Case Details

CourtCentral District of California
Docket number8:13-cv-00134
Date case filed2013-01-28
Date case closed2013-08-06
Date of latest filing2013-06-03
Assigned toJudge Otis D. Wright, II
Case cause35:271 Patent Infringement
Nature of suit830 Patent
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Digitech Image Technologies LLC
Party type: Plaintiff
Attorney name: John J Edmonds
Attorney Contact:
Collins Edmonds Schlather and Tower PLLC
1851 East First Street Suite 900
Santa Ana, CA 92705
951-708-1237
Fax: 951-824-7901
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: LG Electronics USA Inc
Party type: Defendant
Attorney name: James C Brooks
Attorney Contact:
Orrick Herrington and Sutcliffe LLP
777 South Figueroa Street Suite 3200
Los Angeles, CA 90017
213-629-2020
Fax: 213-612-2499
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Nicholas H Lam
Attorney Contact:
Orrick Herrington and Sutcliffe LLP
51 West 52nd Street
New York, NY 10019
212-506-5000
Fax: 212-506-5151
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Robert M Isackson
Attorney Contact:
Orrick Herrington and Sutcliffe LLP
51 West 52nd Street
New York, NY 10019
212-506-5280
Fax: 212-506-5151
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: LG Electronics Inc
Party type: Defendant
Attorney name: James C Brooks
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Nicholas H Lam
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Robert M Isackson
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED
Party: LG Electronics Mobilecomm USA Inc
Party type: Defendant
Attorney name: James C Brooks
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Nicholas H Lam
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Robert M Isackson
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-01-28 Complaint - (Discovery)COMPLAINT against Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc and LG Electronics USA Inc. Case assigned to Judge Josephine Staton Tucker for all further proceedings. Discovery referred to Magistrate Judge Jean P. Rosenbluth.(Filing fee $350 Paid). Jury Demanded. Filed by Plaintiff Digitech Image Technologies LLC.(lwag) (lwag). (Entered: 01/29/2013)
22013-01-28 Certificate/Notice of Interested PartiesCERTIFICATION and Notice of Interested Parties filed by Plaintiff Digitech Image Technologies LLC. (lwag) (lwag). (Entered: 01/29/2013)
32013-01-28 Notice To Counsel Re: Copyright/Patent/Trademark (CV-31)NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (Attachments: # 1 AO-120) (lwag) (Entered: 01/29/2013)
42013-01-28 Notice to Parties of Court-Directed ADR Program (ADR-8)NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(lwag) (Entered: 01/29/2013)
52013-01-28 OrderINITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE STATON TUCKER by Judge Josephine Staton Tucker, PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details.) IT IS SO ORDERED. (rla) (Entered: 01/29/2013)
62013-02-04 Transferring Case purs GO 08-05 (Related Case (CV 34)ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV12-01153 ODW (MRWx). Case transferred from Magistrate Judge Jean P Rosenbluth and Judge Josephine Staton Tucker to Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV13-00134 ODW (MRWx). Signed by Judge Otis D. Wright, II (twdb) (Entered: 02/04/2013)
72013-02-06 Minutes of In Chambers Order/Directive - no proceeding heldMINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are encouraged to review the Central Districts website for additional information. ( SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION). (lc) (Entered: 02/06/2013)
82013-02-11 Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120)REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Digitech Image Technologies LLC. (Edmonds, John) (Entered: 02/11/2013)
