Chewy, Inc. v. IBM

Overview

Case Number 22-1756

Filing Date 2022-05-05

Status Terminated

Termination Date 2024-03-05

Court Court of Appeals for the Federal Circuit (cafc)

Nature of Suit 830 Patent Infringement (Fed. Qst.)

Cause of Action 35:271 Patent Infringement

Parties

CHEWY, INC.

3 Attorneys Listed

Greenberg Traurig LLP

31st Floor, One Vanderbilt Avenue

Greenberg Traurig LLP

One Vanderbilt Avenue, New York, NY 10017

Greenberg Traurig LLP

One Vanderbilt Avenue, New York, NY 10017

INTERNATIONAL BUSINESS MACHINES CORPORATION

3 Attorneys Listed

Desmarais LLP

26 Floor, 230 Park Avenue

Desmarais LLP

230 Park Avenue, New York, NY 10169

Desmarais LLP

26th Floor, 230 Park Avenue

Court of Appeals for the Federal Circuit (cafc)

Patents Involved

No asserted patent numbers detected in initial docket filings yet.

Docket Entries

Chewy, Inc. v. IBM

Overview

Parties

Plaintiff - Appellee

CHEWY, INC. Follow

Represented By

Defendant - Appellant

INTERNATIONAL BUSINESS MACHINES CORPORATION Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Appeal docketed. Received: 04/29/2022. [847736]Entry of Appearance is due on 05/19/2022. Certificate of Interest is due on 05/19/2022. Docketing Statement is due on 05/19/2022. Appellant's brief is due on 07/05/2022. [ALK] [Entered: 05/05/2022 10:58 AM]

Entry of appearance for Karim Z. Oussayef; John M. Desmarais; Tamir Packin as counsel for Appellant IBM. Service: 05/13/2022 by email. [849758] [22-1756] [Karim Oussayef] [Entered: 05/13/2022 03:19 PM]

Certificate of Interest for Appellant IBM. Service: 05/13/2022 by email. [849760] [22-1756] [Karim Oussayef] [Entered: 05/13/2022 03:20 PM]

Docketing Statement for the Appellant IBM. Service: 05/19/2022 by email. [850644] [22-1756] [Karim Oussayef] [Entered: 05/19/2022 10:23 AM]

Entry of appearance for Joshua Lee Raskin; Allan A. Kassenoff; Julie P. Bookbinder as counsel for Appellee Chewy, Inc.. Service: 05/19/2022 by email. [850816] [22-1756] This document is non-compliant. See Doc No. [8]. [Joshua Raskin] [Entered: 05/19/2022 06:31 PM]

Docketing Statement for the Appellee Chewy, Inc.. Service: 05/19/2022 by email. [850817] [22-1756] [Joshua Raskin] [Entered: 05/19/2022 06:32 PM]

Certificate of Interest for Appellee Chewy, Inc.. Service: 05/19/2022 by email. [850818] [22-1756] [Joshua Raskin] [Entered: 05/19/2022 06:33 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellee Chewy, Inc., Entry of Appearance [5], is not in compliance with the rules of this court (see attached). Compliant document due on 05/27/2022. Service as of this date by the Clerk of Court. [850969] [ALK] [Entered: 05/20/2022 12:09 PM]

Corrected Entry of appearance for Joshua Lee Raskin; Allan A. Kassenoff; Julie P. Bookbinder as counsel for Appellee Chewy, Inc.. Service: 05/20/2022 by email. [850998] [22-1756] [Joshua Raskin] [Entered: 05/20/2022 01:51 PM]

MOTION of Appellant IBM to extend the time to 07/19/2022 to file brief. Service: 06/07/2022 by email. [854156] [22-1756] [Karim Oussayef] [Entered: 06/07/2022 05:20 PM]

MOTION of Appellant IBM to extend the time to 08/18/2022 to file brief. Service: 06/30/2022 by email. [858417] [22-1756] [Karim Oussayef] [Entered: 06/30/2022 10:51 AM]

MOTION of Appellee Chewy, Inc. to extend the time to 11/17/2022 to file brief. Service: 08/29/2022 by email. [868612] [22-1756] [Joshua Raskin] [Entered: 08/29/2022 11:07 AM]

MODIFIED ENTRY: RESPONSE BRIEF FILED by Appellee Chewy, Inc. Service: 11/17/2022 by email. [884856] --[Edited 12/01/2022 by ALK - compliance review complete] [Joshua Raskin] [Entered: 11/17/2022 08:03 PM]

