Case details

Court: txwd
Docket #: 5:12-cv-00282
Case Name: United Services Automobile Association v. Mitek Systems, Inc.
PACER case #: 544895
Date filed: 2012-03-29
Assigned to: Chief Judge Fred Biery
Referred to: Judge John W. Primomo
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
United States Automobile Association
Plaintiff
a Texas reciprocal inter-insurance exchange
R. Laurence Macon
Akin, Gump, Strauss, Hauer & Feld, LLP 300 Convent Street, Suite 1600 San Antonio, TX 78205 (210) 281-7000 Fax: (210) 224-2035 Email: lmacon@akingump.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Francescani
Fish & Richardson, P.C. 601 Lexington Avenue, 52nd Floor New York, NY 10022 (212) 765-5070 Fax: (212) 258-2291
PRO HAC VICE ATTORNEY TO BE NOTICED

Michael T. Zoppo
Fish & Richardson, P.C. 601 Lexington Avenue, 52nd Floor New York, NY 10022 (212) 765-5070 Fax: (212) 258-2291
PRO HAC VICE ATTORNEY TO BE NOTICED

Mitek Systems, Inc.
Defendant
a Delaware corporation
M. Craig Tyler
Wilson Sonsini Goodrich & Rosati, PC 900 South Capital of Texas Highway Las Cimas IV, Fifth Floor Austin, TX 78746-5546 (512)338-5400 Fax: 512/338-5499 Email: ctyler@wsgr.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Tait Graves
Wilson Sonsini Goodrich & Rosati One Market Plaza, Spear Tower, Suite 3300 San Francisco, CA 94105 (415) 947-2109 Fax: (415) 947-2099 Email: tgraves@wsgr.com
PRO HAC VICE ATTORNEY TO BE NOTICED

James C. Yoon
Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 (650) 493-9300 Fax: (650) 493-6811
ATTORNEY TO BE NOTICED

Ryan R. Smith
Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304 (650) 493-9300 Fax: (650) 493-6811
PRO HAC VICE ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-29 1 0 ***SEALED PER COURT ORDER doc #5****COMPLAINT ( Filing fee $ 350.00 receipt number S210337), filed by United States Automobile Association. (Attachments: # 1 Exhibits to Complaint, # 2 Continuation of Exhibits to Complaint, # 3 Continuation of Exhibits to Complaint, # 4 Continuation of Exhibits to Complaint, # 5 Continuation of Exhibits to Complaint, # 6 Continuation of Exhibits to Complaint, # 7 Continuation of Exhibits to Complaint, # 8 Continuation of Exhibits to Complaint, # 9 Continuation of Exhibits to Complaint, # 10 Continuation of Exhibits to Complaint, # 11 Continuation of Exhibits to Complaint, # 12 Civil Cover Sheet Plus Filing Fee Receipt)(dtg) Modified on 4/6/2012 (rf). Modified on 4/9/2012 (rf). (Entered: 03/30/2012)
2012-03-29 2 0 Summons Issued as to Mitek Systems, Inc. (dtg) (Entered: 03/30/2012)
2012-03-30 3 0 Report on Patent/Trademark sent to U.S. Patent and Trademark Office. (dtg) (Entered: 03/30/2012)
2012-04-06 4 0 MOTION to Seal re 1 Complaint and Replace with Redacted Version filed by United States Automobile Association. (Attachments: # 1 Proposed Redacted Complaint, # 2 Proposed Redacted Exhibits)(rf) (Entered: 04/06/2012)
2012-04-09 5 0 ORDER GRANTING 4 Motion to Seal. Signed by Chief Judge Fred Biery. (rf) (Entered: 04/09/2012)
