BRK Brands, Inc. v. Nest Labs, Inc.

1:13-cv-07900

Overview

Case Number 1:13-cv-07900

Filing Date 2013-11-04

Status Terminated

Termination Date 2014-06-24

Court District Court, N.D. Illinois (ilnd)

Presiding Judge Richard A. Posner

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Plaintiff

Gary J Morris, Ph.D.

Represented By

3 Attorneys Listed

Sanjay K. Murthy

K&L Gates LLP

Tel: +1 (312) 372-1448

Fax: +1 (312) 324-1001

70 West Madison, Suite 3100

Craig Geoffrey Cochenour

Buchanan Ingersoll & Rooney Pc

Tel: +1 (412) 562-3978

301 Grant Street, 20th Floor

Lynn J Alstadt

Buchanan Ingersoll & Rooney PC

Tel: +1 (412) 562-1632

301 Grant Street, 20th Floor

BRK Brands, Inc.

Represented By

6 Attorneys Listed

Michael J. Abernathy

K&L Gates LLP

Tel: +1 (312) 372-1121

70 West Madison, Suite 3100

Bryan J. Sinclair

K&l Gates Llp

Tel: +1 (650) 798-6700

630 Hansen Way, Palo Alto, CA 94304

Sanjay K. Murthy

K&L Gates LLP

Tel: +1 (312) 372-1448

Fax: +1 (312) 324-1001

70 West Madison, Suite 3100

Benjamin E. Weed

K&L Gates LLP

Tel: +1 (312) 781-7166

70 West Madison, Suite 3100

Ravinder Singh Deol

K&l Gates Llp

Tel: +1 (214) 939-5976

1717 Main Street, Suite 2800

Devon Curtis Beane

K&l Gates Llp

Tel: +1 (312) 807-4436

70 West Madison Street, Suite 3100

Defendant

Nest Labs, Inc.

Represented By

13 Attorneys Listed

Matthew J Caccamo

Baker & Hostetler LLP

Tel: +1 (312) 416-6235

Fax: +1 (312) 416-6256

191 North Wacker Drive, Chicago, IL 60606

John Sheldon Letchinger

Baker & Hostetler LLP

Tel: +1 (312) 416-6206

Fax: +1 (312) 416-6260

191 North Wacker Drive, Chicago, IL 60606

David Rokach

Kirkland & Ellis LLP

Tel: +1 (312) 862-2000

300 North LaSalle Street, Chicago, IL 60654

John P. Scheibeler

White & Case Llp

Tel: +1 (212) 819-8830

1155 Avenue Of The Americas, New York, NY 10036

Frank T. Blechschmidt

Baker & Hostetler LLP

Tel: +1 (312) 416-6295

191 North Wacker Dr., Suite 3100

Vigen Salmastlian

White & Case Llp

Tel: +1 (650) 213-0300

3000 El Camino Real, 5 Palo Alto Square, 9th Floor

Louis Anding Klapp , III

Kirkland & Ellis LLP

Tel: +1 (312) 862-2747

300 North LaSalle Street, Chicago, IL 60654

Kevin X. Mcgann

White & Case Llp

Tel: +1 (212) 819-8200

1155 Avenue Of The Americas, New York, NY 10036

John Padro

White & Case Llp

Tel: +1 (212) 819-8200

1155 Avenue Of The Americas, New York, NY 10036

Jeffrey J. Oelke

White & Case

Tel: +1 (212) 819-8200

White & Case, 1155 Avenue of the Americas

Gregory S. Arovas

Kirkland & Ellis, LLP

Tel: +1 (212) 446-4800

601 Lexington Avenue, New York, NY 10022

Reid P. Huefner

Kirkland & Ellis LLP

Tel: +1 (312) 861-3186

300 North LaSalle Street, Chicago, IL 60654

Marcus Edward Sernel

Kirkland & Ellis LLP

Tel: +1 (312) 862-2000

300 North LaSalle Street, Chicago, IL 60654

Court & Judges

Court

District Court, N.D. Illinois (ilnd)

Presiding Judge

Richard A. Posner

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

2013-11-04

View

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

2013-11-04

View

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

2013-11-04

View

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

2013-11-04

View

BRK Brands, Inc. v. Nest Labs, Inc.

