Delaware District Court
Judge:Maryellen Noreika
Case #: 1:23-cv-00343
Nature of Suit830 Property Rights - Patent
Cause35:1 Patent Infringement
Case Filed:Mar 27, 2023
Terminated:Jan 08, 2024
Last checked: Saturday Sep 23, 2023 12:09 PM EDT
Defendant
ProofHub, LLC
Represented By
Michael J. Flynn
Morris, Nichols, Arsht & Tunnell LLP
contact info
Plaintiff
Web 2.0 Technologies, LLC
Represented By
Timothy Devlin
Devlin Law Firm LLC
contact info


Docket last updated: 6 hours ago
Monday, January 08, 2024
30 30 misc Patent/Trademark Report to Commissioner of Patents Mon 01/08 2:26 PM
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s).(mdb)
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Att: 1 Notice of Voluntary Dismissal
utility Terminate Case - Civil Mon 01/08 11:43 AM
CASE CLOSED (dlw)
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Friday, January 05, 2024
29 29 notice Notice of Voluntary Dismissal Fri 01/05 4:40 PM
NOTICE of Voluntary Dismissal by Pennar Software Corporation, Web 2.0 Technologies, LLC as to Defendant ProofHub, LLC (Devlin, Timothy)
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Wednesday, January 03, 2024
order SO ORDERED ~Util - Set Briefing Schedule - open,ans,reply,surreply Wed 01/03 11:17 AM
SO ORDERED re28 STIPULATION TO EXTEND TIME for plaintiffs to file an answering brief in opposition of the Motion to Dismiss to January 5, 2024 (Set Briefing Schedule: re27 MOTION to Dismiss18 First Amended Complaint for Failure to State a Claim - Answering Brief due 1/5/2024). ORDERED by Judge Maryellen Noreika on 1/3/2024. (dlw)
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Tuesday, January 02, 2024
28 28 motion Stipulation to EXTEND Time Tue 01/02 5:07 PM
STIPULATION TO EXTEND TIME for plaintiffs to file an answering brief in opposition of the Motion to Dismiss to January 5, 2024 - filed by Pennar Software Corporation, Web 2.0 Technologies, LLC. (Devlin, Timothy)
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Thursday, December 21, 2023
order SO ORDERED Thu 12/21 10:33 AM
SO ORDERED re (26 in 1:23-cv-00343-MN, 28 in 1:23-cv-00104-MN, 28 in 1:23-cv-00004-MN, 25 in 1:23-cv-00342-MN, 28 in 1:23-cv-00001-MN, 28 in 1:23-cv-00002-MN, 29 in 1:23-cv-00107-MN) MOTION for Extension of Time for Defendants to move, answer, or otherwise respond to the First Amended Complaint to 1/5/2024. ORDERED by Judge Maryellen Noreika on 12/21/2023. (dlw)
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Wednesday, December 20, 2023
27 27 motion Dismiss/Fail to State Claim Wed 12/20 5:00 PM
MOTION to Dismiss for Failure to State a Claim Plaintiffs' First Amended Complaint - filed by ProofHub, LLC. (Flynn, Michael)
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26 26 motion Extension of Time to - Wed 12/20 5:00 PM
MOTION for Extension of Time to - filed by Pennar Software Corporation, Web 2.0 Technologies, LLC. (Devlin, Timothy)
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Monday, December 18, 2023
25 25 order SO ORDERED Mon 12/18 3:32 PM
SO ORDERED WITH MODIFICATION re (26 in 1:23-cv-00001-MN, 26 in 1:23-cv-00002-MN, 24 in 1:23-cv-00343-MN, 26 in 1:23-cv-00104-MN, 26 in 1:23-cv-00004-MN, 27 in 1:23-cv-00107-MN) Stipulation and Order to Clarify Page Limits. Signed by Judge Maryellen Noreika on 12/18/2023. (dlw)
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Thursday, December 14, 2023
24 24 misc Stipulation-General (See Motion List for Stipulation to Extend Time) Thu 12/14 2:33 PM
STIPULATION to Clarify Page Limits --Stipulation and [Proposed] Order to Clarify Page Limits-- by Accelo, Inc.. (Clark, Cameron)
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Friday, December 08, 2023
utility - CORRECTING ENTRY Fri 12/08 11:56 AM
CORRECTING ENTRY: The duplicate filing of the proposed scheduling order (formerly DI 23) was deleted, as the filing was meant to be filed in Case No. 23cv344 (MN). (mdb)
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Thursday, December 07, 2023
