ecobee Technologies ULC v. EcoFactor, Inc.

COMPLAINT for Declaratory Judgment against EcoFactor, Inc. Filing fee: $ 402, receipt number AMADC-9137427 (Fee Status: Filing Fee paid), filed by ecobee Technologies ULC d/b/a ecobee. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Civil Cover Sheet, # 16 Category Form)(Furey, Jennifer) (Entered: 01/13/2022)

2022-01-13

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REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Furey, Jennifer) (Entered: 01/13/2022)

2022-01-13

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CORPORATE DISCLOSURE STATEMENT by ecobee Technologies ULC d/b/a ecobee identifying Corporate Parent Generac Holdings Inc. for ecobee Technologies ULC d/b/a ecobee.. (Furey, Jennifer) (Entered: 01/13/2022)

2022-01-13

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ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 01/14/2022)

2022-01-14

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Summons Issued as to EcoFactor, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (de Oliveira, Flaviana) (Entered: 01/14/2022)

2022-01-14

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Notice of Case Assignment

2022-01-14

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Catherine N. Taylor Filing fee: $ 100, receipt number AMADC-9153086 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

2022-01-25

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Daniel A. Apgar Filing fee: $ 100, receipt number AMADC-9153113 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

2022-01-25

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Manny J. Caixeiro Filing fee: $ 100, receipt number AMADC-9153141 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

2022-01-25

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Megan S. Woodworth Filing fee: $ 100, receipt number AMADC-9153154 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

2022-01-25

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Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Timothy J. Carroll Filing fee: $ 100, receipt number AMADC-9153160 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

2022-01-25

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AFFIDAVIT OF SERVICE Executed by ecobee Technologies ULC. EcoFactor, Inc. served on 1/21/2022, answer due 2/11/2022. Acknowledgement filed by ecobee Technologies ULC. (Furey, Jennifer) (Entered: 01/26/2022)

2022-01-26

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NOTICE of Appearance by David S. Godkin on behalf of EcoFactor, Inc. (Godkin, David) (Entered: 01/28/2022)

2022-01-28

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NOTICE of Appearance by James E. Kruzer on behalf of EcoFactor, Inc. (Kruzer, James) (Entered: 01/28/2022)

2022-01-28

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MOTION for Leave to Appear Pro Hac Vice for admission of Reza Mirzaie and Kristopher Davis Filing fee: $ 200, receipt number AMADC-9158785 by EcoFactor, Inc.. (Attachments: # 1 Certificate, # 2 Certificate)(Kruzer, James) Modified docket text on 1/31/2022 to add attorneys names seeking admission. (Geraldino-Karasek, Clarilde). (Entered: 01/28/2022)

2022-01-28

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Catherine N. Taylor. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Geraldino-Karasek, Clarilde) (Entered: 01/31/2022)

2022-01-31

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Daniel A. Apgar. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 01/31/2022)

2022-01-31

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Manny J. Caixeiro. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 01/31/2022)

2022-01-31

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Order on Motion for Leave to Appear

2022-01-31

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Megan S. Woodworth. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 02/01/2022)

2022-02-01

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Timothy J. Carroll. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 02/01/2022)

2022-02-01

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 14 Motion for Leave to Appear Pro Hac Vice Added Reza Mirzaie and Kristopher Davis. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Geraldino-Karasek, Clarilde) (Entered: 02/01/2022)

2022-02-01

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Order on Motion for Leave to Appear

2022-02-01

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NOTICE of Appearance by Timothy J. Carroll on behalf of ecobee Technologies ULC (Carroll, Timothy) (Entered: 02/02/2022)

2022-02-02

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NOTICE of Appearance by Reza Mirzaie on behalf of EcoFactor, Inc. (Mirzaie, Reza) (Entered: 02/05/2022)

2022-02-05

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NOTICE of Appearance by Kristopher R. Davis on behalf of EcoFactor, Inc. (Davis, Kristopher) (Entered: 02/05/2022)

2022-02-05

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NOTICE of Appearance by Manny Caixeiro on behalf of ecobee Technologies ULC (Caixeiro, Manny) (Entered: 02/07/2022)

2022-02-07

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NOTICE of Appearance by Catherine N Taylor on behalf of ecobee Technologies ULC (Taylor, Catherine) (Entered: 02/07/2022)

2022-02-07

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MOTION to Dismiss Complaint Under the First-to-File Rule by EcoFactor, Inc..(Kruzer, James) (Entered: 02/10/2022)

