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CM/ECF LIVE - U.S. District Court:txed
CLOSED, JURY, PATENT

U.S. District Court [LIVE]
Eastern District of TEXAS (Tyler)
CIVIL DOCKET FOR CASE #: 6:06-cv-00323-LED


Orion IP, LLC v. Nike, Inc., et al
Assigned to: Judge Leonard Davis
Related Case: 6:07-cv-00106-LED
Cause: 35:271 Patent Infringement

Date Filed: 03/16/2006
Date Terminated: 06/12/2007
Jury Demand: Plaintiff
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Mediator
Michael Philip Patterson
Plaintiff
Orion IP, LLC represented byDanny Lloyd Williams
Williams Morgan & Amerson
10333 Richmond
Suite 1100
Houston , TX 77042
713/934-4060
Fax: 17139347011
Email: dwilliams@wmalaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Michael Pridham
David Pridham
Law Office of David Pridham
25 Linden Road
Barrington , RI 02806
401-633-7247
Fax: 401-633-7247
Email: david@PridhamIPLaw.com
ATTORNEY TO BE NOTICED

J Mike Amerson
Williams Morgan & Amerson PC
10333 Richmond
Suite 1100
Houston , TX 77042
713/934-4055
Fax: 17139347011
Email: mike@wmalaw.com
ATTORNEY TO BE NOTICED

Keith Alan Rutherford
Wong Cabello Lutsch, Rutherford & Brucculeri
20333 SH 249
Ste 600
Houston , TX 77070
832/446-2425
Fax: 832/446-2424
Email: krutherford@counselip.com
ATTORNEY TO BE NOTICED

Marilyn M Huston
Wong Cabello Lutsch, Rutherford & Brucculeri
20333 SH 249
Ste 600
Houston , TX 77070
832-466-2421
Fax: 18324462424
Email: mhuston@counselip.com
ATTORNEY TO BE NOTICED

Richard J Pearson , Jr
Orion IP, LLC
101 Peregrine Way, NW
Kennesaw , GA 30144-5329
678/977-2261
Email: richard@ipnav.com
TERMINATED: 04/05/2007

Ruben Singh Bains
Williams Morgan & Amerson PC
10333 Richmond
Suite 1100
Houston , TX 77042
713/934-4064
Fax: 713/934-7011
Email: rbains@wmalaw.com
ATTORNEY TO BE NOTICED

Russell T. Wong
Wong Cabello Lutsch, Rutherford & Brucculeri
20333 SH 249
Ste 600
Houston , TX 77070
832/446-2420
Email: rwong@counselip.com
ATTORNEY TO BE NOTICED

Terry D Morgan
Williams Morgan & Amerson PC
10333 Richmond
Suite 1100
Houston , TX 77042
713/934-4050
Fax: 713/934-7011
Email: tmorgan@wmalaw.com
ATTORNEY TO BE NOTICED

Thomas John Ward , Jr
Ward & Smith Law Firm
P O Box 1231
Longview , TX 75606-1231
903/757-6400
Fax: 903/757-2323
Email: jw@jwfirm.com
ATTORNEY TO BE NOTICED

V.
Defendant
Nike, Inc.,
TERMINATED: 09/28/2006
represented byJ Thad Heartfield
The Heartfield Law Firm
2195 Dowlen Rd
Beaumont , TX 77706
409/866-3318
Fax: 14098665789
Email: thad@jth-law.com
TERMINATED: 09/28/2006
LEAD ATTORNEY

Christopher J Renk
Banner & Witcoff - Chicago
Ten South Wacker
Suite 3000
Chicago , IL 60606
312/463-5000
Fax: 312/463-5001
Email: crenk@bannerwitcoff.com
TERMINATED: 09/28/2006

Janice V Mitrius
Banner & Witcoff - Chicago
Ten South Wacker
Suite 3000
Chicago , IL 60606
312/463-5000
Fax: 312/463-5001
Email: jmitrius@bannerwitcoff.com
TERMINATED: 09/28/2006

Thomas K Pratt
Banner & Witcoff - Chicago
Ten South Wacker
Suite 3000
Chicago , IL 60606
312/463-5000
Fax: 312/463-5001
Email: tpratt@bannerwitcoff.com
TERMINATED: 09/28/2006
Defendant
Adidas Salomon North America, Inc.,
TERMINATED: 06/30/2006
represented byMichael Edwin Jones
Potter Minton PC
110 N College
Suite 500
PO Box 359
Tyler , TX 75710-0359
903/597/8311
Fax: 9035930846
Email: mikejones@potterminton.com
ATTORNEY TO BE NOTICED
Defendant
Adidas America, Inc.
TERMINATED: 06/30/2006
doing business as
Adidas International
TERMINATED: 06/30/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Adidas Promotional Retail Operations, Inc.,
TERMINATED: 06/30/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Best Buy Co. Inc.,
TERMINATED: 08/07/2006
represented byRickey Lawrence Faulkner
Rickey L. Faulkner, P.C.
P. O. Box 3367
Longview , TX 75606-3367
9032488246
Fax: 19032488249
Email: rick@faulknerlawoffice.com
LEAD ATTORNEY

Michael A Collyard
Robins Kaplan Miller & Ciresi - Minneapolis
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis , MN 55402-2015
612/349-8500
Fax: 612/339-4181
Email: macollyard@rkmc.com

Timothy M Block
Robins Kaplan Miller & Ciresi - Minneapolis
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis , MN 55402-2015
612/349-8500
Fax: 612/339-4181
Email: tmblock@rkmc.com
Defendant
Lowes Companies, Inc.,
TERMINATED: 07/17/2006
represented byAshley Lauren Rodgers
Akin Gump Strauss Hauer & Feld - Austin
300 West 6th St
Suite 2100
Austin , TX 78701
512/499-6252
Email: arodgers@akingump.com
Defendant
Autozone, Inc.,
TERMINATED: 05/22/2007
represented byAllen Franklin Gardner
Potter Minton PC
110 N College
Suite 500
PO Box 359
Tyler , TX 75710-0359
903/597-8311
Email: allengardner@potterminton.com
ATTORNEY TO BE NOTICED

Benjamin L Singer
Quinn Emanuel Urquhart Oliver & Hedges - Redwood
555 Twin Dolphin Dr
Suite 560
Redwood Shores , CA 94065
650/801-5000
Fax: 650/801-5100
Email: benjaminsinger@quinnemanuel.com
TERMINATED: 09/12/2006
PRO HAC VICE

Douglas Ray McSwane , Jr
Potter Minton
P. O. Box 359
Tyler , TX 75710
903/597/8311
Fax: 9035930846
Email: dougmcswane@potterminton.com
ATTORNEY TO BE NOTICED

Eric R Hubbard
Ropes & Gray - New York
1211 Avenue of the Americas
New York , NY 10036
212/596-9000
Fax: 212/596-9090
Email: eric.hubbard@ropesgray.com
ATTORNEY TO BE NOTICED

Francisco A Villegas
Ropes & Gray - New York
1211 Avenue of the Americas
New York , NY 10036
212-596-9000
Fax: 212-596-9090
Email: francisco.villegas@ropesgray.com
ATTORNEY TO BE NOTICED

Frank G Smith , III
Alston & Bird - Atlanta
One Atlantic Center
1201 West Peachtree Street
Atlanta , GA 30309-3424
404/881-7240
Fax: 404/253-8184
Email: frank.smith@alston.com
ATTORNEY TO BE NOTICED

Gene W Lee
Ropes & Gray - New York
1211 Avenue of the Americas
New York , NY 10036
212/596-9053
Fax: 646-728-2562
Email: gene.lee@ropesgray.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Gongjun Ji
Ropes & Gray - New York
1211 Avenue of the Americas
New York , NY 10036
212/596-9000
Fax: 212/596-9090
Email: gary.ji@ropesgray.com
ATTORNEY TO BE NOTICED

Jesse J Jenner
Ropes & Gray - Boston
One International Place
Boston , MA 02110
212-596-9019
Fax: 646-728-2581
Email: jesse.jenner@ropesgray.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Michael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED

Robert L Lee
Alston & Bird - Atlanta
One Atlantic Center
1201 West Peachtree Street
Atlanta , GA 30309-3424
404/881-7635
Fax: 404/881-7777
Email: bob.lee@alston.com
ATTORNEY TO BE NOTICED

Ryan W Koppelman
Alston & Bird - Atlanta
One Atlantic Center
1201 West Peachtree Street
Atlanta , GA 30309-3424
404/881-7742
Fax: 404/253-8542
Email: ryan.koppelman@alston.com
ATTORNEY TO BE NOTICED

William H Baker
Alston & Bird LLP - New York
90 Park Avenue
New York , NY 10016-1387
212/210-9487
Fax: 212/210-9444
Email: bill.baker@alston.com
ATTORNEY TO BE NOTICED
Defendant
Gateway, Inc.,
TERMINATED: 08/07/2006
represented byRonald Stephen Vickery
Ramey & Flock
100 East Ferguson
Ste 500
Tyler , TX 75702
903/597-3301
Fax: 9035972413
Email: rsvickery@gmail.com
LEAD ATTORNEY

William Bryan Farney
Dechert LLP - Austin
300 West 6th Street
Suite 1850
Austin , TX 78701
512/394-3010
Fax: 512/394-3001
Email: bryan.farney@dechert.com
LEAD ATTORNEY

Bryan Donivan Atkinson
Dechert LLP - Austin
300 West 6th Street
Suite 1850
Austin , TX 78701
512/394-3000
Fax: 512/394-3001
Email: bryan.atkinson@dechert.com

Eric Hugh Findlay
Findlay Craft
6760 Old Jacksonville Hwy
Suite 101
Tyler , TX 75703
903/534-1100
Fax: 903/534-1137
Email: efindlay@findlaycraft.com

Jeffrey Brian Plies
Dechert LLP - Austin
300 West 6th Street
Suite 1850
Austin , TX 78701
512/394-3012
Fax: 512/394-3001
Email: jeff.plies@dechert.com
Defendant
Emachines, Inc.,
TERMINATED: 08/07/2006
represented byRonald Stephen Vickery
(See above for address)
LEAD ATTORNEY

William Bryan Farney
(See above for address)
LEAD ATTORNEY

Bryan Donivan Atkinson
(See above for address)

Eric Hugh Findlay
(See above for address)

Jeffrey Brian Plies
(See above for address)
Defendant
Paccar, Inc.,
TERMINATED: 08/07/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paccar Sales North America, Inc.,
TERMINATED: 08/07/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Paccar Financial Services Corp.,
TERMINATED: 08/07/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Lenovo, Inc.,
TERMINATED: 06/15/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Sears Holding Corporation
TERMINATED: 08/07/2006
represented byJohn J. Edmonds
The Edmonds Law Firm, PC
709 Sabine Street
Houston , TX 77007
713/858-3320
Fax: 832/415-2535
Email: johnedmonds@edmondslegal.com
LEAD ATTORNEY

Michael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Sears Roebuck & Co.,
TERMINATED: 08/07/2006
represented byJohn J. Edmonds
(See above for address)
LEAD ATTORNEY

Michael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Land's End Inc.,
TERMINATED: 08/07/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Kmart Holding Corporation
TERMINATED: 08/07/2006
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED
Counter Claimant
Adidas Salomon North America, Inc.,
TERMINATED: 06/30/2006
Counter Claimant
Adidas America, Inc.
TERMINATED: 06/30/2006
Counter Claimant
Adidas Promotional Retail Operations, Inc.,
TERMINATED: 06/30/2006

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Lenovo, Inc.,
TERMINATED: 06/15/2006

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Paccar, Inc.,
TERMINATED: 08/07/2006
Counter Claimant
Paccar Sales North America, Inc.,
TERMINATED: 08/07/2006
Counter Claimant
Paccar Financial Services Corp.,
TERMINATED: 08/07/2006

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Autozone, Inc.,
TERMINATED: 05/22/2007
represented byMichael Edwin Jones
(See above for address)
ATTORNEY TO BE NOTICED

Robert L Lee
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Sears Holding Corporation
TERMINATED: 08/07/2006
Counter Claimant
Sears Roebuck & Co.,
TERMINATED: 08/07/2006
Counter Claimant
Land's End Inc.,
TERMINATED: 08/07/2006
represented byJohn J. Edmonds
(See above for address)
LEAD ATTORNEY
Counter Claimant
Kmart Holding Corporation
TERMINATED: 08/07/2006
represented byJohn J. Edmonds
(See above for address)
LEAD ATTORNEY

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Best Buy Co. Inc.,

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Autozone, Inc.,
TERMINATED: 05/22/2007
represented byRobert L Lee
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Orion IP, LLC
Counter Claimant
Autozone, Inc.,
TERMINATED: 05/22/2007
represented byRobert L Lee
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Orion IP, LLC