23 23 misc Letter Thu 12/07 5:02 PM
SCHEDULING ORDER: Joinder of Parties due by 12/29/2023. Amended Pleadings due by 12/29/2023. Fact Discovery completed by 12/19/2024. Opening Expert Reports due by 7/3/2025. Rebuttal Expert Reports due by 7/31/2025. Reply Expert Reports due by 8/21/2025. Expert Discovery due by 9/18/2025. A Trial Sequencing Conference is set for 2/17/2026 at 10:00 AM in Courtroom 4A before Judge Maryellen Noreika. Dispositive Motions due by 11/13/2025. Answering Brief due 12/4/2025. Reply Brief due 12/18/2025. Claim Construction Opening Brief served by 2/13/2025. Claim Construction Answering Brief served by 3/13/2025. Claim Construction Reply Brief served by 3/27/2025. Claim Construction Surreply Brief served by 4/10/2025. Joint Claim Construction Brief filed by 4/17/2025. A Markman Hearing is set for 5/15/2025 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A Pretrial Conference is set for 4/13/2026 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 4/20/2026 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 12/12/2023. (dlw)
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Att: 1 Proposed Scheduling Order
22 22 misc Letter Thu 12/07 4:57 PM
Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding proposed scheduling order.(Devlin, Timothy)
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Att: 1 Proposed Scheduling Order
Friday, December 01, 2023
order SO ORDERED Fri 12/01 2:32 PM
SO ORDERED, re (21 in 1:23-cv-00343-MN, 23 in 1:23-cv-00104-MN, 23 in 1:23-cv-00001-MN, 24 in 1:23-cv-00107-MN, 27 in 1:23-cv-00003-MN, 23 in 1:23-cv-00004-MN, 23 in 1:23-cv-00002-MN, 24 in 1:23-cv-00344-MN, 28 in 1:23-cv-00345-MN) STIPULATION TO EXTEND TIME regarding (1) the deadline for the parties to Submit a Proposed Coordinated Scheduling Order to 12/7/2023 and (2) the deadline for Defendants to move, answer, or otherwise respond to the First Amended Complaint to 12/22/2023. See Stip for Details filed by Trello, Inc.. ORDERED by Judge Maryellen Noreika on 12/1/2023. Associated Cases: 1:23-cv-00001-MN et al.(mdb)
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Thursday, November 30, 2023
21 21 motion Stipulation to EXTEND Time Thu 11/30 5:48 PM
STIPULATION TO EXTEND TIME regarding (1) the deadline for the parties to Submit a Proposed Coordinated Scheduling Order, and (2) the deadline for Defendants to move, answer, or otherwise respond to the First Amended Complaint to See Stip for Details - filed by Trello, Inc.. (Silver, Daniel)
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Thursday, November 09, 2023
order SO ORDERED Thu 11/09 9:44 AM
SO ORDERED re (22 in 1:23-cv-00104-MN, 25 in 1:23-cv-00003-MN, 22 in 1:23-cv-00001-MN, 20 in 1:23-cv-00343-MN, 23 in 1:23-cv-00344-MN, 22 in 1:23-cv-00004-MN, 22 in 1:23-cv-00002-MN, 27 in 1:23-cv-00345-MN, 23 in 1:23-cv-00107-MN) STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the First Amended Complaint to December 4, 2023. ORDERED by Judge Maryellen Noreika on 11/9/2023. (dlw)
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Wednesday, November 08, 2023
20 20 motion Stipulation to EXTEND Time Wed 11/08 4:41 PM
STIPULATION TO EXTEND TIME to move, answer or otherwise respond to the First Amended Complaint to December 4, 2023 - filed by Trello, Inc.. (Joyce, Alexandra)
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Monday, November 06, 2023
19 19 misc Disclosure Statement - Rule 7.1 Mon 11/06 2:58 PM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Pennar Software Corporation. (Devlin, Timothy)
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18 18 cmp Complaint - Amended Mon 11/06 2:55 PM
First AMENDED COMPLAINT against ProofHub, LLC- filed by Web 2.0 Technologies, LLC, Pennar Software Corporation.(Devlin, Timothy)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2
Tuesday, October 17, 2023
17 17 order Oral Order Tue 10/17 10:43 AM
