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Lodsys - An update
Tuesday, August 02 2011 @ 09:00 AM EDT

In the various Lodsys cases there have been a number of items filed with the various courts (as can be seen from the docket update below), but there has not been a whole lot of material activity in any of the cases. Nothing overly exciting here, except for the dismissal of small developer defendant Richard Shinderman in the Lodsys v. Combay case.

At least one so-called IP expert has suggested that Shinderman bought his way out of the case. That just isn't likely. If I buy my way out of a lawsuit, I want out on a permanent basis. That is, I would only pay if the lawsuit is dismissed with prejudice. Shinderman was dismissed without prejudice, meaning that Lodsys could always re-institute the suit against Shinderman. No lawyer would recommend that to his/her client.

There had to have been some other reason for dismissing Shinderman, and it is likely the same reason that Lodsys previously dismissed Wulven Games by not including them in the Amended Complaint. The reason probably has to do more with lacking jurisdiction than anything else. It certainly doesn't have to do with a payment.

In each of the Illinois cases the plaintiffs bringing the declaratory judgment actions have been granted the right to conduct limited discovery for the purpose of establishing whether the Illinois court has personal jurisdiction over Lodsys or its CEO, Mark Small. Small insists that neither Lodsys nor he have a presence in Illinois (Small claims to live in Wisconsin); however, Small's LinkedIn page lists him as being in the Greater Chicago area (see this exhibit [PDF] filed by the New York Times). I suppose the southeastern corner of Wisconsin could be consider in the Greater Chicago area, but keep in mind that such a designation is made by the LinkedIn subscriber, not by LinkedIn itself.

These cases will pick up more in September when ESET v. Lodsys (Wis.) has a scheduling conference and ESET v. Lodsys (Cal.) has a hearing.

*************

Docket Updates:

Lodsys v. Combay:

30 - Filed & Entered: 07/28/2011
Notice (Other)
Docket Text: NOTICE FROM CLERK re [29] Response in Opposition to Motion. Clerk has modified entry to reflect that this document (response) is a REDACTED version. (Complete version filed separately under seal) (sm, )

31 - Filed & Entered: 07/28/2011
Additional Attachments to Main Document
Docket Text: Additional Attachments to Main Document: [30] Sealed Response to Motion.. (Attachments: # (1) Declaration in Support of Opposition, # (2) Text of Proposed Order)(Huck, Christopher)

32 - Filed & Entered: 07/29/2011
Notice (Other)
Docket Text: NOTICE by Lodsys, LLC of Dismissal of Defendant Richard Shinderman without Prejudice (Huck, Christopher)

Lodsys v. DriveTime (Texas):
12 - Filed & Entered: 07/28/2011
Summons Returned Executed
Docket Text: E-GOV SEALED SUMMONS Returned Executed by Lodsys, LLC. DriveTime Automotive Group, Inc. served on 7/14/2011 by CM RRR, answer due 8/4/2011. (ehs, )

Filed & Entered: 07/29/2011
Application Granted for Extension of Time to Answer Complaint Docket Text: Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for ForeSee Results, Inc. to 9/3/2011; LivePerson, Inc. to 9/6/2011. 30 Days Granted for Deadline Extension.( sm, )

13 - Filed & Entered: 07/29/2011
Unopposed Application for Extension of Time to Answer Complaint Docket Text: Defendant's Unopposed First Application for Extension of Time to Answer Complaint re ForeSee Results, Inc.(Low, John)

14 - Filed & Entered: 07/29/2011
Unopposed Application for Extension of Time to Answer Complaint Docket Text: Defendant's Unopposed First Application for Extension of Time to Answer Complaint re LivePerson, Inc..( Bauer, Steven)

15 - Filed & Entered: 07/29/2011
Notice of Attorney Appearance
Docket Text: NOTICE of Attorney Appearance by Michael E Shanahan on behalf of ForeSee Results, Inc. (Shanahan, Michael)

16 - Filed & Entered: 07/29/2011
Unopposed Application for Extension of Time to Answer Complaint Docket Text: Defendant's Unopposed First Application for Extension of Time to Answer Complaint re OpinionLab, Inc..( Kennerly, Christopher)

DriveTimevLodsys:
8 - Filed & Entered: 07/27/2011
Motion to Dismiss/Lack of Jurisdiction
Docket Text: *MOTION to Dismiss for Lack of Jurisdiction by Lodsys LLC. (Attachments: # (1) Exhibit)(Erickson, Douglas) *Modified from Motion to Dismiss to Motion to Dismiss for Lack of Jurisdiction. Modified on 7/28/2011 (TLJ).*