Date Filed #Docket Text
03/16/20061 ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT WITH JURY DEMAND against Lowes Companies, Inc.,, Autozone, Inc.,, Gateway, Inc.,, Emachines, Inc.,, Paccar, Inc.,, Paccar Sales North America, Inc.,, Paccar Financial Services Corp.,, Lenovo, Inc.,, Sears Holding Corporation, Sears Roebuck & Co.,, Land's End Inc.,, Kmart Holding Corporation, Nike, Inc.,, Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc.,, Best Buy Co. Inc., (Filing fee $ 250.) , filed by Orion IP, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit A part 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit C part 2# 6 Exhibit C part 3# 7 Exhibit C part 4# 8 Civil Cover Sheet)(ch, ) Additional attachment(s) added on 4/27/2006 (ch, ). (Entered: 03/16/2006)
03/16/2006 Filing fee: $ 250.00, receipt number 2-1-1266 (ch, ) (Entered: 03/16/2006)
03/16/2006 Summons Issued as to Lowes Companies, Inc.,, Autozone, Inc.,, Gateway, Inc.,, Emachines, Inc.,, Paccar, Inc.,, Paccar Sales North America, Inc.,, Paccar Financial Services Corp.,, Lenovo, Inc.,, Sears Holding Corporation, Sears Roebuck & Co.,, Land's End Inc.,, Kmart Holding Corporation, Nike, Inc.,, Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc.,, Best Buy Co. Inc.,. (ch, ) (Entered: 03/16/2006)
03/16/20062 Form mailed to Commissioner of Patents and Trademarks. (ch, ) (Entered: 03/16/2006)
03/24/20063 APPLICATION to Appear Pro Hac Vice by Attorney David Pridham for Orion IP, LLC. (ch, ) (Entered: 04/05/2006)
03/24/2006 Pro Hac Vice Filing fee paid by Pridham; Fee: $25, receipt number: 2-1-1309 (ch, ) (Entered: 04/05/2006)
04/03/20064 SUMMONS Returned Executed Process Server by Orion IP, LLC. Adidas America, Inc. served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/20065 SUMMONS Returned Executed Process Server by Orion IP, LLC. Adidas Salomon North America, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/20066 SUMMONS Returned Executed Process Server by Orion IP, LLC. Emachines, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/20067 SUMMONS Returned Executed Process server by Orion IP, LLC. Gateway, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/20068 SUMMONS Returned Executed Process Server by Orion IP, LLC. Kmart Holding Corporation served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/20069 SUMMONS Returned Executed Process Server by Orion IP, LLC. Land's End Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/200610 SUMMONS Returned Executed Process Server by Orion IP, LLC. Lenovo, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/200611 SUMMONS Returned Executed Process Server by Orion IP, LLC. Paccar Sales North America, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/200612 SUMMONS Returned Executed Process Server by Orion IP, LLC. Paccar, Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/05/2006)
04/03/200613 SUMMONS Returned Executed Process Server by Orion IP, LLC. Sears Holding Corporation served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/06/2006)
04/03/200614 SUMMONS Returned Executed Process Server by Orion IP, LLC. Best Buy Co. Inc., served on 3/21/2006, answer due 4/10/2006. (ch, ) (Entered: 04/06/2006)
04/03/200615 SUMMONS Returned Executed Process Server by Orion IP, LLC. Lowes Companies, Inc., served on 3/22/2006, answer due 4/11/2006. (ch, ) (Entered: 04/06/2006)
04/03/200616 SUMMONS Returned Executed Process Server by Orion IP, LLC. Autozone, Inc., served on 3/22/2006, answer due 4/11/2006. (ch, ) (Entered: 04/06/2006)
04/03/200617 SUMMONS Returned Executed Process Server by Orion IP, LLC. Sears Roebuck & Co., served on 3/22/2006, answer due 4/11/2006. (ch, ) (Entered: 04/06/2006)
04/03/200618 SUMMONS Returned Executed Process Server by Orion IP, LLC. Adidas Promotional Retail Operations, Inc., served on 3/23/2006, answer due 4/12/2006. (ch, ) (Entered: 04/06/2006)
04/03/200619 SUMMONS Returned Executed Process Server by Orion IP, LLC. Nike, Inc., served on 3/23/2006, answer due 4/12/2006. (ch, ) (Entered: 04/06/2006)
04/10/200620  MOTION for Extension of Time to File Answer re 1 Complaint,, or to Otherwise Respond, by Nike, Inc.,. (Attachments: # 1 Proposed Order)(Heartfield, J) (Entered: 04/10/2006)
04/10/200621  MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond (Agreed) by Sears Holding Corporation, Sears Roebuck & Co.,, Land's End Inc.,, Kmart Holding Corporation. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 04/10/2006)
04/10/200622 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond by Autozone, Inc.,. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 04/10/2006)
04/10/200623 Consent MOTION for Extension of Time to File Answer re 1 Complaint,, Move, or Otherwise Respond by Paccar, Inc.,, Paccar Sales North America, Inc.,, Paccar Financial Services Corp.,, Lenovo, Inc.,, Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc.,. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 04/10/2006)
04/10/200624  DEFENDANT'S ORIGINAL ANSWER to Complaint FOR PATENT INFRINGEMENT by Gateway, Inc.,.(Vickery, Ronald) (Entered: 04/10/2006)
04/10/200625  ORIGINAL ANSWER to Complaint FOR PATENT INFRINGEMENT by Emachines, Inc.,.(Vickery, Ronald) (Entered: 04/10/2006)
04/10/200626  MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond (Unopposed) by Lowes Companies, Inc.,. (Attachments: # 1 Proposed Order)(Rodgers, Ashley) (Entered: 04/10/2006)
04/10/200635 APPLICATION to Appear Pro Hac Vice by Attorney Jesse J Jenner for Autozone, Inc.. (ch, ) (Entered: 04/12/2006)
04/10/200636 APPLICATION to Appear Pro Hac Vice by Attorney William H Baker for Autozone, Inc.. (ch, ) (Entered: 04/12/2006)
04/10/200637 APPLICATION to Appear Pro Hac Vice by Attorney Eric R Hubbard for Autozone, Inc.. (ch, ) (Entered: 04/12/2006)
04/10/200638 APPLICATION to Appear Pro Hac Vice by Attorney Gene W Lee for Autozone, Inc.. (ch, ) (Entered: 04/12/2006)
04/10/200639 APPLICATION to Appear Pro Hac Vice by Attorney Francisco Villegas for Autozone, Inc.. (ch, ) (Entered: 04/12/2006)
04/10/200640 SUMMONS Returned Executed by Orion IP, LLC. Paccar Financial Services Corp., served on 3/23/2006, answer due 4/12/2006. (ehs, ) (Entered: 04/13/2006)
04/10/200641 APPLICATION to Appear Pro Hac Vice by Attorney Benjamin L Singer for Autozone, Inc.. (ch, ) (Entered: 04/13/2006)
04/10/2006 Pro Hac Vice Filing fee paid by Singer; Fee: $25, receipt number: 2-1-4751 (ch, ) (Entered: 04/13/2006)
04/10/2006 Pro Hac Vice Filing fee paid by Jenner, Baker, Hubbard, Lee, Singer, Villegar; Fee: $150.00, receipt number: 6-1-4751 (ch, ) (Entered: 04/13/2006)
04/10/200642 APPLICATION to Appear Pro Hac Vice by Attorney Benjamin L Singer for Autozone, Inc.. (ch, ) (Entered: 04/17/2006)
04/10/2006 Pro Hac Vice Filing fee paid by Singer; Fee: $25, receipt number: 6-1-4751 (ch, ) (Entered: 04/17/2006)
04/11/200627 NOTICE of Attorney Appearance by Keith Alan Rutherford on behalf of Orion IP, LLC (Rutherford, Keith) (Entered: 04/11/2006)
04/11/200628 NOTICE of Attorney Appearance by Russell Wong on behalf of Orion IP, LLC (Wong, Russell) (Entered: 04/11/2006)
04/11/200629 ORDER granting 20 Motion for Extension of Time to Answer. Deadline extended to 5/2/06 for deft Nike, Inc. . Signed by Judge T. John Ward on 4/11/06. (ehs, ) (Entered: 04/11/2006)
04/11/200630 ORDER granting 21 Motion for Extension of Time to Answer. Deadline extended to 5/10/06 for defts Sears Holding, Sears, Roebuck & Co, Lands' End, Inc and Kmart Holding . Signed by Judge T. John Ward on 4/11/06. (ehs, ) (Entered: 04/11/2006)
04/11/200631 ORDER granting 22 Motion for Extension of Time to Answer. Deadline extended to 5/11/06 for deft Autozone Inc . Signed by Judge T. John Ward on 4/11/06. (ehs, ) (Entered: 04/11/2006)
04/11/200632 ORDER granting 23 Motion for Extension of Time to Answer. Answer deadline is extended to 5/10/06 for deft's Adidas Salomon, Adidas American, Paccar Inc, Paccar Sales and Lenovo Inc . Signed by Judge T. John Ward on 4/11/06. (ehs, ) (Entered: 04/11/2006)
04/11/200633 ORDER granting 26 Motion for Extension of Time to Answer. Answer deadline is extended to 5/11/06 for deft Lowe's Companies . Signed by Judge T. John Ward on 4/11/06. (ehs, ) (Entered: 04/11/2006)
04/11/2006 Answer Due Deadline Updated for Lowes Companies, Inc., to 5/11/2006; Autozone, Inc., to 5/11/2006; Paccar, Inc., to 5/10/2006; Paccar Sales North America, Inc., to 5/10/2006; Lenovo, Inc., to 5/10/2006; Sears Holding Corporation to 5/10/2006; Sears Roebuck & Co., to 5/10/2006; Land's End Inc., to 5/10/2006; Kmart Holding Corporation to 5/10/2006; Nike, Inc., to 5/2/2006; Adidas Salomon North America, Inc., to 5/10/2006; Adidas America, Inc. to 5/10/2006. (ehs, ) (Entered: 04/11/2006)
04/12/200634 NOTICE of Attorney Appearance by Eric Hugh Findlay on behalf of Gateway, Inc.,, Emachines, Inc., (Findlay, Eric) (Entered: 04/12/2006)
04/17/200643 APPLICATION to Appear Pro Hac Vice by Attorney Gongjun Ji for Autozone, Inc.. (ch, ) (Entered: 04/19/2006)
04/17/2006 Pro Hac Vice Filing fee paid by Ji; Fee: $25, receipt number: 6-1-4831 (ch, ) (Entered: 04/19/2006)
05/02/200644  ANSWER to Complaint by Nike, Inc.,.(Heartfield, J) (Entered: 05/02/2006)
05/02/200645 CORPORATE DISCLOSURE STATEMENT filed by Orion IP, LLC identifying Plutus IP Holdings, LLC as Corporate Parent. (Rutherford, Keith) (Entered: 05/02/2006)
05/03/200646 CORPORATE DISCLOSURE STATEMENT filed by Nike, Inc., (Heartfield, J) (Entered: 05/03/2006)
05/05/200647 CORPORATE DISCLOSURE STATEMENT filed by Emachines, Inc., identifying Gateway, Inc. as Corporate Parent. (Vickery, Ronald) (Entered: 05/05/2006)
05/05/200648 FILED IN ERROR, PLEASE IGNORE - CORPORATE DISCLOSURE STATEMENT filed by Gateway, Inc., identifying Gateway, Inc. as Corporate Parent. (Vickery, Ronald) Modified on 5/8/2006 (sm, ). (Entered: 05/05/2006)
05/05/200649 ***REPLACES #48***

