DAV Sub Inc v. QliqSOFT Inc

Texas Northern District Court
Judge:Ed Kinkeade
Case #: 3:23-cv-02504
Nature of Suit830 Property Rights - Patent
Cause28:1338 Patent Infringement
Case Filed:Nov 09, 2023
Terminated:Oct 16, 2024
Last checked: Tuesday May 07, 2024 4:56 AM CDT
Defendant
QliqSOFT Inc
Represented By
Theodore Druce Kwong
Hilgers Graben
contact info
Grant Kojis Schmidt
Hilger Graben PLLC
contact info
Jon B Hyland
Hilgers Graben PLLC
contact info
Plaintiff
DAV Sub Inc
Represented By
Kenneth Patrick Babb
Fox Rothschild LLP
contact info


Docket last updated: 05/19/2025 11:59 PM CDT
Monday, November 11, 2024
45 45 misc Stipulation Mon 11/11 3:52 PM
Joint STIPULATION OF DISMISSAL With Prejudice by DAV Sub Inc. (Babb, Kenneth)
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Att: 1 Proposed Order Joint Stipulation of Dismissal with Prejudice
Wednesday, October 16, 2024
44 44 order Order of Dismissal or Administrative Closure Wed 10/16 11:09 AM
ELECTRONIC ORDER OF ADMINISTRATIVE CLOSURE - The Court has been notified that this case has settled. The Parties are therefore directed to submit their dismissal papers within 60 days from the date of this order. There appears to be no further reason at this time to maintain the file as open for statistical purposes. The Clerk is therefore instructed to submit a JS-6 form to the Administrative Office, thereby removing this case from the statistical records. Nothing in this Order shall be considered a dismissal or disposition of this case, and should further proceedings become necessary or desirable, any party or the Court may initiate such further proceedings in the same manner as if this Order had not been entered. The clerk will prepare the final Report to the Patent/Trademark or Copyright Office. (Ordered by Judge Ed Kinkeade on 10/16/2024) (chmb)
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43 43 adr ADR Summary Wed 10/16 11:01 AM
Alternative Dispute Resolution Summary filed by Jeff Kaplan. Attorneys in Attendance: K. Patrick Babb, Grant K. Schmidt, and Theodore D. Kwong. Prv Fee: $ 8,500. Outcome of ADR: Settled as a result of ADR. (Kaplan, Jeff)
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Monday, October 14, 2024
42 42 8 pgs order Order for Scheduling Order Proposal Tue 10/15 11:34 AM
ORDER REQUIRING CONFERENCE AND JOINT REPORT: Joint Report due by 10/25/2024. (Ordered by US Magistrate Judge Brian McKay on 10/14/2024) (ndt)
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Friday, October 11, 2024
41 41 order Order Referring Motion Fri 10/11 3:30 PM
ELECTRONIC Order Referring40 MOTION to Compel Request for Attorneys' Fees and Sanctions, and Brief in Support to Magistrate Judge Brian McKay for hearing if necessary and determination. (Ordered by Judge Ed Kinkeade on 10/11/2024) (chmb)
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40 40 motion Compel Fri 10/11 2:41 PM
MOTION to Compel Request for Attorneys' Fees and Sanctions, and Brief in Support filed by DAV Sub Inc (Babb, Kenneth)
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Att: 1 Exhibit(s) A - Defendant QliqSOFT Objections and Responses to Plaintiff's First RFP,
Att: 2 Exhibit(s) B - K. Patrick Babb's Discovery Deficiency Letter to Defendant,
Att: 3 Exhibit(s) C - Defendant QliqSOFT Inc.'s First Set of RFP,
Att: 4 Proposed Order on Plaintiff's Motion to Compel and for Sanctions
Friday, August 23, 2024
39 39 14 pgs order Order Reassigning Case Fri 08/23 4:31 PM
Special Order No. 3-354: Effective August 23, 2024, the cases listed on Exhibit A to this order are transferred to Magistrate Judge Brian McKay and shall henceforth carry the suffix letters BW. This case has been reassigned pursuant to Special Order No. 3-354. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief Judge David C. Godbey on 8/23/2024) (mms)
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Wednesday, August 21, 2024
38 38 answer Answer to Amended Complaint Wed 08/21 8:33 PM
ANSWER to37 Amended Complaint,, filed by QliqSOFT Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Kwong, Theodore)