92013-02-22 Notice of AppearanceNOTICE of Appearance filed by attorney James C Brooks on behalf of Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc (Brooks, James) (Entered: 02/22/2013)
102013-02-22 Stipulation Extending Time to Answer (30 days or less)Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by defendants LG Electronics Inc, LG Electronics USA Inc, LG Electronics Mobilecomm USA Inc. (Attachments: # 1 Proposed Order)(Brooks, James) (Entered: 02/22/2013)
112013-02-22 Notice of Related Case(s)NOTICE of Related Case(s) filed by defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc. Related Case(s): 12-02126, 12-2125, 12-1153, 12-2122, 12-1324, 12-1694, 12-1693, 12-1671, 12-1669, 12-1668, 12-1670, 12-1697, 12-1695, 12-1679, 12-1680, 12-1696, 13-135, 12-1677, 12-1675, 12-1686, 12-2123, 12-1688, 12-1685, 12-1676, 12-1687,12-1667, 12-1689, 12-1673, 12-1681, 12-1678, 12-1683, 12-2127 (Brooks, James) (Entered: 02/22/2013)
122013-02-22 Certificate/Notice of Interested PartiesCertification and Notice of Interested Parties filed by defendants All Defendants, identifying LG Electronics, Inc.; LG Electronics U.S.A., Inc.; LG Corporation;. (Brooks, James) (Entered: 02/22/2013)
132013-02-25 Order Extending Answer Due DeadlineORDER GRANTING-IN-PART STIPULATION FOR EXTENSION OF TIME 10 for Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc answer complaint to May 1, 2013.The Court intends to consolidate all of the Digitech matters pending before this Court for discovery purposes only. Though not mandatory, the parties are highly encouraged to attend the April 1, 2013, 1:30 p.m. scheduling conference to propose and discuss case management options to streamline discovery, including Markman. Defendants are urged to collaborate with parties in the other Digitech matters in preparation for the scheduling conference by Judge Otis D. Wright, II. (lc) (Entered: 02/26/2013)
142013-02-26 OrderSTANDING ORDER REGARDING PATENT CASES by Judge Otis D Wright II (lc) (Entered: 02/27/2013)
152013-02-28 Application to Appear Pro Hac ViceAPPLICATION for attorney Robert M. Isackson to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendant LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc. Lodged Application of Non-Resident Attorney to Appear in a Specific Case. (lt) (Entered: 02/28/2013)
162013-02-26 Application to Appear Pro Hac ViceAPPLICATION for attorney Nicholas H. Lam to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc. Lodged Application of Non-Resident Attorney to Appear in a Specific Case. (lt) Modified on 3/1/2013 (lt). (Entered: 02/28/2013)
172013-03-01 Order on Application to Appear Pro Hac ViceORDER by Judge Otis D. Wright, II: granting 16 Application to Appear Pro Hac Vice by Attorney Nicholas H. Lam on behalf of Defendants, designating James C. Brooks as local counsel. (lt) (Entered: 03/01/2013)
182013-03-01 Order on Application to Appear Pro Hac ViceORDER by Judge Otis D. Wright, II: granting 15 Application to Appear Pro Hac Vice by Attorney Robet Isackson on behalf of Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc., designating James C. Brooks as local counsel. (lt) (Entered: 03/04/2013)
192013-03-20 OrderORDER that the Scheduling Conference is set for 4/1//13 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) (Entered: 03/20/2013)
202013-03-20 OrderORDER MODIFYING ORDER SETTING SCHEDULING CONFERENCE by Judge Otis D. Wright, II:Upon further consideration, the Court has determined that it requiresDefendants participation in and appearance at the consolidated April 1, 2013scheduling conference. Contrary to the Courts concurrently filed Order SettingScheduling Conference, Defendants need not submit a Rule 26(f) report inanticipation of the scheduling conference. They are, however, invited to submit a statement of their position on the 26(f) report filed in Digitech Image Technologies LLC v. Electronics for Imaging Inc., No. 8:12-cv-1324-ODW-MRW, ECF No. 37 (C.D. Cal. Mar. 18, 2013). Should Defendants opt to do so, they must file their statements no later than Wednesday, March 27, 2013. (lc) (Entered: 03/20/2013)