CORPORATE DISCLOSURE STATEMENT filed by Gateway, Inc., identifying Gateway, Inc. as Corporate Parent. (Vickery, Ronald) Modified on 5/8/2006 (sm, ). (Entered: 05/05/2006)
05/08/2006 ***FILED IN ERROR, WRONG PDF ATTACHED, ATTORNEY MUST REFILE. Document # 48, Corporate Disclosure Statement of Gateway. PLEASE IGNORE.***

(sm, ) (Entered: 05/08/2006)
05/10/200650  Original ANSWER to Complaint with Jury Demand and, COUNTERCLAIM of Defendants adidas Salomon North America, Inc., adidas America, Inc., and adidas Promotional Retail Operations, Inc. against Orion IP, LLC by Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc.,.(Jones, Michael) (Entered: 05/10/2006)
05/10/200651  Original ANSWER to Complaint with Jury Demand and, COUNTERCLAIM of Defendant Lenovo, Inc. against Orion IP, LLC by Lenovo, Inc.,.(Jones, Michael) (Entered: 05/10/2006)
05/10/200652  Original ANSWER to Complaint with Jury Demand and, COUNTERCLAIM of Defendants PACCAR, Inc., PACCAR Sales North America, Inc. and PACCAR Financial Services Corp. against Orion IP, LLC by Paccar, Inc.,, Paccar Sales North America, Inc.,, Paccar Financial Services Corp.,.(Jones, Michael) (Entered: 05/10/2006)
05/10/200653 CORPORATE DISCLOSURE STATEMENT filed by Paccar, Inc.,, Paccar Sales North America, Inc.,, Paccar Financial Services Corp., identifying PACCAR, Inc. as Corporate Parent. (Jones, Michael) (Entered: 05/10/2006)
05/10/200654 CORPORATE DISCLOSURE STATEMENT filed by Lenovo, Inc., identifying Lenovo Group LTD. as Corporate Parent. (Jones, Michael) (Entered: 05/10/2006)
05/10/200655 CORPORATE DISCLOSURE STATEMENT filed by Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc., identifying adidas North America, Inc. as Corporate Parent. (Jones, Michael) (Entered: 05/10/2006)
05/10/200656 Consent MOTION for Extension of Time to File Answer by Kmart Holding Corp., Lands' End, Inc. and by Sears Holding Corporation, Sears Roebuck & Co.,. (Attachments: # 1 Text of Proposed Order)(Edmonds, John) (Entered: 05/10/2006)
05/10/200665 APPLICATION to Appear Pro Hac Vice by Attorney Thomas K Pratt for Nike, Inc.. (ch, ) (Entered: 05/23/2006)
05/10/2006 Pro Hac Vice Filing fee paid by Pratt; Fee: $25, receipt number: 2-1-1469 (ch, ) (Entered: 05/23/2006)
05/10/200666 APPLICATION to Appear Pro Hac Vice by Attorney Christopher J Renk for Nike, Inc.. (ch, ) (Entered: 05/23/2006)
05/10/2006 Pro Hac Vice Filing fee paid by Renk; Fee: $25, receipt number: 2-1-1469 (ch, ) (Entered: 05/23/2006)
05/10/200667 APPLICATION to Appear Pro Hac Vice by Attorney Janice V Mitrius for Nike, Inc.. (ch, ) (Entered: 05/23/2006)
05/10/2006 Pro Hac Vice Filing fee paid by Mitrius; Fee: $25, receipt number: 2-1-1469 (ch, ) (Entered: 05/23/2006)
05/11/200657 NOTICE of Attorney Appearance by Douglas Ray McSwane, Jr on behalf of Autozone, Inc., (McSwane, Douglas) (Entered: 05/11/2006)
05/11/200658  AutoZone, Inc's ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Orion IP, LLC by Autozone, Inc.,.(McSwane, Douglas) (Entered: 05/11/2006)
05/11/200659 CORPORATE DISCLOSURE STATEMENT filed by Autozone, Inc., (McSwane, Douglas) (Entered: 05/11/2006)
05/11/200660  MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction & for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 USC 1406(a) to US District Court for the Western District of North Carolina and Brief in Support Thereof by Lowes Companies, Inc.,. (Attachments: # 1 Text of Proposed Order 1 - Granting Lowe's Rule 12(b) Motion to Dismiss for Lack of Personal Jurisdiction & for Improper Venue# 2 Text of Proposed Order 2 - Granting Lowe's Alternative Motion to Transfer Venue Per 28 USC 1406(a) to USDC, WDNC)(Rodgers, Ashley) (Entered: 05/11/2006)
05/15/200661 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Carolina and Brief in Support Thereof by Lowes Companies, Inc.,. (Attachments: # 1 Affidavit of David R. Green in support of Lowe's Rule 12(b) Motion to Dismiss or Transfer Venue# 2 Text of Proposed Order 1 - Granting Lowe's Rule 12(b) Motion to Dismiss for Lack of Personal Jurisdiction & for Improper Venue# 3 Text of Proposed Order 2 - Granting Lowe's Alternative Motion to Transfer Venue Per 28 USC 1406(a) to USDC, WD NC)(Rodgers, Ashley) (Entered: 05/15/2006)
05/15/200662 CORPORATE DISCLOSURE STATEMENT filed by Adidas Salomon North America, Inc.,, Adidas America, Inc., Adidas Promotional Retail Operations, Inc., identifying adidas AG as Corporate Parent. (Jones, Michael) (Entered: 05/15/2006)
05/16/200663 NOTICE of Attorney Appearance by J Mike Amerson on behalf of Orion IP, LLC (Amerson, J) (Entered: 05/16/2006)
05/17/200664 ORDER granting 56 Motion for Extension of Time to Answer or otherwise plead until 5/29/06 . Signed by Judge T. John Ward on 5/17/06. (djh, ) (Entered: 05/18/2006)
05/25/200668 NOTICE of Attorney Appearance by Rickey Lawrence Faulkner on behalf of Best Buy Co. Inc., (Faulkner, Rickey) (Entered: 05/25/2006)
05/25/200669 First MOTION for Extension of Time to File Answer Original Complaint for Patent Infringement by Best Buy Co. Inc.,. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(Faulkner, Rickey) (Entered: 05/25/2006)
05/29/200670  ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Orion IP, LLC by Sears Holding Corporation, Sears Roebuck & Co.,, Land's End Inc.,, Kmart Holding Corporation.(Edmonds, John) (Entered: 05/29/2006)
05/29/200671 CORPORATE DISCLOSURE STATEMENT filed by Sears Holding Corporation, Sears Roebuck & Co.,, Land's End Inc.,, Kmart Holding Corporation (Edmonds, John) (Entered: 05/29/2006)
05/30/200672 RESPONSE to Motion re 60 MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction & for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 USC 1406(a) to US District Court for the Western District of North Carolina and Brief in Suppor, 61 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Ca ORION IP, LLP'S RESPONSE TO DEFENDANT LOWE'S COMPANIES, INC.'S RULE 12(B) MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE, OR IN THE ALTERNATIVE, TO TRANSFER VENUE PURSUANT TO 28 U.S.C. ? 1406(A) TO THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA filed by Orion IP, LLC. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit Exhibit F# 7 Exhibit Exhibit G# 8 Exhibit Exhibit H# 9 Exhibit Exhibit I# 10 Text of Proposed Order [Proposed] Order Denying Lowe's Motion to Dismiss)(Rutherford, Keith) (Entered: 05/30/2006)
05/31/200673  Original ANSWER to Complaint, COUNTERCLAIM against Orion IP, LLC by Best Buy Co. Inc.,.(Faulkner, Rickey) (Entered: 05/31/2006)
05/31/200674 Consent MOTION to Dismiss Stipulated Motion to Dismiss Lenovo, Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting the Stipulated Dismissal of Lenovo, Inc.)(Rutherford, Keith) (Entered: 05/31/2006)
06/02/200675  ANSWER to Counterclaim Orion IP LLC's Response to the Counterclaim of Defendants adidas Saloman North America, Inc., adidas America, Inc. (d/b/a adidas International) and adidas Promotional Retail Operations, Inc. to Orion's Original Complaint for Patent Infringement by Orion IP, LLC.(Rutherford, Keith) (Entered: 06/02/2006)
06/02/200676  ANSWER to Counterclaim Orion IP, LLC's Response to the Counterclaim of Defendants Paccar, Inc., Paccar Sales North America, Inc. and Paccar Financial Services Corp. to Orion's Original Complaint for Patent Infringement by Orion IP, LLC.(Rutherford, Keith) (Entered: 06/02/2006)
06/02/200677  ANSWER to Counterclaim Orion IP, LLC's Response to the Counterclaim of Defendant AutoZone, Inc. to Orion's Original Complaint for Patent Infringement by Orion IP, LLC.(Rutherford, Keith) (Entered: 06/02/2006)
06/07/200678  MOTION requesting court ot not rule on motion to dismiss Defendant Lowe's Companies, Inc.'s Unopposed Miscellaneous Motion by Lowes Companies, Inc.,. (Perez, Daniel) Modified on 6/7/2006 (sm, ). Additional attachment(s) added on 6/8/2006 (sm, ). (Entered: 06/07/2006)
06/12/200683 APPLICATION to Appear Pro Hac Vice by Attorney Michael A Collyard for Best Buy Co. Inc.. (ch, ) (Entered: 06/16/2006)
06/12/2006 Pro Hac Vice Filing fee paid by Collyard; Fee: $25, receipt number: 2-1-1569 (ch, ) (Entered: 06/16/2006)
06/12/200684 APPLICATION to Appear Pro Hac Vice by Attorney Timothy M Block for Best Buy Co. Inc.. (ch, ) (Entered: 06/16/2006)
06/12/2006 Pro Hac Vice Filing fee paid by Block; Fee: $25, receipt number: 2-1-1570 (ch, ) (Entered: 06/16/2006)
06/13/200679 ORDER REASSIGNING CASE. Case reassigned to Judge Leonard Davis for all further proceedings. Judge T. John Ward no longer assigned to case. Signed by Judge T. John Ward on 6/13/06. (ch, ) (Entered: 06/14/2006)
06/15/200680 ORDER granting 74 Stipulated Motion for Dimissal with Prejudice of all claims asserted between Pla and Dft. Lenovo, Inc. Lenovo, Inc. is dismissed with prejudice to the right of the parties to assert in the furture any such claims, and all attorney fees and costs are to be borne by the party that incurred them . Signed by Judge Leonard Davis on 6/15/06. (ch, ) (Entered: 06/15/2006)
06/15/200681 ORDER granting 69 Motion for Extension of Time to Answer. Deadline is extended to 5/31/06 . Signed by Judge Leonard Davis on 6/15/06. (ch, ) (Entered: 06/15/2006)
06/15/2006 Answer Due Deadline Updated for Best Buy Co. Inc., to 5/31/2006. (ch, ) (Entered: 06/15/2006)
06/15/200682 ORDER granting 78 Dfts Lowe's Unopposed Miscellaneous Motion. Signed by Judge Leonard Davis on 6/15/06. (ch, ) (Entered: 06/15/2006)
06/19/200685 NOTICE of Scheduling Conference, proposed discovery order, and proposed dates for docket control order. Scheduling conference set for 7/20/2006 03:30 PM before Judge Leonard Davis. (djh, ) (Entered: 06/19/2006)
06/21/200686 ***DEFICIENT DOCUMENT. ATTORNEY MUST REFILE.***