2012-04-09 6 0 REDACTED COMPLAINT filed by United States Automobile Association. (Attachments: # 1REDACTED Exhibits H, I, J, K, Q, R, S, T, U, and V)(rf) Modified 4/9/12, to edit text (rf) (Additional attachment(s) added on 4/9/2012: # 2 Exhibits A - B, # 3 Exhibits A - B cont., # 4 Exhibits C -D, # 5 Exhibits D cont., # 6 Exhibits E - G, # 7 Exhibit G cont., # 8 Exhibits L - P, # 9 Exhibit P cont., # 10 Exhibit P cont., # 11 Civil Cover Sheet and receipt) (rf, ). Modified on 4/9/2012, to add exhibits (rf). (Entered: 04/09/2012)
2012-04-10 7 0 SUMMONS Returned Executed by United States Automobile Association. Mitek Systems, Inc. served on 4/2/2012, answer due 4/23/2012. (Macon, R.) (Entered: 04/10/2012)
2012-04-16 8 0 MOTION to Dismiss Pursuant to Rule 12(b)(3) by Mitek Systems, Inc.. (Attachments: # 1 Proposed Order)(Tyler, M.) (Entered: 04/16/2012)
2012-04-16 9 0 MOTION to Appear Pro Hac Vice by M. Craig Tyler for Charles Tait Graves ( Filing fee $ 25 receipt number 0542-4494301) by on behalf of Mitek Systems, Inc.. (Tyler, M.) (Entered: 04/16/2012)
2012-04-16 10 0 MOTION to Appear Pro Hac Vice by M. Craig Tyler for James Yoon ( Filing fee $ 25 receipt number 0542-4495615) by on behalf of Mitek Systems, Inc.. (Attachments: # 1 Proposed Order)(Tyler, M.) (Entered: 04/16/2012)
2012-04-16 11 0 MOTION to Appear Pro Hac Vice by M. Craig Tyler for Ryan Smith ( Filing fee $ 25 receipt number 0542-4495662) by on behalf of Mitek Systems, Inc.. (Attachments: # 1 Proposed Order)(Tyler, M.) (Entered: 04/16/2012)
2012-04-18 12 0 ORDER GRANTING 9 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING 10 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING 11 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Chief Judge Fred Biery. (rg) (Entered: 04/18/2012)
2012-04-18 13 0 MOTION to Appear Pro Hac Vice by R. Laurence Macon ON BEHALF OF DAVID FRANCESCANI ( Filing fee $ 25 receipt number 0542-4502380) by on behalf of United States Automobile Association. (Attachments: # 1 Proposed Order)(Macon, R.) (Entered: 04/18/2012)
2012-04-18 14 0 MOTION to Appear Pro Hac Vice by R. Laurence Macon ON BEHALF OF MICHAEL T. ZOPPO ( Filing fee $ 25 receipt number 0542-4502394) by on behalf of United States Automobile Association. (Attachments: # 1 Proposed Order)(Macon, R.) (Entered: 04/18/2012)
2012-04-18 15 0 MOTION PLAINTIFF'S EMERGENCY MOTION TO ENJOIN DUPLICATIVE ACTION by United States Automobile Association. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Macon, R.) (Entered: 04/18/2012)
2012-04-18 16 0 AMENDED COMPLAINT PLAINTIFF'S FIRST AMENDED COMPLAINT against Mitek Systems, Inc. amending, filed by United States Automobile Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L, # 12 Exhibit M, # 13 Exhibit N, # 14 Exhibit O, # 15 Exhibit P, # 16 Exhibit Q)(Macon, R.) (Entered: 04/18/2012)
2012-04-18 17 0 Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K, # 5 Proposed Order) (Macon, R.) (Entered: 04/18/2012)
2012-04-23 18 0 ORDER GRANTING 13 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING 14 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Chief Judge Fred Biery. (rg) (Entered: 04/23/2012)
2012-04-23 19 0 ORDER DISMISSING without prejudice 8 Defendant's Motion to Dismiss. Signed by Chief Judge Fred Biery. (rg) (Entered: 04/23/2012)
