IBM Federal District Court Decisions

IBM Corporation v. Micro Focus (US), Inc. et al

Filed: February 8, 2024 as 7:2022cv09910
Court: New York Southern District Court
Counter Claimant: Micro Focus (US), Inc.
Counter Defendant: IBM Corporation
Defendant: Micro Focus International PLC
Interested Party: Kirkland & Ellis LLP
Nature of Suit: Copyrights

ORDER: For the reasons described above, the Clerk of Court shall maintain ECF Nos. 161-1 and 161-2 as under seal and available only to selected parties. To the extent any of the documents referred to in this Order are only designated by the prote ctive order (ECF No. 113) as highly confidential until the end of the review period (30 days after the final transcripts are available), the parties shall inform the Court via a joint letter when the review period has ended. If the parties…

Xinuos, Inc. v. International Business Machines Corporation et al

Filed: January 23, 2024 as 7:2022cv09777
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Red Hat Inc.
Plaintiff: Xinuos, Inc.
Nature of Suit: Copyrights

ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for February 27, 2024 at 11:30 am. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the confere nce. At the Status Conference, the parties should be prepared to discuss the following: As further set forth in this order. A blank case management plan is attached to this order. If the parties do not have a CMP in place, then they…

Carvana, LLC v. International Business Machines Corporation

Filed: December 13, 2023 as 7:2023cv08616
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Carvana, LLC
Nature of Suit: Patent

DISCOVERY ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. §636(b)(1)(A). All pre-trial applications submitted to the undersigned must comply with this Court's Indiv idual Practices. All discovery (including requests for admission and any applications to the Court regarding the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. SO ORDERED. (Signed by…

Carvana, LLC v. International Business Machines Corporation

Filed: December 13, 2023 as 7:2023cv08616
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Carvana, LLC
Nature of Suit: Patent

ORDER RE STATUS CONFERENCE: A Status Conference (via telephone) is hereby scheduled for February 6, 2024 at 10:30 am. The parties are to dial in to the ATT conference line at 877-336-1839, enter access code 5999739, then # to enter the conference. At the Status Conference, the parties should be prepared to discuss the following: (1) a brief summary of claims, defenses, and relevant issues; (2) the basis of subject matter jurisdiction; (3) the subjects on which discovery may be needed;…

Hayden v. International Business Machines Corporation et al

Filed: December 7, 2023 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

ORDER: The Court has reviewed the parties' December 5, 2023 joint letter proposing competing schedules for: (1) Defendants production of documents pursuant to the rulings made on the record at the November 15, 2023 conference; (2) the date by which Plaintiff will take a Fed. R. Civ. P. 30(b)(6) deposition of Defendants; and (3) the completion of expert discovery. (Docket Nos. 191; 192). Since the parties were unable to come up with a schedule on their own, the Court adopts…

Stafford v. International Business Machines Corporation

Filed: October 13, 2023 as 1:2021cv06164
Court: New York Southern District Court
Petitioner: Elizabeth Stafford
Respondent: International Business Machines Corporation
Nature of Suit: Arbitration

ORDER: Pursuant to the Second Circuit's decision dated August 14, 2023, this case is hereby dismissed as moot. (See ECF No. 33.) The Clerk of Court is directed to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/13/2023) (tg)

GlobalFoundries U.S. Inc. v. International Business Machines Corporation

Filed: September 23, 2023 as 7:2023cv03348
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: GlobalFoundries U.S. Inc.

ORDER granting 71 Letter Motion to Seal. Granted. so ordered. (Signed by Judge Kenneth M. Karas on 9/22/2023) (rro)

Plaintiff v. Defendant

Filed: September 14, 2023 as 3:2023cv01308
Court: Texas Northern District Court
Defendant: Plaintiff v. Defendant
Plaintiff: Plaintiff v. Defendant
Nature of Suit: Other Labor Litigation

MEMORANDUM OPINION AND ORDER granting Defendant's 12(b)(6) Motion to Dismiss filed by International Business Machines Corporation and granting plaintiff leave to replead. (Ordered by Senior Judge Sidney A Fitzwater on 9/14/2023) (Senior Judge Sidney A Fitzwater)

Hayden v. International Business Machines Corporation et al

Filed: September 14, 2023 as 7:2021cv02485
Court: New York Southern District Court
Defendant: International Business Machines Corporation, Pablo Suarez, Shanker Ramamurthy
Plaintiff: Gerald Hayden

ORDER ALLOWING ALTERNATIVE SERVICE: Upon due consideration of Plaintiff's motion for Alternative Service at the September 13, 2023, status conference, at which all appearing parties were heard, it is hereby ORDERED: 1. That Plaintiff's Motion for Alternative Service is GRANTED, and Plaintiff is permitted to serve the deponent, Thomas Eck ("Deponent"), by alternative means calculated to bestow timely actual notice. 2. That these alternative means may include, but…

Lockinger v. International Business Machines Corporation

Filed: June 23, 2023 as 1:2022cv09888
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Catherine Lockinger
Nature of Suit: Employment

PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/23/2023) (jca)

Doheny v. International Business Machines, Corp. et al

Filed: June 14, 2023 as 1:2023cv03962
Court: New York Southern District Court
Defendant: International Business Machines, Corp., Kyndryl Holdings, Inc.
Plaintiff: MaryKathryn Doheny, Tony DeGruccio
Nature of Suit: Employment

ORDER: As discussed at yesterday's conference, Defendants' deadline to respond to the amended complaint remains June 30, 2023. Plaintiffs' oppositions to the anticipated motions to dismiss are now due July 21, 2023, and are not to exceed 25 pages in length. Defendants' replies, if any, are due July 28, 2023, and are not to exceed 10 pages in length. In addition, Defendants' oppositions to Plaintiffs' motion for issuance of notice are due July 21, 2023,…