REPLY to Response to Motion re 61 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Ca filed by Lowes Companies, Inc.,. (Attachments: # 1 Exhibit 1 to Defendant Lowe's Reply In Support of Its Amended Rule 12(b) Motion to Dismiss.pdf# 2 Exhibit 2 to Defendant Lowe's Reply In Support of Its Amended Rule 12(b) Motion to Dismiss.pdf# 3 Exhibit 3 to Defendant Lowe's Reply In Support of Its Amended Rule 12(b) Motion to Dismiss.pdf)(Rodgers, Ashley) Modified on 6/21/2006 (sm, ). (Entered: 06/21/2006)
06/21/2006 NOTICE of DEFICIENCY regarding the #86 Reply submitted by Lowes Companies, Inc.,. Exceeds page limit (Attachments do count in filing replies) so pleading must be refiled with correct page limit or a motion for leave filed. Correction should be made by 1 business day (sm, ) (Entered: 06/21/2006)
06/21/200687 REPLY to Response to Motion re 61 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Ca filed by Lowes Companies, Inc.,. (Attachments: # 1 Exhibit 1 to Lowe's Reply in Support of Its Amended Rule 12(b) Motion to Dismiss# 2 Exhibit 2 to Lowe's Reply in Support of Its Amended Rule 12(b) Motion to Dismiss# 3 Exhibit 3 to Lowe's Reply in Support of Its Amended Rule 12(b) Motion to Dismiss)(Rodgers, Ashley) (Entered: 06/21/2006)
06/21/200688  ANSWER to Counterclaim Orion IP, LLC's Answer to the Counterclaim of Sears Holdings Corp., Sears, Roebuck & Co., Lands' End, Inc. and Kmart Holding Corp. by Orion IP, LLC.(Rutherford, Keith) (Entered: 06/21/2006)
06/22/200689  ANSWER to Counterclaim Orion IP, LLC's Answer to the Counterclaims of Defendant Best Buy Co., Inc. to Plaintiff's Original Complaint for Patent Infringement by Orion IP, LLC.(Rutherford, Keith) (Entered: 06/22/2006)
06/23/200690 NOTICE of Hearing on Motion 61 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Ca: Motion Hearing set for 7/20/2006 03:30 PM before Judge Leonard Davis. (Tyler, TX)(rlf, ) (Entered: 06/23/2006)
06/26/200691 REPLY to Response to Motion re 61 Amended MOTION to Dismiss Pursuant to Rule 12(b) for Lack of Personal Jurisdiction and for Improper Venue, or in the Alternative, to Transfer Venue Pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Western District of North Ca Orion IP, LLC's Sur-Reply to Defendant Lowe's Companies, Inc.'s Rule 12(b) Motion to Dismiss for Lack of Personal Jurisdiction filed by Orion IP, LLC. (Attachments: # 1 Exhibit Exhibit J)(Rutherford, Keith) (Entered: 06/26/2006)
06/26/200692 Consent MOTION Move Hearing Date re 90 Notice of Hearing on Motion, Unopposed Motion to Move Hearing Currently Set for July 20, 2006 by Orion IP, LLC. (Rutherford, Keith) Additional attachment(s) added on 6/27/2006 (sm, ). (Entered: 06/26/2006)
06/28/200693 NOTICE of Attorney Appearance by William Bryan Farney on behalf of Gateway, Inc.,, Emachines, Inc., (Farney, William) (Entered: 06/28/2006)
06/29/200694 ***FILED IN ERROR, PLEASE IGNORE.***

NOTICE of Attorney Appearance by Earl Glenn Thames, Jr on behalf of Lowes Companies, Inc., (Thames, Earl) Modified on 6/30/2006 (sm, ). (Entered: 06/29/2006)
06/29/200695 Consent MOTION to Dismiss Stipulated Motion to Dismiss adidas North America, Inc., adidas America, Inc., and adidas Promotional Retail Operations, Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Dismissal of adidas Parties)(Rutherford, Keith) (Entered: 06/29/2006)
06/29/200698 APPLICATION to Appear Pro Hac Vice by Attorney Bryan Atkinson for Gateway, Inc., and Emachines, Inc.. (ch, ) (Entered: 07/11/2006)
06/29/2006 Pro Hac Vice Filing fee paid by Atkinson; Fee: $25, receipt number: 2-1-1638 (ch, ) (Entered: 07/11/2006)
06/29/200699 APPLICATION to Appear Pro Hac Vice by Attorney Jeffrey B Plies for Gateway, Inc., and Emachines, Inc.. (ch, ) (Entered: 07/11/2006)
06/29/2006 Pro Hac Vice Filing fee paid by Plies; Fee: $25, receipt number: 2-1-1638 (ch, ) (Entered: 07/11/2006)
06/30/2006 ***FILED IN ERROR, PER ATTY DOCUMENT WAS NOT TO BE FILED SINCE HE IS NOT APPEARING. Document # 94, Notice of Atty Appearance for Earl Thames. PLEASE IGNORE.***