MOTION of Appellant IBM to extend the time to 12/22/2022 to file brief. Service: 11/18/2022 by email. [885108] [22-1756] [Karim Oussayef] [Entered: 11/18/2022 03:15 PM]

MOTION of Appellant IBM to extend the time to 01/05/2023 to file the appendix. Service: 12/20/2022 by email. [891807] [22-1756] [Karim Oussayef] [Entered: 12/20/2022 12:21 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellant IBM. Service: 12/29/2022 by email. [893729] [22-1756] [Karim Oussayef] [Entered: 12/29/2022 11:01 PM]

Certificate of Compliance with Fed. Cir. R. 25.1(c)(2) for Appellee Chewy, Inc.. Service: 12/29/2022 by email. [893730] [22-1756] [Joshua Raskin] [Entered: 12/29/2022 11:07 PM]

CONFIDENTIAL APPENDIX FILED by Appellant IBM. Service: 12/29/2022 by email. [893731] [22-1756] This document is non-compliant. See Doc No. [27]. [Karim Oussayef] [Entered: 12/29/2022 11:19 PM]

APPENDIX FILED by Appellant IBM. Service: 12/29/2022 by email. [893732] [22-1756] This document is non-compliant. See Doc No. [27]. [Karim Oussayef] [Entered: 12/29/2022 11:23 PM]

ORDER denying as moot motion to extend time to file appendix [20] filed by Appellant IBM. Service as of this date by the Clerk of Court. [894152] [LMS] [Entered: 01/03/2023 01:12 PM]

MODIFIED ENTRY: CORRECTED APPENDIX FILED by Appellant IBM. Service: 01/20/2023 by email. [898504] --[Edited 01/31/2023 by ALK - compliance review complete]--[Edited 01/31/2023 by ALK to correct docket text] [Karim Oussayef] [Entered: 01/20/2023 08:10 PM]

MODIFIED ENTRY: CORRECTED CONFIDENTIAL APPENDIX FILED by Appellant IBM. Service: 01/20/2023 by email. [898506]--[Edited 01/31/2023 by ALK - compliance review complete] [Karim Oussayef] [Entered: 01/20/2023 08:33 PM]

Outstanding paper copies of all briefs and appendices must be submitted within five business days from the date of issuance of this notice. See Fed. Cir. R. 25(c)(3)(A). [900955] [ALK] [Entered: 01/31/2023 02:56 PM]

Notice from Appellee Chewy, Inc. regarding conflicts with oral argument. Service: 01/31/2023 by email. [901050] [22-1756] [Joshua Raskin] [Entered: 01/31/2023 05:19 PM]

Notice from Appellant IBM regarding conflicts with oral argument. Service: 02/01/2023 by email. [901359] [22-1756] [Karim Oussayef] [Entered: 02/01/2023 03:43 PM]

The following conflict date submitted by Joshua Lee Raskin for Chewy, Inc. has been accepted by the court: 04/04/2023. [901508] [MJL] [Entered: 02/02/2023 10:17 AM]

The following conflict date submitted by Karim Zeddam Oussayef for IBM has been accepted by the court: 04/04/2023. [901509] [MJL] [Entered: 02/02/2023 10:18 AM]

6 paper copies of Doc. No. [17] received from Appellee Chewy, Inc.. [902652] [VDW] [Entered: 02/07/2023 04:05 PM]

6 paper copies of Doc. No. [29], [21], [14] received from Appellant IBM. [903266] [VDW] [Entered: 02/09/2023 03:37 PM]

MOTION of Appellee Chewy, Inc. to withdraw counsel Allan A. Kassenoff. Service: 06/16/2023 by email. [930788] [22-1756] [Joshua Raskin] [Entered: 06/16/2023 06:03 PM]

**TEXT ONLY** ORDER granting motion to withdraw attorney Allan A. Kassenoff [39] filed by Appellee Chewy, Inc. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [930901] [ALK] [Entered: 06/20/2023 10:49 AM]

Notice from Appellant IBM regarding conflicts with oral argument. Service: 08/18/2023 by email. [944372] [22-1756] [Karim Oussayef] [Entered: 08/18/2023 05:02 PM]

The following conflict dates submitted by Karim Zeddam Oussayef for IBM have been accepted by the court: 11/06/2023, 11/07/2023. [944394] [MJL] [Entered: 08/21/2023 08:36 AM]