212013-03-27 StatementSTATEMENT OF LG DEFENDANTS PURSUANT TO ORDER MODIFYING ORDER SETTING SCHEDULING CONFERENCE, D.I. 20 filed by Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc (Brooks, James) (Entered: 03/27/2013)
222013-04-01 Scheduling ConferenceMINUTES OF Scheduling Conference held before Judge Otis D. Wright, II. The Digitech Cases are, until further order, coordinated for case-management purposes under Federal Rule of Civil Procedure 42. The parties are hereby ORDERED to file a joint brief addressing their respective positions to the protective order and electronically-stored information orders to be issued in this case. The joint brief shall not exceed 20 pages in length (excluding exhibits) and shall be filed no later than April 15, 2013. In addition, the stipulated protective order filed in the Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No.8:12-cv-01324, ECF No.35(C.D.Cal filed Jan. 1, 2013), is hereby VACATED. That order will be replaced with a forthcoming protective order applicable in all of these cases. The low-number case, Digitech Image Technologies LLC v. Electronics for Imaging, Inc., No8:12-cv-01324-ODW-MRW (C.D.Cal filed Aug. 16, 2012), will serve as the master case file. All orders, pleadings, motions, and other documents will, when filed and docketed in the master case file, be deemed filed and docketed in each individual related case to the extent applicable. Parties shall enter their appearances in the individual cases, and the Clerk is directed to add all parties and attorneys from the individual cases to the master case file such that all counsel appearing in the individual cases will receive notifications for the master case file as well consolidated cases. The Cases Against the Retailer Defendants are hereby Stayed. The Court hereby GRANTS the following retailer Defendants' motions to stay, Digitech Image Tech LLC v. Buy.com, No.8:12-cv-01668, ECF.No.13, Digitech Image Tech.LLC v. BestBuyCo., No.8:12-cv-1669, ECF No.19, Digitech Image Tech. LLC v. B&HFoto & Elec.Corp., No.8:12-cv-1671, ECFNo.18, Digitech Image Tech LLC v. Target Corp., No.8:12-cv-1683, ECF No.16, Digitech Image Tech. LLC v. Micro Elec.Inc., No. 8:12-cv-1686, ECF No.16, Digitech Image Tech. LLC v. Overstock.com, No.8:12-cv-1687, ECF No.16, Digitech Image Tech.LLC v. Newegg Inc., No.8:12-cv-1688, ECF No.23, Digitech Image Tech. LLC v. CDW LLC, No.8:12-cv-1695, ECF No.22. In addition, the retailer Defendants listed above are hereby ORDERED to communicate with Christopher Broderick as soon as practicable, but in no event later than April 5, 2013, to inform him whether each retailer will agree to be bound to this Court's Markman and invalidity rulings once the stay has been lifted in exchange for a stay of this entire litigation pending final resolution of every manufacturer action. Mr. Broderick shall then email the Court's courtroom deputy clerk, Sheila English Defendants. Defendant Sakar's Motion to Transfer Venue in Digitech Image Technologies LLC v. Sakar International Inc., No.8:12-cv-1673, ECF No. 13 (C.D.Cal. filed December 3, 2012) is hereby DENIED without prejudice. Defendants Sakar and Leica Camera Inc. may renew their motions to transfer after the Court issues a Markman order in this matter. Counter-Defendant Acacia Research Corporation's Motion to Dismi9ss filed in Digitech Image Tech, LLC v. Newegg Inc., No.8:12-cv-1688, ECF No. 30, is hereby taken under submission. An order will issue. In addition, the Apri9l 8, 2013 hearing on Defendant Leaf Imaging Ltd.'s Motion to Dismiss filed in Digitech Image LLC v. Mamiya Digital Imagings Co., No. 8:12-cv-1688, ECF No.26, is hereby VACATED and no appearances are necessary. The Motion is taken under submission: an order will issue. Plaintiff is ORDERED to immediately serve a copy of this order on all Defendants who have not yet filed appearances in the cases (and who therefore have not received a copy through the CM/ECF system). Court Reporter: Katie Thibodeaux. (bp) (Entered: 04/03/2013)