2012-04-25 21 0 MOTION to Dismiss Defendant Mitek Systems, Inc.'s (1) Renewed Rule 12(b)(3) Motion to Dismiss; and, in the Alternative, (2) Renewed Motion to Transfer Venue by Mitek Systems, Inc.. (Graves, Charles). Added MOTION to Change Venue on 4/26/2012 (rf). (Entered: 04/25/2012)
2012-04-25 22 0 Memorandum in Opposition to Motion, filed by Mitek Systems, Inc., re 15 MOTION PLAINTIFF'S EMERGENCY MOTION TO ENJOIN DUPLICATIVE ACTION filed by Plaintiff United States Automobile Association Defendant Mitek Systems, Inc.'s Opposition to Emergency Motion to Enjoin Duplicative Action (Attachments: # 1 Proposed Order)(Graves, Charles) (Entered: 04/25/2012)
2012-10-10 34 0 MOTION to Appear Pro Hac Vice by Kirin K. Gill by on behalf of Mitek Systems, Inc. (rg) (Entered: 10/10/2012)
2012-10-11 35 0 REPLY to Response to Motion, filed by Mitek Systems, Inc., re 31 MOTION to Dismiss Renewed Rule 12(b)(3) Motion to Dismiss; and, in the alternative, Renewed Motion to Transfer Venue filed by Defendant Mitek Systems, Inc. (Attachments: # 1 Proposed Order)(Tyler, M.) (Entered: 10/11/2012)
36 0
2012-10-22 37 0 Opposed MOTION for Leave to File USAA's Sur-Reply in Opposition to Mitek's Second Renewed Motion to Dismiss or Transfer Venue by United Services Automobile Association ("USAA"). (Attachments: # 1 Exhibit A - USAA's Sur-Reply in Opposition to Mitek's Second Renewed Motion to Dismiss or Transfer Venue, # 2 Proposed Order)(Macon, R.) (Entered: 10/22/2012)
2012-10-23 38 0 Response in Opposition to Motion, filed by Mitek Systems, Inc., re 37 Opposed MOTION for Leave to File USAA's Sur-Reply in Opposition to Mitek's Second Renewed Motion to Dismiss or Transfer Venue filed by Plaintiff United Services Automobile Association ("USAA") (Tyler, M.) (Entered: 10/23/2012)
2012-11-12 42 0 RESPONSE to Motion, filed by Mitek Systems, Inc., re 41 Motion for leave to File Sealed Document filed by Plaintiff United Services Automobile Association ("USAA") (Hyman, Leslie) Modified docket entry on 11/13/2012 (rg). (Entered: 11/12/2012)
2012-11-12 43 0 Joint MOTION JOINT STATUS REPORT AND MOTION FOR ENTRY OF SCHEDULING ORDER re 30 Order for Scheduling Recommendations/Proposed Scheduling Order by Mitek Systems, Inc., United Services Automobile Association ("USAA"). (Attachments: # 1 Exhibit A - PROPOSED SCHEDULING ORDER)(Macon, R.) (Entered: 11/12/2012)
2012-11-13 44 0 MOTION to Appear Pro Hac Vice by M. Craig Tyler Motion for Admission Pro Hac Vice of Corina I. Cacovean ( Filing fee $ 25 receipt number 0542-5053722) by on behalf of Mitek Systems, Inc.. (Attachments: # 1 Proposed Order)(Tyler, M.) (Entered: 11/13/2012)
2012-11-28 54 0 ORDER GRANTING 32 Motion for Leave to File Sealed Document; GRANTING 41 Motion for Leave to File Sealed Document; GRANTING 43 Motion for Entry of Scheduling Order; GRANTING 44 Motion to Appear Pro Hac Vice; GRANTING 45 Motion to Appear Pro Hac Vice; GRANTING 50 Motion for Protective Order. Signed by Chief Judge Fred Biery. (rg) (Entered: 11/28/2012)
2012-11-28 55 0 Sealed Document filed. (rg) (Entered: 11/28/2012)
2012-11-28 56 0 Sealed Document filed. (rg) (Entered: 11/28/2012)
