This case was last updated from U.S. District Courts on 01/23/2025 at 23:50:46 (UTC).

Adaptive Avenue Associates, Inc. v. OpticsPlanet, Inc.

Case Summary

On 11/15/2023 Adaptive Avenue Associates, Inc filed an Intellectual Property - Patent lawsuit against OpticsPlanet, Inc. This case was filed in U.S. District Courts, Illinois Northern District Court. The Judge overseeing this case is John Robert Blakey. The case status is Open.

 

Case Details

  • Case Number:

    1:23-cv-15974

  • Filing Date:

    11/15/2023

  • Case Status:

    Open

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

John Robert Blakey

 

Party Details

Plaintiff and Counter-Defendant

Adaptive Avenue Associates, Inc.

Defendant and Counter-Claimant

OpticsPlanet, Inc.

Attorney/Law Firm Details

Plaintiff and Counter-Defendant Attorneys

Steven G Kalberg

David Randolph Bennett

Defendant and Counter-Claimant Attorneys

Neha Paresh Khandhadia

Harley Justin Goldstein

Daniel Charles Curth

 

Court Documents

#28

(#28) ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/30/2024)

#27

(#27) MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to extend time #23 , over objection, strikes the 1/8/25 Notice of Motion date (which Defendant no doubt selected because it was the Court's next available date, given the holidays), and sets revised case management dates as follows: the parties shall serve their final non-infringement contentions and final enforceability and validity contentions by 1/22/25; the parties shall exchange proposed claim terms to be construed (along with proposed constructions) by 2/4/25 and conduct the meet and confer required by LPR 4.1(b) by 2/14/25; Defendant shall file its opening claim construction brief by 3/13/25; the parties shall file their joint appendix by 3/13/25; Plaintiff shall file its responsive claim construction brief by 4/7/25; Defendant shall file its reply claim construction brief by 4/21/25; and the parties shall file their joint claim construction chart by 4/28/25. The Court strikes the 4/22/25 claim construction hearing and resets the matter for 6/3/25 at 11:00 a.m. in Courtroom 1203. Mailed notice. (evw, ) (Entered: 12/23/2024)

#26

(#26) REPLY by Defendant OpticsPlanet, Inc. to motion to amend/correct #23 (Khandhadia, Neha) (Entered: 12/19/2024)

#25

(#25) RESPONSE by Adaptive Avenue Associates, Inc.in Opposition to MOTION by Defendant OpticsPlanet, Inc. to amend/correct The Case Management Schedule #23 (Bennett, David) (Entered: 12/18/2024)

#24

(#24) NOTICE of Motion by Neha Paresh Khandhadia for presentment of motion to amend/correct #23 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM. (Khandhadia, Neha) (Entered: 12/17/2024)

23 #1

Text of Proposed Order

#23

(#23) MOTION by Defendant OpticsPlanet, Inc. to amend/correct The Case Management Schedule (Attachments: #1 Text of Proposed Order)(Khandhadia, Neha) (Entered: 12/17/2024)

#22

(#22) ATTORNEY Appearance for Counter Claimant OpticsPlanet, Inc., Defendant OpticsPlanet, Inc. by Neha Paresh Khandhadia (Khandhadia, Neha) (Entered: 09/11/2024)

