Voip Pal Com Inc (VPLM)

[ButtersOnARoll]

VPLM v. Amazon CMC trial date info:

OK, not sure if you all can see this below, but this is the most recent Joint CMC presented by Hudnell on June 26th, 2023:

JOINT MOTION FOR ENTRY OF FIRST AMENDED SCHEDULING ORDER

In this motion above Hundell/VP's proposed trial date is listed as "May 28, 2024 (or as soon as practicable)". Amazon's proposed trial date is listed as "52 weeks after the conclusion of the USPTO patent reexamination (or as soon as practicable thereafter)".

The Successfull-Ex-Parte-Reexamination-Challenge-Against-the-606-Patent was PR'ed by VP (another legal update after July 2023) on Nov of 2023, which puts Amazons proposed trial date out to Nov, 2024.

if we look at Albright's WACO CMC governing order proceedings, case trial should start "52 weeks after Markman hearing (or as soon as practicable)* (* If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the actual trial date. has concluded.)" NOT AFTER PATENT REEXAMIATION, as Amazon proposed. As we've learned in the past Albright doesn't stay schedules based on USPTO IPRs. So to me, this means that Albright will be sticking to his schedule as close as possible.

Markman hearings (or Claims Constructions hearing) occur before Discover. This case against Amazon claims hearing completed in February 2023 and then VP won an amended claims in June of 2023. So, one could argue that Markman didn't actually complete until June of 2023. According to Albright's governing order proceedings, we could expect a trial date around June time frame

Emil has PR'd (Nov PR above) that "Our other case in Waco, asserting the ‘606 patent against Amazon, is currently in the discovery phase and is also moving along. It has been a long battle, but we are prepared to stay the course and will continue to move forward. Patience is a virtue.”

we're well into Discovery, I don't think the trial date has been set by Albright, but no stays and/or changes to the joint proposed schedule have been filed. IMO, Amazons latest Alice motion in front of Albright is going down in flames and we should hopefully see something on the docket soon from Albright.