2012-11-28 57 0 Scheduling Recommendations JOINT SCHEDULING RECOMMENDATIONS by Mitek Systems, Inc., United Services Automobile Association ("USAA"). (Macon, R.) (Entered: 11/28/2012) 2012-11-29 13:35:33 f07a080c4d1f4c31547c7e5e7c035045017f12bd
2012-12-05 58 0 Response in Opposition to Motion, filed by United Services Automobile Association ("USAA"), re 51 MOTION for Discovery Mitek Systems, Inc.'s Motion for an Order Requiring Pre-Discovery Identification of Trade Secret Claims filed by Defendant Mitek Systems, Inc. (Attachments: # 1 Proposed Order)(Macon, R.) (Entered: 12/05/2012)
2012-12-06 59 0 ORDER REFERRING CASE to Magistrate Judge John W. Primomo. Signed by Chief Judge Fred Biery.. Referral Magistrate Judge: John W. Primomo. (rf) (Entered: 12/06/2012) 2012-12-07 08:48:25 4e8187c4a6d622c5b590289f9cb92a29f15a3d3d
60 0
61 0
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2012-12-12 63 0 REPLY to Response to Motion, filed by Mitek Systems, Inc., re 51 MOTION for Discovery Mitek Systems, Inc.'s Motion for an Order Requiring Pre-Discovery Identification of Trade Secret Claims filed by Defendant Mitek Systems, Inc. Mitek Systems, Inc.'s Reply Brief in Support of its Motion for an Order Requiring Pre-Discovery Identification of Trade Secret Claims (Graves, Charles) (Entered: 12/12/2012)
2012-12-13 64 0 MOTION to Dismiss USAA'S MOTION TO DISMISS MITEK'S FALSE ADVERTISING COUNTERCLAIM by United Services Automobile Association ("USAA"). (Attachments: # 1 Proposed Order). Motions referred to Judge John W. Primomo. (Macon, R.) (Entered: 12/13/2012)
2012-12-13 65 0 MOTION to Dismiss USAA'S MOTION TO DISMISS OR STRIKE MITEK'S BAD FAITH CLAIMS by United Services Automobile Association ("USAA"). (Attachments: # 1 Proposed Order). Motions referred to Judge John W. Primomo. (Macon, R.) (Entered: 12/13/2012)
2012-12-13 66 0 REPLY to Response to Motion, filed by Mitek Systems, Inc., re 49 MOTION to Dismiss Mitek's Partial Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(b) and Memorandum in Support filed by Defendant Mitek Systems, Inc. Mitek's (1) Reply in Support of Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(6) and (2) Opposition to USAA's Motion for Leave to File Second Amended Complaint (Graves, Charles) (Entered: 12/13/2012)
2012-12-13 67 0 RESPONSE to Motion, filed by Mitek Systems, Inc., re 62 Motion for leave to File Sealed Document filed by Plaintiff United Services Automobile Association ("USAA") Mitek Systems, Inc.'s Response to Plaintiff's Motion for Leave to File Under Seal Certain Exhibits to Plaintiff's Second Amended Complaint and Plaintiffs' Amended First Supplement to its Answer and Counterclaims (Graves, Charles) (Entered: 12/13/2012)
2012-12-21 69 0 MOTION for Leave to File USAA'S SUPPLEMENT TO ITS RESPONSE IN OPPOSITION TO MITEK'S MOTION FOR PRE-DISCOVERY by United Services Automobile Association ("USAA"). (Attachments: # 1 Exhibit "A", # 2 Proposed Order). Motions referred to Judge John W. Primomo. (Macon, R.) (Entered: 12/21/2012)
2012-12-21 70 0 Motion for leave to File Sealed Document. Referral Judge: John W. Primomo. (Attachments: # 1 Sealed Document EXHIBIT "A", # 2 Sealed Document EXHIBIT "B", # 3 Sealed Document EXHIBIT "C", # 4 Sealed Document EXHIBIT "E") (Macon, R.) (Entered: 12/21/2012)