Response to notice of oral argument from Appellant IBM. Service: 09/05/2023 by email. [947557] [22-1756] [Karim Oussayef] [Entered: 09/05/2023 11:38 AM]

Response to notice of oral argument from Appellee Chewy, Inc.. Service: 09/05/2023 by email. [947643] [22-1756] [Joshua Raskin] [Entered: 09/05/2023 01:48 PM]

MODIFIED ENTRY: Citation of Supplemental Authority pursuant to Fed. R. App. P. 28(j) for Appellee Chewy, Inc.. Service: 09/12/2023 by email. [949585]--[Edited 09/13/2023 by MVH - Reason: to correct filing event] [Joshua Raskin] [Entered: 09/12/2023 06:09 PM]

RESPONSE of Appellant IBM to Doc No. [46]. Service: 09/14/2023 by email. [950047] [22-1756] [Karim Oussayef] [Entered: 09/14/2023 02:12 PM]

Clerk's letter to the parties regarding oral argument in Atlanta, GA. Service as of this date by the Clerk of Court. [950191] [MJL] [Entered: 09/15/2023 10:01 AM]

Amended Certificate of Interest for Appellant IBM. Service: 10/02/2023 by email. [953844] [22-1756] [Karim Oussayef] [Entered: 10/03/2023 12:00 AM]

Notice of Related Case Information for Appellant IBM. Service: 10/03/2023 by email. [953845] [22-1756] [Karim Oussayef] [Entered: 10/03/2023 12:02 AM]

Entry of Appearance for Vimal Kapadia as counsel for Appellee Chewy, Inc.. Service: 10/03/2023 by email. [954063] [22-1756]. This document is non-compliant. See. Doc. No. [53] [Vimal Kapadia] [Entered: 10/03/2023 01:29 PM]

NOTICE OF NON-COMPLIANCE: The submission of Appellee Chewy, Inc., Entry of Appearance [52], is not in compliance with the rules of this court (see attached). Compliant document due on 10/11/2023. Service as of this date by the Clerk of Court. [954118] [MVH] [Entered: 10/03/2023 02:58 PM]

Submitted after ORAL ARGUMENT to Panel: Moore, Chief Judge; Stoll, Circuit Judge and Cunningham, Circuit Judge.Arguing counsel: Karim Zeddam Oussayef for IBM and Joshua Lee Raskin for Chewy, Inc.Oral Argument Audio available here. [954484] [MJL] [Entered: 10/04/2023 04:23 PM]

MOTION of Appellee Chewy, Inc. for leave to file entry of appearance for Vimal Kapadia. Service: 10/11/2023 by email. [955713] [22-1756] [Joshua Raskin] [Entered: 10/11/2023 06:09 PM]

Certificate of Interest for Appellee Chewy, Inc.. Service: 10/11/2023 by email. [955715] [22-1756] [Joshua Raskin] [Entered: 10/11/2023 06:16 PM]

Notice of Related Case Information for Appellee Chewy, Inc.. Service: 10/11/2023 by email. [955718] [22-1756] [Joshua Raskin] [Entered: 10/11/2023 06:17 PM]

ORDER filed granting motion for leave for Vimal Kapadia to appear as counsel [55] filed by Appellee Chewy, Inc. By: Merits Panel (Per Curiam). Service as of this date by the Clerk of Court. [956038] [MVH] [Entered: 10/12/2023 04:47 PM]

Entry of Appearance for Vimal Kapadia as counsel for Appellee Chewy, Inc. Service: 10/11/2023 by email. [956039] [MVH] [Entered: 10/12/2023 04:48 PM]

OPINION filed for the court by Moore, Chief Judge; Stoll, Circuit Judge and Cunningham, Circuit Judge. Precedential Opinion. Service as of this date by the Clerk of Court. [988296] [MVH] [Entered: 03/05/2024 10:24 AM]

Mandate issued to the United States District Court for the Southern District of New York. Service as of this date by the Clerk of Court. [996664] [MVH] [Entered: 04/11/2024 09:59 AM]

Track Case Updates

CHEWY, INC.

INTERNATIONAL BUSINESS MACHINES CORPORATION

TEXT ONLY ORDER granting motion to withdraw attorney Allan A. Kassenoff [39] filed by Appellee Chewy, Inc. Service as of this date by the Clerk of Court. This order has been issued without an attached document and is official and binding. [930901] [ALK] [Entered: 06/20/2023 10:49 AM]