CXT Systems, Inc. v. General Nutrition Corporation

2:19-cv-00271

Overview

Case Number 2:19-cv-00271

Filing Date 2019-08-08

Status Litigation filed

Court District Court, E.D. Texas (txed)

Presiding Judge Rodney Gilstrap

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 28:1338 Patent Infringement

Jury Demand Both

Parties

Consol Defendant

Steven Madden, Ltd.

Represented By

3 Attorneys Listed

Rodeen Talebi

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Neil J McNabnay

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Ricardo Joel Bonilla

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5071

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

The Neiman Marcus Group LLC

Represented By

3 Attorneys Listed

The Neiman Marcus Group LLC

PRO SE

Rodeen Talebi

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Ricardo Joel Bonilla

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5071

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Neiman Marcus Group Ltd. LLC

Represented By

4 Attorneys Listed

Melissa Richards Smith

Gillam & Smith, LLP

Tel: +1 (903) 934-8450

Fax: +1 (903) 934-9257

303 South Washington Avenue, Marshall, TX 75670

Harper S Batts

Sheppard, Mullin, Richter & Hampton LLP - Palo Alto

Tel: +1 (650) 815-2673

Fax: +1 (650) 815-2601

379 Lytton Ave, Palo Alto, CA 94301-1479

Christopher Scott Ponder

Sheppard, Mullin, Richter & Hampton LLP - Palo Alto

Tel: +1 (650) 815-2676

Fax: +1 (650) 815-2601

379 Lytton Ave, Palo Alto, CA 94301-1479

Rodeen Talebi

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Defendant

General Nutrition Corporation

Represented By

3 Attorneys Listed

Rodeen Talebi

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Neil J McNabnay

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Ricardo Joel Bonilla

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5071

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Plaintiff

CXT Systems, Inc.

Represented By

5 Attorneys Listed

Alfred Ross Fabricant

Fabricant LLP - NY

Tel: +1 (212) 257-5797

Fax: +1 (212) 257-5796

230 Park Avenue, 3rd Floor W.

Vincent J Rubino , III

Fabricant LLP - NY

Tel: +1 (212) 257-5797

Fax: +1 (212) 257-5796

230 Park Avenue, 3rd Floor W.

Shahar Harel

Brown Rudnick, LLP - New York

Tel: +1 (212) 209-4800

Fax: +1 (212) 209-4801

Seven Times Square 47th Floor, New York, NY 10036

Peter Lambrianakos

Fabricant LLP - NY

Tel: +1 (646) 797-4353

Fax: +1 (212) 257-5796

230 Park Avenue, 3rd Floor W.

Jacob Daniel Ostling

Fabricant LLP - NY

Tel: +1 (212) 257-5797

Fax: +1 (212) 257-5796

230 Park Avenue, 3rd Floor W.

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Rodney Gilstrap

Patents Involved

6 Patents

There are 6 patents involved in this case.

Application Number	Patent Number	External Links
-	US6493703	Espacenet Google Patents
-	US6571234	Espacenet Google Patents
-	USRE45661	Espacenet Google Patents
-	US7016875	Espacenet Google Patents
-	US7257581	Espacenet Google Patents
-	US8260806	Espacenet Google Patents

Docket Entries

COMPLAINT FOR PATENT INFRINGEMENT against General Nutrition Corporation ( Filing fee $ 400 receipt number 0540-7383960.), filed by CXT Systems, Inc.. (Attachments: # 1 Exhibit A - U.S. Patent No. 6,493,703, # 2 Exhibit B - U.S. Patent No. 6,571,234, # 3 Exhibit C - U.S. Patent No. RE45,661, # 4 Exhibit D - U.S. Patent No. 7,016,875, # 5 Exhibit E - U.S. Patent No. 7,257,581, # 6 Exhibit F - U.S. Patent No. 8,260,806, # 7 Civil Cover Sheet)(Fabricant, Alfred) (Entered: 08/08/2019)

2019-08-08

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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fabricant, Alfred) (Entered: 08/08/2019)