19 #1

Text of Proposed Order

1 #12

Exhibit F Amendment, U.S. Appl. No. 10/698,332 (issued as the '707 patent),

1 #10

Exhibit D Publicly available code from www.opticsplanet.com

1 #9

Exhibit C Web slideshow sequence from www.opticsplanet.com

1 #8

Exhibit B Screenshot of jpg resources used as slideshow images from www.opticspl

1 #7

Exhibit A HTML elements associated with web slideshow from www.opticsplanet.com

1 #6

Exhibit 3 United States Patent No. 7,428,707

1 #4

Exhibit 2-1 David Quimby, Next Generation Web Presentation, Vol. 4 Issue 7 XML J

1 #3

Exhibit 2 Declaration of David Quimby

#1

(#1) COMPLAINT for Patent Infringement filed by Adaptive Avenue Associates, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21332631. (Attachments: #1 Exhibit List, #2 Exhibit 1 United States Patent No. 7,171,629, #3 Exhibit 2 Declaration of David Quimby, #4 Exhibit 2-1 David Quimby, Next Generation Web Presentation, Vol. 4 Issue 7 XML Journal 16 (July 2003), #5 Exhibit 2-2 Adaptive Avenue Press Release, December 1, 2003, #6 Exhibit 3 United States Patent No. 7,428,707, #7 Exhibit A HTML elements associated with web slideshow from www.opticsplanet.com, #8 Exhibit B Screenshot of jpg resources used as slideshow images from www.opticsplanet.com, #9 Exhibit C Web slideshow sequence from www.opticsplanet.com, #10 Exhibit D Publicly available code from www.opticsplanet.com, #11 Exhibit E Screenshot of the www.opticsplanet.com homepage and slideshow, #12 Exhibit F Amendment, U.S. Appl. No. 10/698,332 (issued as the '707 patent), dated Jan. 24, 2008., #13 Exhibit G Notice of Allowability, U.S. Appl. No. 10/698,332 (issued as the '707 patent), dated May 8, 2008.)(Kalberg, Steven) (Entered: 11/15/2023)

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Docket Entries

12/27/2024
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Docket(#28) ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/30/2024)

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12/19/2024
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Docket(#27) MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to extend time #23 , over objection, strikes the 1/8/25 Notice of Motion date (which Defendant no doubt selected because it was the Court's next available date, given the holidays), and sets revised case management dates as follows: the parties shall serve their final non-infringement contentions and final enforceability and validity contentions by 1/22/25; the parties shall exchange proposed claim terms to be construed (along with proposed constructions) by 2/4/25 and conduct the meet and confer required by LPR 4.1(b) by 2/14/25; Defendant shall file its opening claim construction brief by 3/13/25; the parties shall file their joint appendix by 3/13/25; Plaintiff shall file its responsive claim construction brief by 4/7/25; Defendant shall file its reply claim construction brief by 4/21/25; and the parties shall file their joint claim construction chart by 4/28/25. The Court strikes the 4/22/25 claim construction hearing and resets the matter for 6/3/25 at 11:00 a.m. in Courtroom 1203. Mailed notice. (evw, ) (Entered: 12/23/2024)

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12/19/2024
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Docket(#26) REPLY by Defendant OpticsPlanet, Inc. to motion to amend/correct #23 (Khandhadia, Neha) (Entered: 12/19/2024)

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12/18/2024
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Docket(#25) RESPONSE by Adaptive Avenue Associates, Inc.in Opposition to MOTION by Defendant OpticsPlanet, Inc. to amend/correct The Case Management Schedule #23 (Bennett, David) (Entered: 12/18/2024)

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12/17/2024
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Docket(#24) NOTICE of Motion by Neha Paresh Khandhadia for presentment of motion to amend/correct #23 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM. (Khandhadia, Neha) (Entered: 12/17/2024)

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12/17/2024
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Docket(#23) MOTION by Defendant OpticsPlanet, Inc. to amend/correct The Case Management Schedule (Attachments: #1 Text of Proposed Order)(Khandhadia, Neha) (Entered: 12/17/2024)

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09/11/2024
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Docket(#22) ATTORNEY Appearance for Counter Claimant OpticsPlanet, Inc., Defendant OpticsPlanet, Inc. by Neha Paresh Khandhadia (Khandhadia, Neha) (Entered: 09/11/2024)