Doheny v. International Business Machines, Corp. et al

Filed: June 13, 2023 as 1:2023cv03962
Court: New York Southern District Court
Defendant: International Business Machines, Corp., Kyndryl Holdings, Inc.
Plaintiff: MaryKathryn Doheny, Tony DeGruccio
Nature of Suit: Employment

ORDER: The conference currently scheduled for today at 4:00 p.m. is rescheduled for 4:30 p.m. (Status Conference set for 6/13/2023 at 04:30 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 6/13/2023) (ras)

GlobalFoundries U.S. Inc. v. International Business Machines Corporation

Filed: June 9, 2023 as 7:2023cv03348
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: GlobalFoundries U.S. Inc.

ORDER granting 41 Letter Motion to Seal. As the proposed redactions contain confidential business information and are minimal, the Court grants Defendant's motion to permanently seal Dkt. No. 42. The Clerk of the Court is directed to terminate the pending motion at Dkt. No. 41. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/9/2023) (tg)

IBM Corporation v. Micro Focus (US), Inc. et al

Filed: June 8, 2023 as 7:2022cv09910
Court: New York Southern District Court
Counter Claimant: Micro Focus (US), Inc.
Counter Defendant: IBM Corporation
Defendant: Micro Focus International PLC
Interested Party: Kirkland & Ellis LLP
Nature of Suit: Copyrights

OPINION AND ORDER re: 56 MOTION to Dismiss Plaintiff's First Amended Complaint. filed by Micro Focus (US), Inc., 22 MOTION to Disqualify Counsel filed by Micro Focus (US), Inc. The motion to dismiss is GRANT ED IN PART and DENIED IN PART. IBM's copyright infringement claim shall proceed. IBM's breach of contract claim is dismissed. By June 13, 2023, Micro Focus shall file an answer. The motion to disqualify IBM's counsel is DENIED. Given t hat…

International Business Machines Corporation v. Rakuten, Inc. et al

Filed: June 1, 2023 as 1:2021cv00461
Court: Delaware District Court
Defendant: Rakuten Commerce, LLC, Rakuten USA, Inc., Ebates Inc. doing business as Rakuten, Rakuten, Inc., Ebates Performance Marketing, Inc. doing business as Rakuten Rewards
Plaintiff: International Business Machines Corporation
Nature of Suit: Patent

MEMORANDUM OPINION re claim construction. Signed by Judge Gregory B. Williams on 6/1/23. (ntl)

Lubrizol Corporation v. International Business Machines Corporation

Filed: May 15, 2023 as 1:2021cv00870
Court: Ohio Northern District Court
Defendant: International Business Machines Corporation
Plaintiff: Lubrizol Corporation
Nature of Suit: Other Contract

Memorandum Opinion and Order. Lubrizol's motion to compel is GRANTED. 77 . Within 28 days of this Memorandum Opinion and Order, IBM is hereby ordered to produce: (1) the entirety of any Slack conversation containing 20 or fewer total messages that has at least one responsive message; and (2) the 10 messages preceding or following any responsive Slack message in a Slack channel containing more than 20 total messages. Within 28 days, Lubrizol shall do the same with respect to its…

Washbish v. International Business Machines Corporation

Filed: May 9, 2023 as 1:2023cv03013
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Gail Washbish
Nature of Suit: Arbitration

ORDER granting 18 Letter Motion to Seal. The Respondent's request is hereby GRANTED. The parties are ORDERED to submit a proposed briefing schedule as to the sealing issue on or by May 12, 2023. IT IS SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 5/9/2023) (ks)

GlobalFoundries U.S. Inc. v. International Business Machines Corporation

Filed: May 4, 2023 as 7:2023cv03348
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: GlobalFoundries U.S. Inc.

CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for oral argument on Plaintiff's Motion to Expedite Discovery before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, May 11, 2023 at 11 :00 a.m. in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601. So Ordered. ( Oral Argument set for 5/11/2023 at 11:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) …

Roberts et al v. International Business Machines Corporation

Filed: April 25, 2023 as 7:2021cv09928
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Gary Roberts, HRH P. Michael Popa, R. Kevin Rodriguez, Jonathan Rosenoer, Mike Carrubba, Bill Ellmore, Michael Butera, Alanna Robinson-Bailey, Kevin Monagle, Philip Philippides, Darin Cross, Darrell Goff, Demone Abrams, Ken Claflin, Alex Campos, Linda Reda, Dwayne Picou, Igancio Angles, Nikhil Patel, Deborah Young, Jim Fyffe, Vidya Sagar, Heidi Pehhrson, Venkat Govindarajan, Jeffrey Werner, Robert Broughton, Piyush Gupta, Michael Matry, Christopher Britton, Peter Toro, Cathy Carney, Patrick O'Boyle, III and others
Nature of Suit: Employment

ORDER: Accordingly, it is hereby ORDERED that, by no later than May 4, 2023, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint t hat is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the …

Kinney et al v. International Business Machines Corporation

Filed: April 14, 2023 as 1:2021cv05848
Court: New York Southern District Court
Defendant: International Business Machines Corporation
Plaintiff: Tom Kierl, Constance Lewis, Sheri Parr, Paul Pham, Chris Mancuso, Wilbert Talmadge
Nature of Suit: Employment

ORDER: The parties are ordered to provide a Joint Status Report to the Court on or before April 28, 2023 as to the status of any remaining claims in this action. (Signed by Judge Andrew L. Carter, Jr on 4/14/2023) (ate)