2019-08-08

View

CORPORATE DISCLOSURE STATEMENT filed by CXT Systems, Inc. identifying Corporate Parent Quest Patent Research Corporation for CXT Systems, Inc.. (Fabricant, Alfred) (Entered: 08/08/2019)

2019-08-08

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NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of CXT Systems, Inc. (Fabricant, Alfred) (Entered: 08/08/2019)

2019-08-08

View

CXT Systems, Inc. v. General Nutrition Corporation

Overview

Parties

Consol Defendant

Steven Madden, Ltd. Follow

Represented By

The Neiman Marcus Group LLC Follow

Represented By

Neiman Marcus Group Ltd. LLC Follow

Represented By

Defendant

General Nutrition Corporation Follow

Represented By

Plaintiff

CXT Systems, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Fabricant, Alfred) (Entered: 08/08/2019)

CORPORATE DISCLOSURE STATEMENT filed by CXT Systems, Inc. identifying Corporate Parent Quest Patent Research Corporation for CXT Systems, Inc.. (Fabricant, Alfred) (Entered: 08/08/2019)

NOTICE of Attorney Appearance by Alfred Ross Fabricant on behalf of CXT Systems, Inc. (Fabricant, Alfred) (Entered: 08/08/2019)

NOTICE of Attorney Appearance by Peter Lambrianakos on behalf of CXT Systems, Inc. (Lambrianakos, Peter) (Entered: 08/08/2019)

NOTICE of Attorney Appearance by Vincent J Rubino, III on behalf of CXT Systems, Inc. (Rubino, Vincent) (Entered: 08/08/2019)

NOTICE of Attorney Appearance by Shahar Harel on behalf of CXT Systems, Inc. (Harel, Shahar) (Entered: 08/08/2019)

Notice of Magistrate Availability

Case Assigned/Reassigned

Case assigned to District Judge Robert W. Schroeder, III and Magistrate Judge Roy S. Payne for pretrial (ch, )

SUMMONS Issued as to General Nutrition Corporation. (nkl, ) (Entered: 08/09/2019)

Case Reassigned to District Judge Rodney Gilstrap. District Judge Robert W. Schroeder, III no longer assigned to the case. General Order No. 19-09 (nkl, )

Case Assigned/Reassigned

SUMMONS Returned Executed by CXT Systems, Inc.. General Nutrition Corporation served on 8/12/2019, answer due 9/2/2019. (Fabricant, Alfred) (Entered: 08/13/2019)

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re General Nutrition Corporation (McNabnay, Neil) (Entered: 08/29/2019)

Defendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for General Nutrition Corporation to 10/2/2019. 30 Days Granted for Deadline Extension.( ch, )

Application Granted for Extension of Time to Answer Complaint

NOTICE of Attorney Appearance by Jacob Daniel Ostling on behalf of CXT Systems, Inc. (Ostling, Jacob) (Entered: 09/20/2019)

Scheduling Conference

NOTICE of Attorney Appearance by Ricardo Joel Bonilla on behalf of General Nutrition Corporation (Bonilla, Ricardo) (Entered: 10/02/2019)

NOTICE of Attorney Appearance by Rodeen Talebi on behalf of General Nutrition Corporation (Talebi, Rodeen) (Entered: 10/02/2019)

ANSWER to 1 Complaint, GNC'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT FOR PATENT INFRINGEMENT, COUNTERCLAIM against CXT Systems, Inc. by General Nutrition Corporation.(Talebi, Rodeen) (Entered: 10/02/2019)

CORPORATE DISCLOSURE STATEMENT filed by General Nutrition Corporation identifying Corporate Parent GNC Holdings, Inc. for General Nutrition Corporation, General Nutrition Corporation. (Talebi, Rodeen) (Entered: 10/02/2019)

Notice of Magistrate Availability

Unopposed MOTION to Withdraw as Attorney and to Terminate Electronic Notices Relative to Shahar Harel by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 10/07/2019)