2022-02-10

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NOTICE of Appearance by Megan S Woodworth on behalf of ecobee Technologies ULC (Woodworth, Megan) (Entered: 02/11/2022)

2022-02-11

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ELECTRONIC NOTICE Setting Hearing on 26 MOTION to Dismiss Complaint Under the First-to-File Rule : MOTION HEARING SET FOR 4/21/2022 09:30 AM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted BY VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Geraldino-Karasek, Clarilde) (Entered: 02/15/2022)

2022-02-15

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NOTICE OF SCHEDULING CONFERENCE: SCHEDULING CONFERENCE SET FOR 4/21/2022 09:45 AM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Geraldino-Karasek, Clarilde) (Entered: 02/15/2022)

2022-02-15

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Notice Setting or Resetting Hearing on Motion

2022-02-15

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NOTICE of Appearance by Daniel A. Apgar on behalf of ecobee Technologies ULC (Apgar, Daniel) (Entered: 02/18/2022)

2022-02-18

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Opposition re 26 MOTION to Dismiss Complaint Under the First-to-File Rule filed by ecobee Technologies ULC. (Dockery, Alex) (Entered: 02/24/2022)

2022-02-24

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AFFIDAVIT in Opposition re 26 MOTION to Dismiss Complaint Under the First-to-File Rule DECLARATION OF MANNY J. CAIXEIRO filed by ecobee Technologies ULC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Dockery, Alex) (Entered: 02/24/2022)

2022-02-24

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CORPORATE DISCLOSURE STATEMENT by EcoFactor, Inc.. (Kruzer, James) (Entered: 02/28/2022)

2022-02-28

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MOTION for Leave to File REPLY BRIEF IN SUPPORT OF ITS PENDING MOTION TO DISMISS COMPLAINT UNDER THE FIRST-TO-FILE RULE by EcoFactor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Affidavit of Kristopher Davis, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J)(Mirzaie, Reza) (Entered: 03/15/2022)

2022-03-15

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Opposition re 34 MOTION for Leave to File REPLY BRIEF IN SUPPORT OF ITS PENDING MOTION TO DISMISS COMPLAINT UNDER THE FIRST-TO-FILE RULE filed by ecobee Technologies ULC. (Dockery, Alex) (Entered: 03/22/2022)

2022-03-22

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Judge Patti B. Saris: ELECTRONIC ORDER entered granting 34 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) (Entered: 03/25/2022)

2022-03-25

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REPLY to Response to 26 MOTION to Dismiss Complaint Under the First-to-File Rule filed by EcoFactor, Inc.. (Attachments: # 1 Affidavit of Kristopher Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Mirzaie, Reza) (Entered: 03/25/2022)

2022-03-25

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Order on Motion for Leave to File Document

2022-03-25

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Joint Counsel Letter Requesting In-Person Hearings . Modified docket text on 4/6/2022 . (Dockery, Alex) (Entered: 04/01/2022)

2022-04-01

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JOINT STATEMENT of counsel . (Attachments: # 1 Exhibit 1)(Dockery, Alex) (Entered: 04/06/2022)

2022-04-06

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Judge Patti B. Saris: ENDORSED ORDER entered " Denied " re 38 Joint Counsel Letter Requesting In-Person Hearings.(Geraldino-Karasek, Clarilde) (Entered: 04/06/2022)

2022-04-06

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CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Dockery, Alex) (Entered: 04/11/2022)

2022-04-11

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CERTIFICATION pursuant to Local Rule 16.1 . (Davis, Kristopher) (Entered: 04/13/2022)

2022-04-13

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Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 4/21/2022 BY VIDEO re 26 MOTION to Dismiss Complaint Under the First-to-File Rule filed by EcoFactor, Inc.ORDERED: Motion to dismiss is denied. Discovery is stayed pending decision on the motion to transfer in the Texas action. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 04/21/2022)

2022-04-21

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Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 4/21/2022 BY VIDEO Ordered: Motion to dismiss is denied. Joint Statement - NOT ADOPTED. Discovery is STAYED pending decision on the motion to transfer in the Texas action. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 04/21/2022)

2022-04-21

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Judge Patti B. Saris: MEMORANDUM AND ORDER entered. This Court denies the motion to dismiss and stays discovery in the present action pending a decision on venue in the Texas Action. The motion to dismiss (Docket No. 26 ) is DENIED. (Geraldino-Karasek, Clarilde) (Entered: 04/21/2022)