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Wednesday, August 07, 2024
37 37 cmp Amended Complaint Wed 08/07 3:28 PM
SECOND AMENDED COMPLAINT WITH JURY DEMAND against QliqSOFT Inc filed by DAV Sub Inc. If additional patent or trademark numbers are included, the clerk will prepare the appropriate Report to the Patent/Trademark or Copyright Office. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (kcr)
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36 36 3 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Leave to File Wed 08/07 10:41 AM
ORDER - Upon consideration of the parties' submissions the Court GRANTS Continuum's Motion for Leave to Amend its complaint. Having granted Continuum's Motion for Leave to Amend, the Court DENIES QliqSOFT's Motion to Dismiss the pre-amendment complaint as moot. The Court does not adopt any claim constructions in this order. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ed Kinkeade on 8/7/2024) (chmb)
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Friday, July 12, 2024
35 35 order Order on Motion for Extension of Time Fri 07/12 4:31 PM
ELECTRONIC ORDER - Before the Court is Plaintiff DAV Sub, Inc. d/b/a Continuum Health Technologies's ("Continuum") Unopposed Motion to Extend Deadlines for Plaintiff's Infringement Contentions and Defendant's Invalidity Contentions (the "Motion"). Doc. No. 34. Upon consideration of the same, the Court GRANTS the Motion. Continuum shall serve its preliminary infringement contentions and produce or make available for inspection and copying documents related to its infringement contentions no later than July 19, 2024. Defendant QliqSOFT, Inc. shall serve their preliminary invalidity contentions and produce or make available for inspection and copying documents related to their invalidity contentions no later September 4, 2024 (Ordered by Judge Ed Kinkeade on 7/12/2024) (chmb)
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34 34 motion Extension of Time Fri 07/12 2:45 PM
Emergency MOTION to Extend Time Deadlines for Plaintiff's Infringement Contentions and Defendant's Invalidity Contentions filed by DAV Sub Inc (Babb, Kenneth)
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Att: 1 Proposed Order on Unopposed Emergency Motion to Extend Deadlines for Plaintiff's Infringement Contentions and Defendant's Invalidity Contentions
Thursday, July 11, 2024
33 33 8 pgs order Order on Motion for Discovery Thu 07/11 10:31 AM
AGREED E-DISCOVERY ORDER. (Ordered by Judge Ed Kinkeade on 7/11/2024) (chmb)
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32 32 order Protective Order Thu 07/11 10:30 AM
PROTECTIVE ORDER. (Ordered by Judge Ed Kinkeade on 7/11/2024) (chmb)
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Wednesday, July 10, 2024
31 31 motion Protective Order Wed 07/10 12:46 PM
Amended MOTION for Protective Order filed by DAV Sub Inc (Babb, Kenneth)
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Att: 1 Proposed Order Stipulated Protective Order
Friday, July 05, 2024
30 30 adr Designation of Mediator Fri 07/05 5:19 PM
Designation of Mediator by QliqSOFT Inc. (Hyland, Jon)
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Wednesday, June 26, 2024
29 29 motion Discovery Wed 06/26 3:52 PM
Joint MOTION for Discovery For Entry of Agreed E-Discovery Order filed by DAV Sub Inc (Babb, Kenneth)
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Att: 1 Proposed Order Regarding E-Discovery
28 28 motion Protective Order Wed 06/26 3:34 PM
Joint MOTION for Protective Order for Entry of Stipulated filed by DAV Sub Inc (Babb, Kenneth)
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Att: 1 Proposed Order Stipulated Agreed Protective Order
Wednesday, June 05, 2024
27 27 order Scheduling Order Wed 06/05 11:19 AM