ORDER granting 16 Unopposed MOTION to Withdraw as Attorney and to Terminate Electronic Notices Relative to Shahar Harel. Signed by Magistrate Judge Roy S. Payne on 10/8/2019. (ch, ) (Entered: 10/09/2019)

Joint MOTION for Entry of Agreed Docket Control Order by CXT Systems, Inc.. (Attachments: # 1 Exhibit Proposed Docket Control Order)(Fabricant, Alfred) (Entered: 10/11/2019)

Joint MOTION for Entry of Agreed Discovery Order by CXT Systems, Inc.. (Attachments: # 1 Exhibit Proposed Discovery Order)(Fabricant, Alfred) (Entered: 10/11/2019)

DISCOVERY ORDER granting 19 Joint MOTION for Entry of Agreed Discovery Order. Signed by Magistrate Judge Roy S. Payne on 10/18/2019. (ch, ) (Entered: 10/18/2019)

ORDER granting 18 Joint MOTION for Entry of Agreed Docket Control Order. Signed by Magistrate Judge Roy S. Payne on 10/21/2019. (ch, ) (Entered: 10/21/2019)

Set/Reset Scheduling Order Deadlines

Set/Reset Hearings

Plaintiff/Counterclaim-Defendant CXT Systems, Inc.'s ANSWER to 14 Answer to Complaint,, Counterclaim, of Defendant/Counterclaim-Plaintiff General Nutrition Corporation by CXT Systems, Inc..(Fabricant, Alfred) (Entered: 10/23/2019)

Joint MOTION for Protective Order by CXT Systems, Inc.. (Attachments: # 1 Exhibit Proposed Protective Order)(Fabricant, Alfred) (Entered: 10/25/2019)

PROTECTIVE ORDER 23 Joint MOTION for Protective Order. Signed by Magistrate Judge Roy S. Payne on 10/28/2019. (ch, ) (Entered: 10/28/2019)

Joint MOTION Entry of Agreed E-Discovery Order by CXT Systems, Inc.. (Attachments: # 1 Exhibit A - Proposed E-Discovery Order)(Fabricant, Alfred) (Entered: 01/03/2020)

E-DISCOVERY ORDER granting 25 Joint MOTION Entry of Agreed E-Discovery Order. Signed by Magistrate Judge Roy S. Payne on 1/6/2020. (ch, ) (Entered: 01/07/2020)

Joint MOTION for Partial Stay of Deadlines and Notice of Settlement Regarding Counts I, II, and III of Plaintiff's Complaint by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 01/22/2020)

ORDER granting 27 Joint MOTION for Partial Stay of Deadlines and Notice of Settlement Regarding Counts I, II, and III of Plaintiff's Complaint. Signed by Magistrate Judge Roy S. Payne on 1/22/2020. (ch, ) (Entered: 01/23/2020)

Joint MOTION to Dismiss with Prejudice Counts I, II and III of Plaintiff's Complaint by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 02/03/2020)

ORDER granting 29 Joint MOTION to Dismiss with Prejudice Counts I, II and III of Plaintiff's Complaint. Signed by Magistrate Judge Roy S. Payne on 2/4/2020. (ch, ) (Entered: 02/04/2020)

Unopposed MOTION to Amend/Correct 21 Order on Motion for Miscellaneous Relief Docket Control Order by General Nutrition Corporation. (McNabnay, Neil) (Additional attachment(s) added on 3/4/2020: # 1 Text of Proposed Order) (nkl, ). (Entered: 03/03/2020)

FIRST AMENDED DOCKET CONTROL ORDER granting 31 Unopposed MOTION to Amend/Correct 21 Order on Motion for Miscellaneous Relief Docket Control Order. Signed by Magistrate Judge Roy S. Payne on 3/8/2020. (ch, ) (Entered: 03/09/2020)

Set/Reset Scheduling Order Deadlines

Set/Reset Hearings

Unopposed MOTION to Withdraw as Attorney by Neiman Marcus Group Ltd. LLC, The Neiman Marcus Group LLC. (Attachments: # 1 Text of Proposed Order)(Talebi, Rodeen) (Entered: 03/12/2020)