(sm, ) (Entered: 06/30/2006)
06/30/200696 ORDER granting 95 Motion to Dismiss defts adidas North America, Inc., adidas America, Inc. and adidas Promotional Retail Operations, Inc. with prejudice . Signed by Judge Leonard Davis on 6/30/06. (ehs, ) (Entered: 06/30/2006)
07/05/200697 ORDER denying 92 Unopposed Motion to Move Hearing by Orion Currently set for 7/20/06. The Court is presently unable to accomodate the parties propsoed alternative dates for the Hearing.. Signed by Judge Leonard Davis on 7/5/06. (poa, ) (Entered: 07/05/2006)
07/13/2006100 ***FILED IN ERROR, PER ATTY.***

STIPULATION of Dismissal Stipulated Motion for Dismissal with Prejudice by Lowes Companies, Inc.,. (Attachments: # 1 Order of Dismissal with Prejudice)(Perez, Daniel) Modified on 7/14/2006 (sm, ). (Entered: 07/13/2006)
07/14/2006 ***FILED IN ERROR, PER ATTY, ATTY WILL REFILE. Document # 100, Stipulation. PLEASE IGNORE.***

(sm, ) (Entered: 07/14/2006)
07/14/2006101 ***REPLACES #100***

Consent MOTION to Dismiss Stipulated Motion to Dismiss Lowe's Companies, Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Stipulated Dismissal)(Rutherford, Keith) Modified on 7/17/2006 (mpv, ). (Entered: 07/14/2006)
07/14/2006102 NOTICE by Orion IP, LLC re 85 Notice of Hearing Notice of Partial Agreement (Rutherford, Keith) (Entered: 07/14/2006)
07/14/2006103 Joint MOTION for Protective Order Stipulated Protective Order by Orion IP, LLC. (Rutherford, Keith) (Entered: 07/14/2006)
07/14/2006104 NOTICE by Orion IP, LLC re 102 Notice (Other), 85 Notice of Hearing Proposed Docket Control Order (Rutherford, Keith) (Entered: 07/14/2006)
07/17/2006105 ORDER granting 101 Motion to Dismiss. Lowes Companies are hereby dismissed with prejudice to the right of the parties to assert in the future any such claims. And that all attorneys fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 7/17/06. (ch, ) (Entered: 07/17/2006)
07/19/2006106 NOTICE by Orion IP, LLC re 102 Notice (Other), 85 Notice of Hearing, 104 Notice (Other) Joint Discovery Order (Rutherford, Keith) (Entered: 07/19/2006)
07/19/2006107 APPLICATION to Appear Pro Hac Vice by Attorney Marilyn M Huston for Orion IP, LLC. (ch, ) (Entered: 07/20/2006)
07/20/2006 Pro Hac Vice Filing fee paid by Huston; Fee: $25, receipt number: 2-1-1715 (ch, ) (Entered: 07/20/2006)
07/20/2006108 JOINT DISCOVERY ORDER as set forth herein. Signed by Judge Leonard Davis on 7/20/06. (ehs, ) (Entered: 07/20/2006)
07/20/2006109 Amended Stipulated PROTECTIVE ORDER as set forth herein. Signed by Judge Leonard Davis on 7/20/06. (ehs, ) (Entered: 07/20/2006)
07/20/2006110 DOCKET CONTROL ORDER, proposed pretrial deadlines set forth herein, including Amended Pleadings due by 12/21/2006. Discovery due by 1/18/2006. Expert Witness List due by 4/30/2007. Joinder of Parties due by 7/31/2006.Markman Hearing set for 3/7/2007 10:00 AM (TYLER) before Judge Leonard Davis. Motions due by 9/14/2007. Proposed Pretrial Order due by 7/25/2007. Final Pretrial Conference set for 9/18/2007 09:00 AM (TYLER) before Judge Leonard Davis. Jury Selection set for 10/1/2007 09:00AM (TYLER) before Judge Leonard Davis. Jury Trial set for 10/9/2007 09:00 AM (TYLER) before Judge Leonard Davis. Signed by Judge Leonard Davis on 7/20/06. (ehs, ) (Entered: 07/20/2006)
07/20/2006111 ORDER - pursuant to the parties agreement to try this case in 10/07 in Tyler, Tx, the Court Transfers this case to the Tyler Division . Signed by Judge Leonard Davis on 7/20/06. (ch, ) (Entered: 07/21/2006)
07/25/2006112 Consent MOTION to Dismiss Stipulated Motion to Dismiss Defendants Gateway, Inc. and eMachines, Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting the Dismissal of Gateway and eMachines)(Rutherford, Keith) (Entered: 07/25/2006)
07/26/2006113 Consent MOTION to Dismiss Stipulated Motion to Dismiss Best Buy Co., Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Dismissing Best Buy)(Rutherford, Keith) (Entered: 07/26/2006)
07/26/2006114 Consent MOTION to Dismiss Stipulated Motion to Dismiss Defendants Paccar, Inc., Paccar Sales North America, Inc., and Paccar Financial Services Corp. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Dismissing Paccar, Inc., Paccar Sales NA, Inc., and Paccar Financial Services Corp.)(Rutherford, Keith) (Entered: 07/26/2006)
07/31/2006115 Consent MOTION to Dismiss Stipulated Motion to Dismiss Sears Holding Corp., Sears Roebuck & Co., Land's End, Inc. and KMart Holding Corp. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting the Dismissal of Sears, Land's End, and KMart)(Rutherford, Keith) (Entered: 07/31/2006)
08/07/2006116 STIPULATION AND ORDER of Dismissal with prejudice of all claims asserted between Plaintiff Orion IP, LLC and Defendants, Sears Holdings Corp, Sears Roebuck and Co, KMark Holding Corp, and Lands' End Inc. ORDERED, ADUDGED AND DECREED that all claims or cuases of action asserted in this suit between Plaintiff OrionIP, LLC and such Defendants are hereby dismissed with prejudice to the right of the parties to assert in the future any such claims. It is furhter ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 8/4/06. (fnt, ) (Entered: 08/07/2006)
08/07/2006117 ORDER granting 113 Motion to Dismiss. ORDERED that all claims between Plaintiff Orion and Defendant Best Buy Co. are hereby dismissed with prejudice. Each party bears its own costs . Signed by Judge Leonard Davis on 8/4/06. (mjc ) (Entered: 08/07/2006)
08/07/2006118 STIPULATION AND ORDER of DISMISSAL with prejudice of all claims asserted between Plaintiff Orion IP, LLC and Defendants PACCAR, Inc, PACCAR Sales North America, Inc, and PACCAR Financial Services Corp in this case. It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them. Signed by Judge Leonard Davis on 8/4/06. (fnt, ) (Entered: 08/07/2006)
08/07/2006119 ORDER granting 112 Motion to Dismiss. ORDERED that all claims between Plaintiff Orion IP and Defendants Gateway, Inc., and eMachines, Inc. are dismissed with prejudice; however Orion reserves the right to assert claims upon the material breach and termination of that confidential Settlement and License Agreement entered into between the parties. Each party shall bear its own costs . Signed by Judge Leonard Davis on 8/4/06. (mjc, ) (Entered: 08/07/2006)
08/18/2006120 NOTICE by Autozone, Inc., of service of RFA's (McSwane, Douglas) (Entered: 08/18/2006)
08/21/2006121 NOTICE of Disclosure by Autozone, Inc., (Initial) (McSwane, Douglas) (Entered: 08/21/2006)
08/22/2006122 NOTICE of Disclosure by Orion IP, LLC Orion's Notice of Initial Disclosures (Rutherford, Keith) (Entered: 08/22/2006)
