTION to Seal Blackboard's Reply in Support of Its Motion in the Alternative to Transfer Venue to the Eastern District of Texas (Doc. # 32) by Blackboard, Inc. Responses due by 11/2/2009 (Attachments: # 1 Attachment A, # 2 Proposed Order)(Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 10/16/2009) |
| 10/9/2009 |
30 |
RESPONSE in Opposition re 27 MOTION to Change Venue to the Eastern District of Texas filed by D2L Ltd., Desire2Learn Incorporated. Replies due by 10/23/2009. (Attachments: # 1 Exhibit A to Opposition, # 2 Trick Declaration, # 3 Fountain Declaration, # 4 Exhibit 1 to Fountain Decl., # 5 Exhibit 2 to Fountain Decl., # 6 Exhibit 3 to Fountain Decl., # 7 Exhibit 4 to Fountain Decl., # 8 Exhibit 5 to Fountain Decl., # 9 Exhibit 6 to Fountain Decl., # 10 Exhibit 7 to Fountain Decl., # 11 Exhibit 8 to Fountain Decl., # 12 Exhibit 9 to Fountain Decl., # 13 Exhibit 10 to Fountain Decl., # 14 Exhibit 11 to Fountain Decl., # 15 Exhibit 12 to Fountain Decl., # 16 Exhibit 13 to Fountain Decl., # 17 Exhibit 14 to Fountain Decl., # 18 Text of Proposed Order)(Guaragna, John) [Transferred from Maryland on 12/3/2009.] (Entered: 10/09/2009) |
| 9/29/2009 |
29 |
Marginal ORDER granting 28 Motion for Extension of Time to File Response re 27 MOTION to Change Venue to the Eastern District of Texas. Responses due by 10/9/2009. Signed by Judge William D Quarles, Jr on 9/29/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 09/29/2009) |
| 9/28/2009 |
28 |
Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Change Venue to the Eastern District of Texas by D2L Ltd., Desire2Learn Incorporated Responses due by 10/15/2009 (Guaragna, John) [Transferred from Maryland on 12/3/2009.] (Entered: 09/28/2009) |
| 9/15/2009 |
27 |
MOTION to Change Venue to the Eastern District of Texas by Blackboard, Inc. Responses due by 10/2/2009 (Attachments: # 1 Blackboard's Memorandum in Support of Its Motion to Transfer Venue to the Eastern District of Texas, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Declaration of Karen Heppler, # 7 Proposed Order)(Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 09/15/2009) |
| 9/15/2009 |
26 |
REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction filed by Blackboard, Inc.. (Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 09/15/2009) |
| 9/2/2009 |
25 |
RESPONSE in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction filed by D2L Ltd., Desire2Learn Incorporated. Replies due by 9/16/2009. (Attachments: # 1 Declaration of John M. Guaragna, # 2 Exhibit 1 to Guaragna Decl., # 3 Exhibit 2 to Guaragna Decl., # 4 Exhibit 3 to Guaragna Decl., # 5 Exhibit 4 to Guaragna Decl., # 6 Exhibit 5 to Guaragna Decl., # 7 Exhibit 6 to Guaragna Decl., # 8 Exhibit 7 to Guaragna Decl., # 9 Exhibit 8 to Guaragna Decl., # 10 Exhibit 9 to Guaragna Decl., # 11 Exhibit 10 to Guaragna Decl., # 12 Exhibit 11 to Guaragna Decl., # 13 Exhibit 12 to Guaragna Decl., # 14 Exhibit 13 to Guaragna Decl., # 15 Exhibit 14 to Guaragna Decl., # 16 Exhibit 15 to Guaragna Decl., # 17 Exhibit 16 to Guaragna Decl., # 18 Declaration of Diane Lank, # 19 Exhibit A to Lank Decl., # 20 Declaration of Louis P. Svendsen, # 21 Exhibit A to Svendsen Decl., # 22 Text of Proposed Order)(Guaragna, John) [Transferred from Maryland on 12/3/2009.] (Entered: 09/02/2009) |
| 9/2/2009 |
24 |
REPLY to Response to Motion re 19 MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment filed by D2L Ltd., Desire2Learn Incorporated. (Attachments: # 1 Text of Proposed Order)(Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 09/02/2009) |
| 8/28/2009 |
23 |
RESPONSE to Motion re 19 MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment filed by Blackboard, Inc.. Replies due by 9/11/2009. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 08/28/2009) |
| 8/26/2009 |
22 |
Marginal ORDER granting 21 Motion for Extension of Time to File Response re 16 MOTION to Dismiss for Lack of Jurisdiction. Responses due by 9/2/2009. Signed by Judge William D Quarles, Jr on 8/26/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 08/26/2009) |
| 8/25/2009 |
21 |
Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction by D2L Ltd., Desire2Learn Incorporated. Responses due by 9/11/2009 (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 08/25/2009) |
| 8/17/2009 |
20 |
Supplemental to 19 MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment filed by D2L Ltd., Desire2Learn Incorporated Corrected Text of Proposed Order. (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 08/17/2009) |
| 8/14/2009 |
19 |
MOTION to Amend/Correct 1 Complaint Filing Date of Complaint for Declaratory Judgment by D2L Ltd., Desire2Learn Incorporated Responses due by 8/31/2009 (Attachments: # 1 Memorandum in Support of Motion to Correct Filing Date of Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 08/14/2009) |
| 8/14/2009 |
18 |