232013-05-01 Stipulation Extending Time to Answer (30 days or less)Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, filed by defendants LG Electronics Inc, LG Electronics USA Inc, LG Electronics Mobilecomm USA Inc. (Attachments: # 1 Proposed Order)(Brooks, James) (Entered: 05/01/2013)
242013-05-02 Order Extending Answer Due DeadlineORDER granting Stipulation Extending 23 time for LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., and LG Electronics, Inc. to answer, move, or otherwise respond to the Complaint shall be extended up to and including June 1, 2013 by Judge Otis D. Wright, II. (lc) (Entered: 05/02/2013)
252013-05-21 Stipulation for Extension of Time to FileSTIPULATION for Extension of Time to File Digitechs Local P.R. 3.1 & 3.2 Disclosure of Asserted Claims and Infringement Contentions and Document Production filed by Plaintiff Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Edmonds, John) (Entered: 05/21/2013)
262013-05-22 OrderORDER by Judge Otis D. Wright, II, re Stipulation 25 continue Digitechsdeadline to disclose its asserted claims and infringement contentions and to produce documents in order to facilitate settlement. Plaintiffs deadline to comply with Local Patent Rules 3.1 and 3.2 is therefore extended from May 20, 2013, to June 3, 2013. Additionally, the Court advises Digitech to review the Central District of Californias Local Rules very carefully, especially Local Rule 5-4.4.2 regarding submission of word-processing versions of proposed orders and Local Rule 11-3 regarding the form and format of documents presented to the Court. Failure to comply with the Courts Local Rules will result in filings being stricken or denied. (lc) (Entered: 05/22/2013)
272013-05-31 Stipulation to Extend Time to Answer (More than 30 days)Joint STIPULATION for Extension of Time to File Answer to June 10, 2013 re Complaint - (Discovery), 1 filed by Defendants LG Electronics Inc, LG Electronics Mobilecomm USA Inc, LG Electronics USA Inc. (Attachments: # 1 Proposed Order)(Brooks, James) (Entered: 05/31/2013)
282013-05-31 Stipulation for Extension of Time to FileSTIPULATION for Extension of Time to File Digitechs Local P.R. 3.1 & 3.2 Disclosure of Asserted Claims and Infringement Contentions and Document Production filed by plaintiff Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Edmonds, John) (Entered: 05/31/2013)
292013-06-03 Order Extending Answer Due DeadlineORDER granting Stipulation 27 that defendants LG Electronics U.S.A., Inc., LG Electronics MobileComm U.S.A., Inc., and LG Electronics, Inc. time to answer, move, or otherwise respond to the Complaint shall be extended up to and including June 10, 2013 by Judge Otis D. Wright, II (lc) (Entered: 06/03/2013)
302013-06-03 OrderORDER by Judge Otis D. Wright, II, re Stipulation 28 that Plaintiffs Local P.R. 3.1 & 3.2 Disclosure of Asserted Claims and Infringement Contentions and Document Production shall be extended from June 3, 2013 to June 10, 2013. (lc) (Entered: 06/03/2013)
312013-08-05 Joint STIPULATION to Dismiss Case pursuant to settlement filed by Plaintiff Digitech Image Technologies LLC. (Attachments: # 1 Proposed Order)(Edmonds, John) (Entered: 08/05/2013)
322013-08-06 ORDER GRANTING JOINT MOTION TO DISMISS DEFENDANTS LG ELECTRONICS USA, INC., LG ELECTRONICS, INC. AND LG ELECTRONICS MOBILECOMM U.S.A., INC 31 . All attorneys fees, costs of court and expenses shall be borne by each party incurring the same by Judge Otis D. Wright, II. (Made JS-6. Case Terminated.) (lc) (Entered: 08/06/2013)
332013-08-06 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 order) (lc) (Entered: 08/06/2013)