9 - Filed & Entered: 07/27/2011
Corporate Disclosure Statement
Docket Text: Corporate Disclosure Statement by Lodsys LLC. (Erickson, Douglas)

ESET v. Lodsys (Wisconsin):
4 - Filed & Entered: 07/28/2011
Consent/Refusal to Jurisdiction by US Magistrate Judge
Docket Text: Refusal to Jurisdiction by US Magistrate Judge by Eset LLC. (Pisano, Nicola)

Filed & Entered: 07/29/2011
Case Assigned/Reassigned
Docket Text: Due to the non-consent of the parties, this case has been randomly reassigned to Judge J P Stadtmueller; Magistrate Judge Aaron E Goodstein no longer assigned to the case (vkb)

5 - Filed & Entered: 07/29/2011
Notice of Hearing
Docket Text: NOTICE of Hearing: Scheduling Conference set for 9/9/11 at 10:30 AM in Courtroom 425, 517 E Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. (cc: all counsel)(nm)

ESET v Lodsys (CA):
8 - Filed: 07/25/2011
Entered: 07/26/2011
Order on Motion to Continue
Docket Text: ORDER: The Court grants the (Doc. [7]) Joint Motion for Continuation of Hearing. The hearing scheduled for 8/8/2011 regarding Defendant's Motion to Dismiss is continued to 9/12/2011. The dates for filing of the opposition and reply briefs on the foregoing motion are rescheduled, in accordance with Local Rules 7.1(e)(2) and (3), to reflect the new hearing date. Signed by Judge William Q. Hayes on 7/25/2011. (mdc)
ForeSee v. Lodsys (Ill):
29 - Filed & Entered: 07/22/2011
Terminated: 07/26/2011
motion for discovery
Docket Text: MOTION by Plaintiff ForeSee Results, Inc. for discovery Motion for Leave to Take Discovery Limited to the Issue of Personal Jurisdiction and Venue (Attachments: # (1) Exhibit 1)(Hawkins, Brent)

30 - Filed & Entered: 07/22/2011
notice of motion
Docket Text: NOTICE of Motion by Brent Allen Hawkins for presentment of motion for discovery[29] before Honorable Ronald A. Guzman on 7/26/2011 at 09:30 AM. (Hawkins, Brent)

31 - Filed & Entered: 07/26/2011
attorney appearance
Docket Text: ATTORNEY Appearance for Defendant Lodsys, LLC by William W. Flachsbart (Flachsbart, William)

32 - Filed & Entered: 07/26/2011
order on motion for discovery
Docket Text: MINUTE entry before Honorable Ronald A. Guzman: Motion hearing held on 7/26/2011. Motion by Plaintiff ForeSee Results, Inc. for Leave to Take Discovery Limited to the Issue of Personal Jurisdiction and Venue [29] is granted as to personal jurisdiction discovery only. Status hearing reset to 9/26/2011 at 09:30 AM. Mailed notice (cjg, )

NYTimes v. Lodsys:
17 - Filed & Entered: 07/20/2011
text entry
Docket Text: MINUTE entry before Honorable Ronald A. Guzman: Minute entry dated 7/20/11 [doc. 16] is corrected as follows: Notice of motion set for 7/21/11 is stricken. Joint motion for extension of time for Local Patent Rule Deadlines 14 is granted. Due date for Local Patent Rule 2.1 Initial Disclosures is fourteen (14) days after Lodsys files its Answers; provided, however, if Lodsys asserts a counterclaim against The New York Times Company, the parties have fourteen (14) days after the latest date on which The New York Times Company may file its answer to that counterclaim.Mailed notice (cjg, )

18 - Filed & Entered: 07/21/2011
motion to dismiss/lack of jurisdiction
Docket Text: MOTION by Defendant Lodsys, LLC to dismiss for lack of jurisdiction [Amended Motion] (La Porte, Michael)

19 - Filed & Entered: 07/21/2011
notice of motion
Docket Text: NOTICE of Motion by Michael R. La Porte for presentment of motion to dismiss/lack of jurisdiction[18] before Honorable Ronald A. Guzman on 7/26/2011 at 09:30 AM. (La Porte, Michael)

20 - Filed & Entered: 07/22/2011
Terminated: 07/26/2011
motion for discovery
Docket Text: MOTION by Plaintiff The New York Times Company for leave to take discovery limited to issues of personal jurisdiction and venue (Attachments: # (1) Exhibit 1)(Paguia, Sara) (Docket text Modified by clerk's office on 7/25/2011 (ca, ).