(FILED IN ERROR) MOTION to Amend/Correct the Filing Date of Complaint for Declaratory Judgment by D2L Ltd., Desire2Learn Incorporated Responses due by 8/31/2009 (Attachments: # 1 Memorandum in Support of Motion to Correct the Filing Date of Complaint for Declaratory Judgment, # 2 Text of Proposed Order)(Cho, Sonia) Modified on 8/17/2009 (hmls, Deputy Clerk). [Transferred from Maryland on 12/3/2009.] (Entered: 08/14/2009) |
| 8/14/2009 |
17 |
(FILED IN ERROR) MOTION to Amend/Correct the Filing Date of Complaint for Declaratory Judgment by D2L Ltd., Desire2Learn Incorporated Responses due by 8/31/2009 (Attachments: # 1 Text of Proposed Order)(Cho, Sonia) Modified on 8/17/2009 (hmls, Deputy Clerk). [Transferred from Maryland on 12/3/2009.] (Entered: 08/14/2009) |
| 8/10/2009 |
16 |
MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 8/27/2009) by Blackboard, Inc. (Attachments: # 1 Memorandum in Support of Motion to Dismiss for Lack of Subject Matter Jurisdiction, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Matthew Small, # 8 Declaration of Michael S. Nadel, # 9 Proposed Order)(Nadel, Michael) Modified on 8/10/2009 (hmls, Deputy Clerk). [Transferred from Maryland on 12/3/2009.] (Entered: 08/10/2009) |
| 7/26/2009 |
15 |
PAPERLESS ORDER granting 14 Motion to Appear Pro Hac Vice for attorney John Allcock on behalf of D2L Ltd. and Desire2Learn Incorporated. Directing attorney John Allcock to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 07/26/09. (md, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/26/2009) |
| 7/21/2009 |
14 |
MOTION to Appear Pro Hac Vice for John Allcock on behalf of D2L Ltd., Desire2Learn Incorporated. Filing fee $ 50, receipt number 04160000000002177982. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/21/2009) |
| 7/21/2009 |
13 |
ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint. Blackboard, Inc. answer due 8/26/2009. Signed by Judge William D Quarles, Jr on 7/21/09. (hmls, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/21/2009) |
| 7/20/2009 |
12 |
Consent MOTION for Extension of Time to File Answer re 1 Complaint by Blackboard, Inc. Responses due by 8/6/2009 (Attachments: # 1 Text of Proposed Order)(Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 07/20/2009) |
| 7/13/2009 |
11 |
FILED IN ERROR. ATTORNEY WILL REFILE. MOTION to Appear Pro Hac Vice for John Allcock on behalf of D2L Ltd., Desire2Learn Incorporated Filing fee $ 50, receipt number 04160000000002177982. by D2L Ltd., Desire2Learn Incorporated (Cho, Sonia) Modified on 7/22/2009 (md, Deputy Clerk). [Transferred from Maryland on 12/3/2009.] (Entered: 07/13/2009) |
| 7/13/2009 |
10 |
PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice for attorney Brian K. Erickson on behalf of D2L Ltd. and Desire2Learn Incorporated. Directing attorney Brian K. Erickson to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 07/13/09. (md, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/13/2009) |
| 7/13/2009 |
9 |
PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice for attorney John M. Guaragna on behalf of D2L Ltd. and Desire2Learn Incorporated. Directing attorney John M. Guaragna to register on-line for CM/ECF at http://www.mdd.uscourts.gov/attorney/registration.asp. Signed by Clerk on 07/13/09. (md, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/13/2009) |
| 7/10/2009 |
8 |
NOTICE of Appearance by Michael S Nadel on behalf of Blackboard, Inc. (Nadel, Michael) [Transferred from Maryland on 12/3/2009.] (Entered: 07/10/2009) |
| 7/9/2009 |
7 |
MOTION to Appear Pro Hac Vice for Brian K. Erickson on behalf of D2L Ltd., Desire2Learn Incorporated Filing fee $ 50, receipt number 04160000000002174491. by D2L Ltd., Desire2Learn Incorporated (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 07/09/2009) |
| 7/9/2009 |
6 |
MOTION to Appear Pro Hac Vice for John M. Guaragna on behalf of D2L Ltd., Desire2Learn Incorporated Filing fee $ 50, receipt number 04160000000002173982. by D2L Ltd., Desire2Learn Incorporated (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 07/09/2009) |
| 7/9/2009 |
5 |
SUMMONS Returned Executed by D2L Ltd., Desire2Learn Incorporated. Blackboard, Inc. served on 7/7/2009, answer due 7/27/2009. (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 07/09/2009) |
| 7/7/2009 |
4 |
Correspondence mailed to the Director of the US Patent & Trademark Office. (raf, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/07/2009) |
| 7/7/2009 |
3 |
Summons Issued 20 days as to Blackboard, Inc. (raf, Deputy Clerk) [Transferred from Maryland on 12/3/2009.] (Entered: 07/07/2009) |
| 7/7/2009 |
2 |
Local Rule 103.3 Disclosure Statement by D2L Ltd., Desire2Learn Incorporated. (Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 07/07/2009) |
| 7/6/2009 |
1 |
COMPLAINT for Declaratory Judgment against Blackboard, Inc. ( Filing fee $ 350 receipt number 04160000000002170012.), filed by D2L Ltd., Desire2Learn Incorporated. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Cho, Sonia) [Transferred from Maryland on 12/3/2009.] (Entered: 07/07/2009) |
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