ORDER granting 34 Motion to Withdraw as Attorney. Attorney Ricardo Joel Bonilla and Rodeen Talebi and Neil J McNabnay terminated. Signed by Magistrate Judge Roy S. Payne on 3/12/2020. (ch, ) (Entered: 03/12/2020)

Unopposed MOTION to Amend/Correct 32 Order on Motion to Amend/Correct by Steven Madden, Ltd.. (Attachments: # 1 Text of Proposed Order)(McNabnay, Neil) (Entered: 03/13/2020)

SECOND AMENDED DOCKET CONTROL ORDER granting 36 Unopposed MOTION to Amend/Correct 32 Order on Motion to Amend/Correct. Signed by Magistrate Judge Roy S. Payne on 3/16/2020. (ch, ) (Entered: 03/16/2020)

NOTICE of Attorney Appearance by Harper S Batts on behalf of Neiman Marcus Group Ltd. LLC (Batts, Harper) (Entered: 03/18/2020)

NOTICE of Attorney Appearance by Christopher Scott Ponder on behalf of Neiman Marcus Group Ltd. LLC (Ponder, Christopher) (Entered: 03/18/2020)

Unopposed MOTION to Amend/Correct 37 Order on Motion to Amend/Correct by General Nutrition Corporation, Neiman Marcus Group Ltd. LLC, Steven Madden, Ltd., The Neiman Marcus Group LLC. (Attachments: # 1 Text of Proposed Order)(Talebi, Rodeen) (Entered: 03/20/2020)

Joint MOTION for Partial Stay of Deadlines and Notice of Settlement Regarding Counts I, II, and III of Plaintiff's Complaint as to Steven Madden by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 03/24/2020)

Joint MOTION to Stay All Deadlines and Notice of Settlement as to General Nutrition Corporation by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 03/24/2020)

ORDER granting 42 Joint MOTION for Partial Stay of Deadlines and Notice of Settlement Regarding Counts I, II, and III of Plaintiff's Complaint as to Steven Madden. Signed by Magistrate Judge Roy S. Payne on 3/26/2020. (ch, ) (Entered: 03/26/2020)

ORDER granting 43 Joint Motion to Stay all Deadlines and Notice of Settlement. ORDERED that all unreached deadlines in the Courts Third Amended Docket Control Order (Dkt. No. 41) regarding GNC be stayed for 30 days. Signed by Magistrate Judge Roy S. Payne on 3/26/2020. (ch, ) (Entered: 03/26/2020)

Joint MOTION to Dismiss with Prejudice Plaintiff's Complaint as to General Nutrition Corporation by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 03/30/2020)

Joint MOTION to Dismiss with Prejudice Counts I, II, and III of Plaintiff's Complaint as to Steven Madden, Ltd. by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 03/30/2020)

Joint 4-3 Claim Construction and Prehearing Statement by CXT Systems, Inc.. (Attachments: # 1 Exhibit A - Parties' Agreed Terms, # 2 Exhibit B - Plaintiff's Proposed Constructions, # 3 Exhibit C - Defendants' Identification of Evidence)(Fabricant, Alfred) (Entered: 03/31/2020)

Joint MOTION to Stay All Deadlines and Notice of Settlement as to Steven Madden, Ltd. by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order)(Fabricant, Alfred) (Entered: 05/04/2020)

Joint MOTION to Amend Docket Control Order by CXT Systems, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Amended Docket Control Order)(Fabricant, Alfred) (Entered: 05/04/2020)

FOURTH AMENDED DOCKET CONTROL ORDER granting 52 Joint MOTION to Amend Docket Control Order. Signed by Magistrate Judge Roy S. Payne on 5/5/2020. (ch, ) (Entered: 05/05/2020)

Steven Madden, Ltd.

The Neiman Marcus Group LLC

Neiman Marcus Group Ltd. LLC

General Nutrition Corporation

CXT Systems, Inc.