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08/26/2024
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Docket(#21) MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion to extend deadlines #19 and adopts the revised deadlines set forth in the parties' motion; that is: Plaintiff shall serve its LPR 3.1 final infringement contentions by 11/20/24 (with its list of asserted claims due 11/6/24) and Defendant shall serve its final unenforceability and invalidity contentions by 11/20/24; the parties shall serve their final non-infringement contentions and final enforceability and validity contentions by 12/18/24; the parties shall exchange proposed claim terms to be construed (along with proposed constructions) by 12/31/24 and conduct the meet and confer required by LPR 4.1(b) by 1/10/25; Defendant shall file its opening claim construction brief by 2/6/25; the parties shall file their joint appendix by 2/6/25; Plaintiff shall file its responsive claim construction brief by 3/3/25; Defendant shall file its reply claim construction brief by 3/17/25; the parties shall file their joint claim construction chart by 3/24/25; and the Court sets this matter for a claim construction hearing 4/22/25 at 9:30 a.m. in Courtroom 1203. The 8/28/24 Notice of Motion date is stricken. Mailed notice (gel, ) (Entered: 08/26/2024)

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08/23/2024
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Docket(#20) NOTICE of Motion by David Randolph Bennett for presentment of motion to amend/correct, #19 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM. (Bennett, David) (Entered: 08/23/2024)

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08/23/2024
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Docket(#19) MOTION by Plaintiff Adaptive Avenue Associates, Inc. to amend/correct order on motion for protective order,,,,,,, order on motion for extension of time,,,,,,, terminate hearings,,,,,,, set deadlines,,,,,,, set motion and R&R deadlines/hearings,,,,,, #17 Joint Motion to Extend Deadlines (Attachments: #1 Text of Proposed Order)(Bennett, David) (Entered: 08/23/2024)

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11 More Docket Entries
01/19/2024
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Docket(#7) ATTORNEY Appearance for Defendant OpticsPlanet, Inc. by Daniel Charles Curth (Curth, Daniel) (Entered: 01/19/2024)

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12/28/2023
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Docket(#6) ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)

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11/15/2023

DocketSUMMONS Issued as to Defendant OpticsPlanet, Inc. (mek,) (Entered: 11/15/2023)

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11/15/2023

DocketCLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcc, ) (Entered: 11/15/2023)

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11/15/2023

DocketCASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). (jcc, ) (Entered: 11/15/2023)

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11/15/2023
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Docket(#5) ATTORNEY Appearance for Plaintiff Adaptive Avenue Associates, Inc. by David Randolph Bennett (Bennett, David) (Entered: 11/15/2023)

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11/15/2023
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Docket(#4) ATTORNEY Appearance for Plaintiff Adaptive Avenue Associates, Inc. by Steven G Kalberg (Kalberg, Steven) (Entered: 11/15/2023)

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11/15/2023
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Docket(#3) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Adaptive Avenue Associates, Inc. (Kalberg, Steven) (Entered: 11/15/2023)

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11/15/2023
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Docket(#2) CIVIL Cover Sheet (Kalberg, Steven) (Entered: 11/15/2023)

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11/15/2023
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Docket(#1) COMPLAINT for Patent Infringement filed by Adaptive Avenue Associates, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21332631. (Attachments: #1 Exhibit List, #2 Exhibit 1 United States Patent No. 7,171,629, #3 Exhibit 2 Declaration of David Quimby, #4 Exhibit 2-1 David Quimby, Next Generation Web Presentation, Vol. 4 Issue 7 XML Journal 16 (July 2003), #5 Exhibit 2-2 Adaptive Avenue Press Release, December 1, 2003, #6 Exhibit 3 United States Patent No. 7,428,707, #7 Exhibit A HTML elements associated with web slideshow from www.opticsplanet.com, #8 Exhibit B Screenshot of jpg resources used as slideshow images from www.opticsplanet.com, #9 Exhibit C Web slideshow sequence from www.opticsplanet.com, #10 Exhibit D Publicly available code from www.opticsplanet.com, #11 Exhibit E Screenshot of the www.opticsplanet.com homepage and slideshow, #12 Exhibit F Amendment, U.S. Appl. No. 10/698,332 (issued as the '707 patent), dated Jan. 24, 2008., #13 Exhibit G Notice of Allowability, U.S. Appl. No. 10/698,332 (issued as the '707 patent), dated May 8, 2008.)(Kalberg, Steven) (Entered: 11/15/2023)

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