Overview

Parties

Plaintiff

Gary J Morris, Ph.D. Follow

Represented By

BRK Brands, Inc. Follow

Represented By

Defendant

Nest Labs, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

COMPLAINT filed by BRK Brands, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-8896562. (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)(Murthy, Sanjay) (Entered: 11/04/2013)

CIVIL Cover Sheet (Murthy, Sanjay) (Entered: 11/04/2013)

ATTORNEY Appearance for Plaintiff BRK Brands, Inc. by Sanjay K. Murthy (Murthy, Sanjay) (Entered: 11/04/2013)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BRK Brands, Inc. (Murthy, Sanjay) (Entered: 11/04/2013)

NOTICE by BRK Brands, Inc. of Claim Involving U.S. Patents Pursuant to Local Rule 3.4 (Murthy, Sanjay) (Entered: 11/04/2013)

MOTION by Plaintiff BRK Brands, Inc. for preliminary injunction (Murthy, Sanjay) (Entered: 11/04/2013)

MOTION by Plaintiff BRK Brands, Inc. to seal document declaration, 8 (Murthy, Sanjay) (Entered: 11/04/2013)

NOTICE of Motion by Sanjay K. Murthy for presentment of motion to seal document, motion for relief 9, motion for preliminary injunction 6 before Honorable Milton I. Shadur on 11/12/2013 at 09:15 AM. (Murthy, Sanjay) (Entered: 11/04/2013)

ATTORNEY Appearance for Plaintiff BRK Brands, Inc. by Devon Curtis Beane (Beane, Devon) (Entered: 11/04/2013)

ATTORNEY Appearance for Plaintiff BRK Brands, Inc. by Benjamin E. Weed (Weed, Benjamin) (Entered: 11/05/2013)

MINUTE entry before Honorable Milton I. Shadur: The Clerk is directed to transfer this case to the Patent Case Pilot Program, forthwith. All pending dates before this Court are vacated. Mailed notice by judge's staff. (srb,) (Entered: 11/05/2013)

MAILED patent request letter to Counsel of record. (vcf, ) (Entered: 11/05/2013)

NOTICE by BRK Brands, Inc. Supplemental Notice of Claim Involving U.S. Patents Pursuant to Docket Entry No. 14 (Murthy, Sanjay) (Entered: 11/06/2013)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-8904503. (Sinclair, Bryan) (Entered: 11/06/2013)

MAILED patent report to Patent Trademark Office, Alexandria VA. (vcf, ) (Entered: 11/07/2013)

SUMMONS Returned Executed by BRK Brands, Inc. as to Nest Labs, Inc. on 11/5/2013, answer due 11/26/2013. (Murthy, Sanjay) (Entered: 11/07/2013)

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Virginia M. Kendall for all further proceedings. Signed by Executive Committee on 11/7/2013.(rp, ) (Entered: 11/08/2013)

NOTICE of Motion by Sanjay K. Murthy for presentment of motion to seal document, motion for relief 9, motion for preliminary injunction 6 before Honorable Virginia M. Kendall on 11/14/2013 at 09:00 AM. (Murthy, Sanjay) (Entered: 11/08/2013)

ORDER: Motion for leave to appear pro hac vice 16 is granted. Signed by the Honorable Virginia M. Kendall on November 8, 2013. Mailed notice(mr, ) (Entered: 11/12/2013)

ATTORNEY Appearance for Plaintiff BRK Brands, Inc. by Ravinder Singh Deol (Deol, Ravinder) (Entered: 11/12/2013)

MINUTE entry before Honorable Virginia M. Kendall:This case having been reassigned to the calendar of the Honorable Virginia M. Kendall, an initial status hearing is set for 11/21/2013 at 09:00 AM.Mailed notice (tsa, ) (Entered: 11/13/2013)