2012-12-26 71 0 RESPONSE to Motion, filed by Mitek Systems, Inc., re 69 MOTION for Leave to File USAA'S SUPPLEMENT TO ITS RESPONSE IN OPPOSITION TO MITEK'S MOTION FOR PRE-DISCOVERY filed by Plaintiff United Services Automobile Association ("USAA") Mitek's Response to Plaintiff's Motion for Leave to File Under Seal Certain Exhibits to USAA's Supplement to Its Response in Opposition to Mitke's Motion for an Order Requiring Pre-Discovery Identification of Trade Secret Claims (Graves, Charles) (Entered: 12/26/2012)
2013-01-02 72 0 ORDER GRANTING 68 Motion for Extension of Time to File Response/Reply. Signed by Judge John W. Primomo. (rg) (Entered: 01/02/2013)
2013-01-03 76 0 Response in Opposition to Motion, filed by Mitek Systems, Inc., re 64 MOTION to Dismiss USAA'S MOTION TO DISMISS MITEK'S FALSE ADVERTISING COUNTERCLAIM filed by Plaintiff United Services Automobile Association ("USAA") Mitek's Response in Opposition to USAA's Motion to Dismiss Mitek's False Advertising Counterclaim (Attachments: # 1 Proposed Order)(Graves, Charles) (Entered: 01/03/2013)
2013-01-03 77 0 Response in Opposition to Motion, filed by Mitek Systems, Inc., re 65 MOTION to Dismiss USAA'S MOTION TO DISMISS OR STRIKE MITEK'S BAD FAITH CLAIMS filed by Plaintiff United Services Automobile Association ("USAA") Mitek's Response in Opposition to USAA's Motion to Strike Mitek's Bad Faith Claim (Attachments: # 1 Proposed Order)(Graves, Charles) (Entered: 01/03/2013)
2013-01-10 80 0 REPLY to Response to Motion, filed by United Services Automobile Association ("USAA"), re 64 MOTION to Dismiss USAA'S MOTION TO DISMISS MITEK'S FALSE ADVERTISING COUNTERCLAIM filed by Plaintiff United Services Automobile Association ("USAA") (Macon, R.) (Entered: 01/10/2013)
2013-01-10 81 0 REPLY to Response to Motion, filed by United Services Automobile Association ("USAA"), re 65 MOTION to Dismiss USAA'S MOTION TO DISMISS OR STRIKE MITEK'S BAD FAITH CLAIMS filed by Plaintiff United Services Automobile Association ("USAA") (Macon, R.) (Entered: 01/10/2013)
2013-01-16 82 0 REPLY to Response to Motion, filed by Mitek Systems, Inc., re 70 Motion for leave to File Sealed Document filed by Plaintiff United Services Automobile Association ("USAA") Mitek's Reply Brief in Support of Motion to Compel Complete Response to Interrogatory No. 2 (Graves, Charles) (Entered: 01/16/2013)
2013-01-16 83 0 MOTION to Appear Pro Hac Vice by Christopher D. Mays by on behalf of Mitek Systems, Inc... Motions referred to Judge John W. Primomo. (rf) (Entered: 01/17/2013)
2013-01-17 84 0 ADVISORY TO THE COURT by Mitek Systems, Inc.. (Graves, Charles) (Entered: 01/17/2013) 2013-01-18 09:14:38 f5ef83f9b136653cb86e91bf61959e29970cb6a4
2013-01-18 85 0 ORDER GRANTING 83 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge John W. Primomo. (rg) (Entered: 01/18/2013)
2013-02-01 89 0 Response in Opposition to Motion, filed by Mitek Systems, Inc., re 87 MOTION to Compel filed by Plaintiff United Services Automobile Association ("USAA") Mitek's Response in Opposition to USAA's Motion to Compel (Interrogatories 7, 11, and 12) (Graves, Charles) (Entered: 02/01/2013)
91 0