SCHEDULING ORDER: Jury Trial set for 2/2/2026 09:00 AM before Judge Ed Kinkeade. Deadline for mediation is on or before 10/23/2024. Joint Report on mediation due by 10/30/2024. Joinder of Parties due by 8/1/2024. Amended Pleadings due by 8/1/2024. Discovery due by 7/7/2025. Motions due by 8/1/2025. Pretrial Order due by 1/12/2026. Pretrial Materials due by 1/12/2026. (Ordered by Judge Ed Kinkeade on 6/5/2024) (chmb)
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Monday, June 03, 2024
26 26 misc Proposed Scheduling and Discovery Order Mon 06/03 5:06 PM
Proposal for contents of scheduling and discovery order and Joint Rule 26(f) Report by DAV Sub Inc. (Babb, Kenneth)
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Att: 1 Exhibit(s) Parties' Requested Scheduling Order Dates
Friday, May 03, 2024
25 25 6 pgs order Order for Scheduling Order Proposal Fri 05/03 2:03 PM
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER IN PATENT CASES. (Ordered by Judge Ed Kinkeade on 5/3/2024) (chmb)
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Friday, March 22, 2024
24 24 respm Response/Objection Fri 03/22 9:38 PM
RESPONSE filed by QliqSOFT Inc re:21 MOTION for Leave to File Second Amended Complaint (Hyland, Jon)
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Friday, March 15, 2024
23 23 respm Reply Fri 03/15 7:08 PM
REPLY filed by QliqSOFT Inc re:20 Motion to Dismiss for Failure to State a Claim (Hyland, Jon)
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Friday, March 01, 2024
22 22 respm Response/Objection Fri 03/01 2:19 PM
RESPONSE filed by DAV Sub Inc re:20 Motion to Dismiss for Failure to State a Claim (Babb, Kenneth)
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Att: 1 Proposed Order
21 21 motion Leave to File Fri 03/01 2:14 PM
MOTION for Leave to File Second Amended Complaint filed by DAV Sub Inc with Brief/Memorandum in Support. (Babb, Kenneth)
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Att: 1 Exhibit(s) Exhibit 1 to Motion for Leave - Second Amended Complaint,
Att: 2 Exhibit(s) Exhibit A to Exhibit 1 to Motion for Leave - Patent,
Att: 3 Proposed Order
Friday, February 09, 2024
20 20 motion Dismiss for Failure to State a Claim Fri 02/09 6:12 PM
Motion to Dismiss for Failure to State a Claim filed by QliqSOFT Inc (Hyland, Jon)
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Att: 1 Proposed Order
Monday, January 29, 2024
19 19 order Order on Motion to Dismiss Mon 01/29 2:23 PM
ELECTRONIC ORDER - Plaintiff DAV Sub, Inc. has filed a First Amended Complaint. Doc. No. 17. Accordingly, the Court DENIES Defendant QliqSOFT, Inc.'s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), Doc. No. 15, as moot. (Ordered by Judge Ed Kinkeade on 1/29/2024) (chmb)
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Friday, January 26, 2024
18 18 respm Response/Objection Fri 01/26 5:54 PM
RESPONSE filed by DAV Sub Inc re:15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Babb, Kenneth)
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Att: 1 Proposed Order Denying Defendant's Motion to Dismiss Pursuant to 12(b)(6)
17 17 cmp Amended Complaint Fri 01/26 5:00 PM
AMENDED COMPLAINT WITH JURY DEMAND against QliqSOFT Inc filed by DAV Sub Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Babb, Kenneth)
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Wednesday, January 24, 2024
16 16 misc Certificate Of Interested Persons/Disclosure Statement Wed 01/24 1:41 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by QliqSOFT Inc. (Clerk QC note: No affiliate entered in ECF). (Hyland, Jon)
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Monday, January 08, 2024
15 15 motion Dismiss Mon 01/08 5:51 PM
MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by QliqSOFT Inc with Brief/Memorandum in Support. (Hyland, Jon)
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14 14 notice Notice of Attorney Appearance Mon 01/08 5:48 PM
NOTICE of Attorney Appearance by Jon B Hyland on behalf of QliqSOFT Inc. (Filer confirms contact info in ECF is current.) (Hyland, Jon)
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Friday, December 08, 2023
13 13 order Order on Motion for Extension of Time Fri 12/08 10:45 AM