ATTORNEY Appearance for Defendant Nest Labs, Inc. by Marcus Edward Sernel (Sernel, Marcus) (Entered: 11/13/2013)

ATTORNEY Appearance for Defendant Nest Labs, Inc. by Gregory S. Arovas (Arovas, Gregory) (Entered: 11/13/2013)

ATTORNEY Appearance for Defendant Nest Labs, Inc. by Reid P. Huefner (Huefner, Reid) (Entered: 11/13/2013)

ATTORNEY Appearance for Defendant Nest Labs, Inc. by David Rokach (Rokach, David) (Entered: 11/13/2013)

ATTORNEY Appearance for Defendant Nest Labs, Inc. by Louis Anding Klapp, III (Klapp, Louis) (Entered: 11/13/2013)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nest Labs, Inc. (Sernel, Marcus) (Entered: 11/13/2013)

MOTION by Defendant Nest Labs, Inc. to seal Defendant's Motion for Leave to File an Unredacted Version of Its Opposition to Plaintiff's Motion for a Preliminary Injunction (Sernel, Marcus) (Entered: 11/13/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion to seal 31 before Honorable Virginia M. Kendall on 11/19/2013 at 09:00 AM. (Sernel, Marcus) (Entered: 11/13/2013)

Exhibit by Nest Labs, Inc. Continued Exhibit 44 to Nest Labs, Inc.'s Opposition to BRK Brands, Inc.'s Motion for a Preliminary Injunction [Dkt. 30] (Sernel, Marcus) (Entered: 11/13/2013)

SEALED DOCUMENT by Plaintiff BRK Brands, Inc. Sealed Declaration of Mark Devine In Support of BRK's Motion for a Preliminary Injunction (Murthy, Sanjay) (Entered: 11/13/2013)

MINUTE entry before Honorable Virginia M. Kendall:Motion to seal 31 is reset for 11/20/2013 at 09:00 AM. Status hearing reset for 11/20/2013 at 09:00 AM. Per telephonic request of the parties.Telephone notice (tsa, ) (Entered: 11/15/2013)

STATUS Report Initial Status Report for Cases Newly Filed by BRK Brands, Inc. (Murthy, Sanjay) (Entered: 11/18/2013)

MOTION by Defendant Nest Labs, Inc. for extension of time to file answer regarding complaint, 1 Unopposed Motion by Nest Labs, Inc. for Extension of Time to Answer or Otherwise Plead (Sernel, Marcus) (Entered: 11/21/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion for extension of time to file answer, motion for relief 40 before Honorable Virginia M. Kendall on 11/26/2013 at 09:00 AM. (Sernel, Marcus) (Entered: 11/21/2013)

MOTION by Plaintiff BRK Brands, Inc. for leave to file Exhibits to Its First Amended Complaint Under Seal (Murthy, Sanjay) (Entered: 11/25/2013)

NOTICE of Motion by Sanjay K. Murthy for presentment of motion for leave to file 43 before Honorable Virginia M. Kendall on 12/2/2013 at 09:00 AM. (Murthy, Sanjay) (Entered: 11/25/2013)

MINUTE entry before the Honorable Virginia M. Kendall: MOTION by Plaintiff BRK Brands, Inc. for leave to file Exhibits to Its First Amended Complaint Under Seal 43 is granted. Mailed notice (tsa, ) (Entered: 12/02/2013)

SEALED EXHIBIT by Plaintiff BRK Brands, Inc. SEALED EXHIBIT I TO FIRST AMENDED COMPLAINT regarding amended complaint, 42 (Murthy, Sanjay) (Entered: 12/03/2013)

SEALED EXHIBIT by Plaintiff BRK Brands, Inc. SEALED EXHIBIT J TO FIRST AMENDED COMPLAINT regarding amended complaint, 42 (Murthy, Sanjay) (Entered: 12/03/2013)