ORAL ORDER re (21 in 1:23-cv-00003-MN, 19 in 1:23-cv-00344-MN, 28 in 1:23-cv-00105-MN, 23 in 1:23-cv-00345-MN, 18 in 1:23-cv-00004-MN, 18 in 1:23-cv-00002-MN, 19 in 1:23-cv-00107-MN, 18 in 1:23-cv-00001-MN, 18 in 1:23-cv-00104-MN, 19 in 1:23-cv-00042-MN, 16 in 1:23-cv-00343-MN) STIPULATION TO EXTEND TIME to Submit a Proposed, Coordinated Scheduling Order - IT IS HEREBY ORDERED that the Stipulation is GRANTED-IN-PART. The deadline to file the proposed scheduling order shall be extended by forty-five (45) days (until 11/30/2023). ORDERED by Judge Maryellen Noreika on 10/17/2023. (dlw)
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Monday, October 16, 2023
16 16 motion Stipulation to EXTEND Time Mon 10/16 5:34 PM
STIPULATION TO EXTEND TIME to Submit a Proposed, Coordinated Scheduling Order -- - filed by Accelo, Inc., Workfront Inc.. (Clark, Cameron)
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Thursday, October 05, 2023
15 15 8 pgs order Order Thu 10/05 10:58 AM
ORDER (ruling on pending motions to dismiss) SEE ORDER FOR COMPLETE AND FURTHER DETAILS. Signed by Judge Maryellen Noreika on 10/5/2023. (dlw)
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Wednesday, October 04, 2023
14 14 misc Letter Wed 10/04 12:18 PM
Letter to The Honorable Maryellen Noreika from Timothy Devlin regarding Response to Court's Oral Orders. (Devlin, Timothy)
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Monday, October 02, 2023
13 13 order Oral Order Mon 10/02 4:50 PM
ORAL ORDER - Having reviewed the various Web2.0 Technologies cases filed in this District and beyond, it appears that in certain pending cases with substantially the same infringement allegations, Plaintiff includes as a party Pennar Software Corporation because it is purportedly "the owner by assignment of 100% interest in the Asserted Patents" i.e., U.S. Patent Nos. 6,845,448 and 8,117,644. See, e.g. , First Amended Complaint, Web 2.0 Technologies LLC v. 37signals LLC d/b/a Basecamp , No. 1 23-0230 (N.D. Ill. July 11, 2023); First Amended Complaint, Web 2.0 Technologies LLC v. Nulab Inc. , No. 1 23-2589 (S.D.N.Y. July 12, 2023); see also First Amended Complaint, Web 2.0 Technologies LLC v. Zendesk, Inc. , No. 23-0105 MN (D. Del. Aug. 10, 2023). Pennar Software Corporation is also listed as the assignee on the face of these two patents, which are the only patents asserted in any of the Web2.0 Technologies cases in this District. Yet Pennar Software Corporation is not a plaintiff in the cases pending in this District except one (against Zendesk). THEREFORE, IT IS HEREBY ORDERED that, on or before October 4, 2023, Plaintiff shall file a letter with the Court explaining the discrepancy in plaintiffs among the various cases and indicating whether Pennar Software Corporation is a required plaintiff in all of the related cases pending before this Court. ORDERED by Judge Maryellen Noreika on 10/2/2023. (dlw)
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Thursday, September 14, 2023
12 12 order Oral Order Thu 09/14 10:49 AM
ORAL ORDER - IT IS HEREBY ORDERED that, within thirty (30) days from the date of this Order, the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed, coordinated order, which is also consistent with the following guidance. The parties shall provide final contentions (i.e., final infringement and invalidity contentions, as well as final non-infringement and validity contentions) around the time that fact discovery closes (i.e., several weeks prior to or after the deadline to complete fact discovery) and at least three weeks before Plaintiff serves its opening claim construction brief. Final contentions shall include a party's contentions under its proposed construction(s), as well as under the opposing construction(s) (if such an alternative contention exists). As such, the parties are encouraged to exchange proposed claim terms and proposed constructions early in the case but in no event later than necessary to allow the parties to include alternative contentions in their final contentions. The joint claim construction chart shall be due one week after the parties have completed their exchange of final contentions, and the joint claim construction brief must be filed at least three weeks before the claim construction hearing. The parties shall leave at least three weeks between the claim construction hearing and the opening of expert discovery. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms), and the parties must include a proposal for the length and timing of trial. If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 9/14/2023. (dlw)