ELECTRONIC ORDER - Before the Court is Defendant QliqSoft, Inc.'s ("QliqSoft") Unopposed Motion to Extend the Deadline to File Responsive Pleading (the "Motion"). Doc. No. 12. Upon consideration of the same, the Court GRANTS the Motion. QliqSoft shall answer or otherwise respond to Plaintiff DAV Sub, Inc.'s Complaint no later than January 8, 2024. (Ordered by Judge Ed Kinkeade on 12/8/2023) (chmb)
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Thursday, December 07, 2023
12 12 motion Extension of Time Thu 12/07 5:52 PM
Unopposed MOTION to Extend Time to File Responsive Pleading filed by QliqSOFT Inc (Schmidt, Grant)
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Att: 1 Proposed Order
11 11 notice Notice of Attorney Appearance Thu 12/07 5:49 PM
NOTICE of Attorney Appearance by Grant Kojis Schmidt for Theodore Kwong on behalf of QliqSOFT Inc. (Schmidt, Grant)
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10 10 notice Notice of Attorney Appearance Thu 12/07 5:46 PM
NOTICE of Attorney Appearance by Grant Kojis Schmidt on behalf of QliqSOFT Inc. (Filer confirms contact info in ECF is current.) (Schmidt, Grant)
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9 9 10 pgs order Order ~Util - Set/Clear Flags Thu 12/07 3:19 PM
Special Order 3-351: Effective December 7, 2023, active cases assigned or referred to Magistrate Judge Irma C. Ramirez will be transferred to the dockets of other magistrate judges in the Dallas Division as outlined on Exhibit A to this order. This case has been reassigned pursuant to Special Order No. 3-351. (The clerk has mailed a copy to all non-ECF users.) (Ordered by Chief District Judge David C Godbey on 12/7/2023) (twd)
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Monday, November 27, 2023
8 8 service Summons Returned Mon 11/27 3:28 PM
SUMMONS Returned Executed as to QliqSOFT Inc; served on 11/16/2023. (kcr)
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Tuesday, November 21, 2023
7 7 6 pgs order Order Tue 11/21 12:02 PM
ORDER: This Order governs requests to file materials in this case under seal. (Ordered by Judge Ed Kinkeade on 11/21/2023) (chmb)
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Tuesday, November 14, 2023
6 6 notice Notice (Other) Tue 11/14 12:20 PM
NOTICE of Docket Text/Document Modification. Document 6 filed on 11/14/23 was removed from the Court's docket and will be retained by the Clerk's Office in the appropriate file. (ali)
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Monday, November 13, 2023
utility Case Assigned/Reassigned (Public Entry) Mon 11/13 8:50 AM
Case reassigned to Judge Ed Kinkeade. Senior Judge A. Joe Fish no longer assigned to the case pursuant to Special Order 3-340. (axm)
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Sunday, November 12, 2023
5 5 1 pgs misc Report to Patent/Trademark or Copyright Office Sun 11/12 3:01 PM
Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (axm)
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4 4 service Summons Issued Sun 11/12 2:58 PM
Summons Issued as to QliqSOFT Inc. (axm)
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Friday, November 10, 2023
2 2 misc Certificate Of Interested Persons/Disclosure Statement Fri 11/10 11:37 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by DAV SUB, INC (d/b/a CONTINUUM HEALTH TECHNOLOGIES CORP.). (Clerk QC note: No affiliate entered in ECF). (Babb, Kenneth)
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Thursday, November 09, 2023
3 3 qcref Fish Sun 11/12 2:57 PM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (axm)
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1 1 14 pgs cmp Complaint Thu 11/09 3:47 PM
COMPLAINT WITH JURY DEMAND against All Defendants filed by DAV SUB, INC (d/b/a CONTINUUM HEALTH TECHNOLOGIES CORP.). (Filing fee $402; Receipt number ATXNDC-14165269) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Babb, Kenneth)
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Att: 1 Exhibit(s) Exhibit A,
Att: 2 Cover Sheet Civil Cover Sheet