21 - Filed & Entered: 07/22/2011
notice of motion
Docket Text: NOTICE of Motion by Sara Anne Paguia for presentment of motion for discovery[20] before Honorable Ronald A. Guzman on 7/26/2011 at 09:30 AM. (Paguia, Sara)

22 - Filed & Entered: 07/26/2011
attorney appearance
Docket Text: ATTORNEY Appearance for Defendant Lodsys, LLC by William W. Flachsbart (Flachsbart, William)

23 - Filed & Entered: 07/26/2011
order on motion for discovery
Docket Text: MINUTE entry before Honorable Ronald A. Guzman: Motion hearing held on 7/26/2011. Motion by by Plaintiff The New York Times Company for Leave to Take Discovery Limited to the Issue of Personal Jurisdiction and Venue [20] is granted as to personal jurisdiction discovery only. Status hearing reset to 9/26/2011 at 09:30 AM. Mailed notice (cjg, )

OpinionLab v. Lodsys:
26 - Filed & Entered: 07/20/2011
text entry
Docket Text: MINUTE entry before Honorable Ronald A. Guzman:Minute entry dated 7/20/11 [doc. 25] is corrected to read as follows: Notice of motion set for 7/21/11 is stricken. Joint motion for extension of time for Local Patent Rule Deadlines 23 is granted. Due date for Local Patent Rule 2.1 Initial Disclosures is fourteen (14) days after Lodsys files its Answers; provided, however, if Lodsys asserts a counterclaim against OpinionLab, Inc., the parties have fourteen (14) days after the latest date on which OpinionLab, Inc. may file its answer to that counterclaim.Mailed notice (cjg, )

27 - Filed & Entered: 07/22/2011
Terminated: 07/26/2011
motion for discovery
Docket Text: MOTION by Plaintiff OpinionLab, Inc. for discovery (Barz, Robert)

28 - Filed & Entered: 07/22/2011
notice of motion
Docket Text: NOTICE of Motion by Robert J. Barz for presentment of motion for discovery[27] before Honorable Ronald A. Guzman on 7/26/2011 at 09:30 AM. (Barz, Robert)

29 - Filed & Entered: 07/26/2011
attorney appearance
Docket Text: ATTORNEY Appearance for Defendant Lodsys, LLC by William W. Flachsbart (Flachsbart, William)

30 - Filed & Entered: 07/26/2011
order on motion for discovery
Docket Text: MINUTE entry before Honorable Ronald A. Guzman: Motion hearing held on 7/26/2011. Motion by by Plaintiff OpinionLab, Inc. for Leave to Take Discovery Limited to the Issue of Personal Jurisdiction and Venue [27] is granted as to personal jurisdiction discovery only. Status hearing reset to 9/26/2011 at 09:30 AM. Mailed notice (cjg, )

LivePerson v. Lodsys:
26 - Filed & Entered: 07/22/2011
Terminated: 07/26/2011
motion for discovery
Docket Text: MOTION by Plaintiff LivePerson, Inc. for discovery Limited to the Issues of Personal Jurisdiction and Venue (Spector, Catherine)

27 - Filed & Entered: 07/22/2011
notice of motion
Docket Text: NOTICE of Motion by Catherine J. Spector for presentment of motion for discovery[26] before Honorable Ronald A. Guzman on 7/26/2011 at 09:30 AM. (Spector, Catherine)

28 - Filed & Entered: 07/25/2011
exhibit
Docket Text: EXHIBIT by Plaintiff LivePerson, Inc. (Exhibit 1) regarding MOTION by Plaintiff LivePerson, Inc. for discovery Limited to the Issues of Personal Jurisdiction and Venue[26] (Spector, Catherine)

29 - Filed & Entered: 07/26/2011
attorney appearance
Docket Text: ATTORNEY Appearance for Defendant Lodsys, LLC by William W. Flachsbart (Flachsbart, William)

30 - Filed & Entered: 07/26/2011
order on motion for discovery
Docket Text: MINUTE entry before Honorable Ronald A. Guzman: Status hearing set for 9/26/2011 at 09:30 AM. Motion hearing held on 7/26/2011. Motion by by Plaintiff LivePerson, Inc. for Leave to Take Discovery Limited to the Issue of Personal Jurisdiction and Venue [26] is granted as to personal jurisdiction discovery only. Status hearing reset to 9/26/2011 at 09:30 AM. Mailed notice (cjg, )


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