MOTION by Defendant Nest Labs, Inc. to amend/correct Joint Motion to Amend the Preliminary Injunction Briefing Schedule (Sernel, Marcus) (Entered: 12/06/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion to amend/correct 49 before Honorable Virginia M. Kendall on 12/12/2013 at 09:00 AM. (Sernel, Marcus) (Entered: 12/06/2013)

MINUTE entry before the Honorable Virginia M. Kendall:Motion to amend/correct 49 motion for summary judgment is entered and continued to 12/19/2013 at 09:00 AM.Mailed notice (tsa, ) (Entered: 12/09/2013)

REPLY by Plaintiff BRK Brands, Inc. to motion for preliminary injunction 6 (Murthy, Sanjay) (Entered: 12/09/2013)

DECLARATION of Richard A. Blanchard, Ph.D. regarding reply 52 (Attachments: # 1 Exhibit 1 to Blanchard Declaration)(Murthy, Sanjay) (Entered: 12/09/2013)

DECLARATION of Mark Devine regarding reply 52 (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 I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Murthy, Sanjay) (Entered: 12/09/2013)

MOTION by Plaintiff BRK Brands, Inc. for leave to file Reply In Support of Preliminary Injunction and Declarations In Support Under Seal (Murthy, Sanjay) (Entered: 12/09/2013)

NOTICE of Motion by Sanjay K. Murthy for presentment of motion for leave to file 56 before Honorable Virginia M. Kendall on 12/19/2013 at 09:00 AM. (Murthy, Sanjay) (Entered: 12/09/2013)

MINUTE entry before the Honorable Virginia M. Kendall: MOTION by Defendant Nest Labs, Inc. to amend/correct Joint Motion to Amend the Preliminary Injunction Briefing Schedule 49 is granted.Mailed notice (tsa, ) (Entered: 12/18/2013)

SEALED REPLY by BRK Brands, Inc. to MOTION by Plaintiff BRK Brands, Inc. for preliminary injunction 6 (Murthy, Sanjay) (Entered: 12/23/2013)

MOTION by Defendant Nest Labs, Inc. to seal Defendants' Unopposed Motion for Leave to File an Unredacted Version of Its Response to New Evidence and Argument in BRK's Reply in Support of Its Motion for Preliminary Injunction Under Seal (Sernel, Marcus) (Entered: 12/23/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion to seal, 65 before Honorable Virginia M. Kendall on 1/7/2014 at 09:45 AM. (Sernel, Marcus) (Entered: 12/23/2013)

MOTION by Defendant Nest Labs, Inc. to dismiss Nest Labs, Inc.'s Motion to Dismiss Due to Lack of Standing and Other Defects (Sernel, Marcus) (Entered: 12/26/2013)

MEMORANDUM by Nest Labs, Inc. in support of motion to dismiss 67 Nest Labs, Inc.'s Memorandum in Support of Its Motion to Dismiss Due to Lack of Standing and Other Defects [Redacted-Public Version] (Sernel, Marcus) (Entered: 12/26/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion to dismiss 67 before Honorable Virginia M. Kendall on 1/7/2014 at 09:45 AM. (Sernel, Marcus) (Entered: 12/26/2013)

MOTION by Defendant Nest Labs, Inc. to seal Defendant's Unopposed Motion for Leave to File an Unredacted Version of Nest Labs, Inc.'s Memorandum in Support of Its Motion to Dismiss Due to Lack of Standing and Other Defects (Sernel, Marcus) (Entered: 12/26/2013)

NOTICE of Motion by Marcus Edward Sernel for presentment of motion to seal, 70 before Honorable Virginia M. Kendall on 1/7/2014 at 09:45 AM. (Sernel, Marcus) (Entered: 12/26/2013)

MINUTE entry before the Honorable Virginia M. Kendall: Defendant's Unopposed Motion for Leave to File an Unredacted Version of its Response 70 is granted. Hearing on this motion set for 1/7/14 is stricken. Mailed notice (ep, ) (Entered: 12/27/2013)

Gary J Morris, Ph.D.

BRK Brands, Inc.

Nest Labs, Inc.