08/30/2006123 NOTICE of Attorney Appearance by Terry D Morgan on behalf of Orion IP, LLC (Morgan, Terry) (Entered: 08/30/2006)
08/31/2006124 NOTICE of Attorney Appearance by Ruben Singh Bains on behalf of Orion IP, LLC (Bains, Ruben) (Entered: 08/31/2006)
09/12/2006125 NOTICE by Autozone, Inc., of Withdrawal of Ben Singer as Counsel (McSwane, Douglas) (Entered: 09/12/2006)
09/14/2006126 NOTICE by Autozone, Inc., Notice of Compliance of PR 3-3 (McSwane, Douglas) (Entered: 09/14/2006)
09/22/2006127 ORDER REFERRING CASE to Mediator. Michael Philip Patterson added as Mediator Mediation Completion due by 10/20/2006. Signed by Judge Leonard Davis on 9/22/06. (fnt, ) (Entered: 09/22/2006)
09/26/2006128 STIPULATION Concerning Inspection Procedures by Autozone, Inc.,, Orion IP, LLC. (McSwane, Douglas) (Entered: 09/26/2006)
09/27/2006129 NOTICE by Autozone, Inc., of compliance of PR 4-1 (McSwane, Douglas) (Entered: 09/27/2006)
09/27/2006130 Consent MOTION to Dismiss Stipulated Motion to Dismiss Nike, Inc. by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order [Proposed] Order Granting Dismissal)(Rutherford, Keith) (Entered: 09/27/2006)
09/28/2006131 ORDER of Dismissal With Prejudice granting 130 Motion to Dismiss all claims between Plaintiff Orion IP, LLC and Defendant NIKE, Inc. Each party to pay its own costs. Signed by Judge Leonard Davis on 9/28/06. (mjc ) (Entered: 09/28/2006)
09/28/2006132 NOTICE by Autozone, Inc., of Compliance of PR 3-4 (McSwane, Douglas) (Entered: 09/28/2006)
10/17/2006133 REPORT of Mediation by Michael Philip Patterson. Mediation result: still negotiating(Patterson, Michael) (Entered: 10/17/2006)
10/17/2006134 REPORT of Mediation by Michael Philip Patterson. Mediation result: Amended Report: Orion mediated with AutoZone and are still negotiating(Patterson, Michael) (Entered: 10/17/2006)
10/25/2006135 NOTICE by Autozone, Inc.,, Orion IP, LLC of Stipulation regarding Discovery Relating to Expert Witnesses (McSwane, Douglas) (Entered: 10/25/2006)
10/27/2006136 NOTICE of Disclosure by Orion IP, LLC (Pridham, David) (Entered: 10/27/2006)
11/03/2006137 NOTICE by Autozone, Inc.,, Orion IP, LLC Stipulation Regarding Privilege Logs (Jones, Michael) (Entered: 11/03/2006)
11/10/2006138 Consent MOTION for Leave to File Excess Pages on Motion to Compel Compliance with PR 3-1 by Autozone, Inc.,. (Attachments: # 1 Exhibit 1 - Motion to Compel# 2 Exhibit 2 - Order Granting Motion to Compel# 3 Exhibit Declaration of Bill Baker# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C1# 7 Exhibit C2# 8 Exhibit C3# 9 Exhibit C4# 10 Exhibit C5# 11 Exhibit C6# 12 Exhibit D1# 13 Exhibit D2# 14 Exhibit D3# 15 Exhibit D4# 16 Exhibit D5# 17 Exhibit D6# 18 Text of Proposed Order)(McSwane, Douglas) (Entered: 11/10/2006)
11/13/2006139 ORDER granting 138 Autozone Inc.'s Motion for Leave to File Excess Pages on their Motion to Compel. Signed by Judge Leonard Davis on 11/13/06. (mjc ) (Entered: 11/13/2006)
11/14/2006140 OPPOSED MOTION to Compel Compliance with PR 3-1 by Autozone, Inc.,. (Attachments: # 1 Exhibit Baker's declaration# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C1# 5 Exhibit C2# 6 Exhibit C3# 7 Exhibit C4# 8 Exhibit C5# 9 Exhibit C6# 10 Exhibit D1# 11 Exhibit D2# 12 Exhibit D3# 13 Exhibit D4# 14 Exhibit D5# 15 Exhibit D6# 16 Text of Proposed Order)(McSwane, Douglas). Modified on 11/14/2006 (mjc, ). (Entered: 11/14/2006)
11/17/2006141 APPLICATION to Appear Pro Hac Vice by Attorney Robert L Lee for Autozone, Inc. Approved 11/20/06. (mjc ) (Entered: 11/20/2006)
11/17/2006142 APPLICATION to Appear Pro Hac Vice by Attorney Ryan W Koppelman for Autozone, Inc. Approved 11/20/06. (mjc ) (Entered: 11/20/2006)
11/17/2006 Pro Hac Vice Filing fee paid by Ryan W. Koppelman and Robert L. Lee; Fee: $50.00, receipt number: 6-1-7557 (mjc ) (Entered: 11/20/2006)
11/21/2006143 NOTICE by Autozone, Inc., of Compliance with PR 4-2 (McSwane, Douglas) (Entered: 11/21/2006)
11/27/2006144  MOTION for Extension of Time to File (Unopposed Motion For Extension Of Time For Plaintiff To File Response To Defendant Autozone, Inc._s Motion To Compel Compliance With P.R. 3-1) by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Amerson, J) (Entered: 11/27/2006)
11/27/2006145 NOTICE of Disclosure by Orion IP, LLC (Pridham, David) (Entered: 11/27/2006)
11/28/2006146 ORDER granting 144 Motion for Extension of Time to File. Plaintiff's deadline to respond to AutoZone Inc.'s Motion to Compel is extended to 12/21/06. AutoZone's reply is due 1/5/07 . Signed by Judge Leonard Davis on 11/28/06. (mjc ) (Entered: 11/28/2006)
12/18/2006147 Sealed Document. (Attachments: # 1 Exhibit A)(Williams, Danny) (Entered: 12/18/2006)
12/21/2006148  "FILED IN ERROR, PLEASE IGNORE, SEE DOC 149 FOR CORRECTED DOCUMENT" Amended ANSWER to Complaint with Jury Demand Affirmative Defenses, COUNTERCLAIM against Orion IP, LLC by Autozone, Inc., Autozone, Inc,.(Jones, Michael) Modified on 12/21/2006 (rvw, ). (Entered: 12/21/2006)
12/21/2006149  Amended ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Orion IP, LLC by Autozone, Inc.,, Autozone, Inc.,. (Attachments: # 1 Exhibit A)(Jones, Michael) (Entered: 12/21/2006)
12/21/2006150 RESPONSE to Motion re 140 OPPOSED MOTION to Compel Compliance with PR 3-1 filed by Orion IP, LLC. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Amerson, J) (Entered: 12/21/2006)
01/04/2007151 Consent MOTION for Extension of Time to File Reply Brief in Support of Motion to Compel Compliance with P.R. 3-1 by Autozone, Inc.,. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 01/04/2007)
01/05/2007152 ORDER granting 151 Motion for Extension of Time. The deadline for deft to file its reply in further support of its Motion to Compel Compliance is extended to 1-22-07. Signed by Judge Leonard Davis on 01/05/07. cc:attys 1-5-07 (mll, ) (Entered: 01/05/2007)
01/10/2007153  "FILED IN ERROR, PLEASE IGNORE, SEE DOC 154 FOR CORRECT DOCUMENT" ANSWER to Counterclaim Orion IP, LLC's Answer to Defendant AutoZone, Inc.'s Counterclaims by Orion IP, LLC.(Rutherford, Keith) Modified on 1/11/2007 (rvw, ). (Entered: 01/10/2007)
01/10/2007154  ANSWER to Counterclaim (Orion IP, LLC's Response To Autozone, Inc.'s Amended Counterclaims To Orion's Original Complaint For Patent Infringement) by Orion IP, LLC.(Williams, Danny) (Entered: 01/10/2007)
01/22/2007155  MOTION for Extension of Time to File Response/Reply as to 140 OPPOSED MOTION to Compel Compliance with PR 3-1 [Unopposed] by Autozone, Inc.,. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 01/22/2007)