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Wednesday, June 14, 2023
11 11 respm Brief - Reply Wed 06/14 3:20 PM
REPLY BRIEF re8 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder in Motions to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by ProofHub, LLC. (Flynn, Michael)
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Wednesday, June 07, 2023
10 10 respm Brief - Answering Brief in Opposition Wed 06/07 4:56 PM
ANSWERING BRIEF in Opposition re8 MOTION to Dismiss for Failure to State a Claim MOTION for Joinder in Motions to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Web 2.0 Technologies, LLC.Reply Brief due date per Local Rules is 6/14/2023. (Devlin, Timothy)
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Wednesday, May 24, 2023
9 9 misc Disclosure Statement - Rule 7.1 Wed 05/24 12:44 PM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ProofHub, LLC. (Flynn, Michael)
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8 8 5 pgs motion Dismiss/Fail to State Claim Joinder Wed 05/24 12:34 PM
MOTION to Dismiss for Failure to State a Claim, MOTION for Joinder in Motions to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) - filed by ProofHub, LLC.(Flynn, Michael) Modified on 5/24/2023 (dlw)
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Att: 1 Proposed Order
Monday, May 01, 2023
7 7 motion Extension of Time to File Answer Mon 05/01 12:10 PM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint to May 24, 2023 - filed by Web 2.0 Technologies, LLC. (Devlin, Timothy) Modified on 5/1/2023 (dlw)
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order SO ORDERED ~Util - Set/Reset Answer Deadline Mon 05/01 12:56 PM
SO ORDERED re7 Unopposed MOTION for Extension of Time to File Answer re1 Complaint to May 24, 2023 (Set/Reset Answer Deadlines: ProofHub, LLC answer due 5/24/2023). ORDERED by Judge Maryellen Noreika on 5/1/2023. (dlw)
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Wednesday, March 29, 2023
6 6 service Summons Returned Executed Wed 03/29 12:47 PM
SUMMONS Returned Executed by Web 2.0 Technologies, LLC.ProofHub, LLC served on 3/29/2023, answer due 4/19/2023. (Devlin, Timothy)
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utility Case Assigned/Reassigned Wed 03/29 10:30 AM
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. Associated Cases: 1:23-cv-00340-UNA et al.(nms)
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Monday, March 27, 2023
5 5 service Summons Issued Tue 03/28 8:33 AM
Summons Issued as to ProofHub, LLC on 3/27/2023. (mkr)
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4 4 misc Disclosure Statement - Rule 7.1 Tue 03/28 8:32 AM
Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Web 2.0 Technologies, LLC. (mkr)
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3 3 misc Patent/Trademark Report to Commissioner of Patents Tue 03/28 8:30 AM
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) U.S. 6,845,448 B1 ;U.S. 8,117,644 B2. (mkr)
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2 2 misc Magistrate Consent Forms Tue 03/28 8:29 AM
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr)
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1 1 cmp Complaint Tue 03/28 8:28 AM
COMPLAINT for PATENT INFRINGEMENT filed with Jury Demand against ProofHub, LLC (Filing fee $ 402, receipt number ADEDC-4098481.) - filed by Web 2.0 Technologies, LLC. (mkr)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Civil Cover Sheet