01/23/2007156 NOTICE by Orion IP, LLC Joint Submission Regarding Agreed Technical Advisor (Attachments: # 1 Text of Proposed Order)(Amerson, J) (Entered: 01/23/2007)
01/24/2007157 ORDER granting 155 Motion for Extension of Time to File Response/Reply re 155 MOTION for Extension of Time to File Response/Reply as to 140 OPPOSED MOTION to Compel Compliance with PR 3-1 [Unopposed]. Replies due by 1/29/2007. Signed by Judge Leonard Davis on 1/23/07. (mjc ) (Entered: 01/24/2007)
01/25/2007158 NOTICE by Orion IP, LLC (Pridham, David) (Entered: 01/25/2007)
01/29/2007159 NOTICE of Attorney Appearance by Allen Franklin Gardner on behalf of Autozone, Inc., (Gardner, Allen) (Entered: 01/29/2007)
01/29/2007160 REPLY to Response to Motion re 140 OPPOSED MOTION to Compel Compliance with PR 3-1 filed by Autozone, Inc.,, Autozone, Inc.,, Autozone, Inc.,, Autozone, Inc.,. (Attachments: # 1 Exhibit # 2 Exhibit Part Two# 3 Exhibit Part Three# 4 Exhibit Part Four# 5 Exhibit Part Five# 6 Exhibit Part Six# 7 Exhibit Part Seven)(Lee, Robert) (Entered: 01/29/2007)
02/01/2007161  MOTION for Extension of Time to File Regarding Markman Briefing [Unopposed] by Autozone, Inc.,. (Attachments: # 1 Text of Proposed Order)(Jones, Michael) (Entered: 02/01/2007)
02/02/2007162 ORDER granting 161 Motion for Extension of Time to File Submission of Markman Briefing. Signed by Judge Leonard Davis on 2/2/07. (mjc ) (Entered: 02/02/2007)
02/02/2007163 CLAIM CONSTRUCTION BRIEF filed by AutoZone. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20#(Koppelman, Ryan) (Entered: 02/02/2007)
02/05/2007164 ORDER appointing Gail R. "Pete" Peterson as technical advisor re 156 Notice Re Joint Submission Regarding Technical Advisor filed by Orion IP, LLC. Costs are to be assessed equally among the parties. Signed by Judge Leonard Davis on 2/5/07. (mjc ) (Entered: 02/05/2007)
02/06/2007165 NOTICE of CANCELLATION of Hearing:Markman Hearing set for 3/7/2007 10:00 AM before Judge Leonard Davis HAS BEEN CANCELLED IS OFF THE COURT'S CALENDAR. (rlf, ) (Entered: 02/06/2007)
02/08/2007166 NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of Orion IP, LLC (Ward, Thomas) (Entered: 02/08/2007)
02/15/2007167  MOTION for Leave to File (Orion IP, LLC's Unopposed Motion For Leave To File A Surreply To Autozone, Inc.'s Reply In Support Of Its Motion To Compel Compliance With P.R. 3-1) by Orion IP, LLC. (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Amerson, J) (Entered: 02/15/2007)
02/15/2007168 CLAIM CONSTRUCTION BRIEF filed re 163 Claim Construction Brief,. (Attachments: # 1 Exhibit 1 to Orion's Response to Autozone's Markman Brief #(2) Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Williams, Danny) (Entered: 02/15/2007)
02/16/2007169 ORDER granting 167 Orion's Motion for Leave to File a surreply. Signed by Judge Leonard Davis on 2/16/07. (mjc ) (Entered: 02/16/2007)
02/19/2007170 SUR-REPLY to Reply to Response to Motion re 167 MOTION for Leave to File (Orion IP, LLC's Unopposed Motion For Leave To File A Surreply To Autozone, Inc.'s Reply In Support Of Its Motion To Compel Compliance With P.R. 3-1) (Orion IP, LLC's Surreply To Autozone, Inc.'s Reply In Support Of Its Motion To Compel Compliance With P.R. 3-1) filed by Orion IP, LLC. (Amerson, J) (Entered: 02/19/2007)
02/20/2007171 APPLICATION to Appear Pro Hac Vice by Attorney Frank G Smith, III for Autozone, Inc., filed incorrectly in 2:06cv102 on 9/6/06. Fee paid, receipt no. 6-1-6610. Approved 9/6/06. (mjc) (Entered: 02/20/2007)
02/22/2007172 CLAIM CONSTRUCTION BRIEF by AutoZone, Inc. in Reply to 168 Orion IP LLC's Claim Construction Brief in Response. (Koppelman, Ryan) (Entered: 02/22/2007)
02/27/2007173 NOTICE of Disclosure by Orion IP, LLC (Pridham, David) (Entered: 02/27/2007)
03/02/2007174  MOTION for Leave to File A Sur-Reply to Markman Brief by Orion IP, LLC. (Attachments:   # 1 Exhibit A)(Bains, Ruben) Additional attachment(s) added on 3/5/2007 (rvw, ). (Entered: 03/02/2007)
03/06/2007175 ORDER granting 174 Motion for Leave to File A Sur-Reply to Markman Brief. Plaintiff's Unopposed Sur-Reply is deemed filed as of date this Order is entered. Signed by Judge Leonard Davis on 3/5/07. (mjc ) (Entered: 03/06/2007)
03/14/2007176 NOTICE of Disclosure by Orion IP, LLC (Notice of Supplemental Disclosure) (Pridham, David) (Entered: 03/14/2007)
03/20/2007178 APPLICATION to Appear Pro Hac Vice by Attorney Richard J Pearson, Jr for Orion IP, LLC. Fee pd., 2-1-2378. Approved 3/23/07. (mjc ) (Entered: 03/23/2007)
03/21/2007177 NOTICE of Disclosure by Orion IP, LLC (Notice of Supplemental Disclosure) (Pridham, David) (Entered: 03/21/2007)
04/04/2007179  MOTION to Withdraw as Attorney by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Pridham, David) (Entered: 04/04/2007)
04/05/2007180 ORDER granting 179 Motion to Withdraw as Attorney. Attorney Richard J Pearson, Jr terminated . Signed by Judge Leonard Davis on 4/5/07. (mjc ) (Entered: 04/05/2007)
04/11/2007181 NOTICE of Disclosure by Orion IP, LLC (Second Supplemental Disclosure) (Pridham, David) (Entered: 04/11/2007)
04/26/2007182 Joint MOTION to Amend/Correct 110 Order,,, Set Deadlines/Hearings,, by Autozone, Inc.,, Orion IP, LLC. (Attachments: # 1 Amended Docket Control Order)(Ward, Thomas) (Entered: 04/26/2007)
04/27/2007183 SCHEDULING ORDER: Final Pretrial Conference set for 9/18/2007 09:00 AM before Judge Leonard Davis. Discovery due by 7/16/2007. Expert Witness List due by 6/8/2007. Identify trial witnesses by 7/23/2007. Jury instructions due by 8/20/2007. Jury Selection set for 10/1/2007 09:00AM before Judge Leonard Davis. Proposed Pretrial Order due by 8/20/2007. Signed by Judge Leonard Davis on 4/27/07. (mjc ) (Entered: 04/27/2007)
04/27/2007 Set/Reset Hearings: Jury Trial set for 10/9/2007 09:00 AM before Judge Leonard Davis. (mjc ) (Entered: 04/27/2007)
05/03/2007184 NOTICE of Disclosure by Orion IP, LLC (Supplemental Disclosure) (Pridham, David) (Entered: 05/03/2007)
05/16/2007185 ORDER denying AutoZone's 140 Motion to Compel. Orion PICs comply with the requirements of P.R. 3-1. Signed by Judge Leonard Davis on 5/16/07. (mjc ) (Entered: 05/16/2007)
05/18/2007186  MOTION to Dismiss (Stipulated Motion for Dismissal) by Orion IP, LLC. (Attachments: # 1 Text of Proposed Order)(Pridham, David) (Entered: 05/18/2007)
05/22/2007187 ORDER granting 186 Motion to Dismiss With Prejudice all claims asserted between Plaintiff Orion IP and Defendant AutoZone, Inc. Further ordered that all attorneys fees and costs are to be borne by party incurring them. Signed by Judge Leonard Davis on 5/22/07. (mjc ) (Entered: 05/22/2007)