2022-04-21

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Scheduling Conference

2022-04-21

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Motion Hearing

2022-04-21

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Transcript of Motion Hearing held on April 21, 2022, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (Coppola, Katelyn) (Entered: 05/09/2022)

2022-05-02

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NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 05/09/2022)

2022-05-02

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Notice of Filing of Official Transcript

2022-05-09

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STIPULATION of Dismissal with Prejudice by ecobee Technologies ULC. (Fletes, Abigail) (Entered: 12/28/2023)

2023-12-28

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Overview

Parties

Defendant

EcoFactor, Inc. Follow

Represented By

Plaintiff

ecobee Technologies ULC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Furey, Jennifer) (Entered: 01/13/2022)

CORPORATE DISCLOSURE STATEMENT by ecobee Technologies ULC d/b/a ecobee identifying Corporate Parent Generac Holdings Inc. for ecobee Technologies ULC d/b/a ecobee.. (Furey, Jennifer) (Entered: 01/13/2022)

ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) (Entered: 01/14/2022)

Notice of Case Assignment

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Catherine N. Taylor Filing fee: $ 100, receipt number AMADC-9153086 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Daniel A. Apgar Filing fee: $ 100, receipt number AMADC-9153113 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Manny J. Caixeiro Filing fee: $ 100, receipt number AMADC-9153141 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Megan S. Woodworth Filing fee: $ 100, receipt number AMADC-9153154 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Timothy J. Carroll Filing fee: $ 100, receipt number AMADC-9153160 by ecobee Technologies ULC.(Dockery, Alex) (Entered: 01/25/2022)

AFFIDAVIT OF SERVICE Executed by ecobee Technologies ULC. EcoFactor, Inc. served on 1/21/2022, answer due 2/11/2022. Acknowledgement filed by ecobee Technologies ULC. (Furey, Jennifer) (Entered: 01/26/2022)

NOTICE of Appearance by David S. Godkin on behalf of EcoFactor, Inc. (Godkin, David) (Entered: 01/28/2022)

NOTICE of Appearance by James E. Kruzer on behalf of EcoFactor, Inc. (Kruzer, James) (Entered: 01/28/2022)

Order on Motion for Leave to Appear

Order on Motion for Leave to Appear

NOTICE of Appearance by Timothy J. Carroll on behalf of ecobee Technologies ULC (Carroll, Timothy) (Entered: 02/02/2022)

NOTICE of Appearance by Reza Mirzaie on behalf of EcoFactor, Inc. (Mirzaie, Reza) (Entered: 02/05/2022)

NOTICE of Appearance by Kristopher R. Davis on behalf of EcoFactor, Inc. (Davis, Kristopher) (Entered: 02/05/2022)

NOTICE of Appearance by Manny Caixeiro on behalf of ecobee Technologies ULC (Caixeiro, Manny) (Entered: 02/07/2022)

NOTICE of Appearance by Catherine N Taylor on behalf of ecobee Technologies ULC (Taylor, Catherine) (Entered: 02/07/2022)

MOTION to Dismiss Complaint Under the First-to-File Rule by EcoFactor, Inc..(Kruzer, James) (Entered: 02/10/2022)

NOTICE of Appearance by Megan S Woodworth on behalf of ecobee Technologies ULC (Woodworth, Megan) (Entered: 02/11/2022)

Notice Setting or Resetting Hearing on Motion

NOTICE of Appearance by Daniel A. Apgar on behalf of ecobee Technologies ULC (Apgar, Daniel) (Entered: 02/18/2022)

Opposition re 26 MOTION to Dismiss Complaint Under the First-to-File Rule filed by ecobee Technologies ULC. (Dockery, Alex) (Entered: 02/24/2022)

AFFIDAVIT in Opposition re 26 MOTION to Dismiss Complaint Under the First-to-File Rule DECLARATION OF MANNY J. CAIXEIRO filed by ecobee Technologies ULC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Dockery, Alex) (Entered: 02/24/2022)

CORPORATE DISCLOSURE STATEMENT by EcoFactor, Inc.. (Kruzer, James) (Entered: 02/28/2022)

Opposition re 34 MOTION for Leave to File REPLY BRIEF IN SUPPORT OF ITS PENDING MOTION TO DISMISS COMPLAINT UNDER THE FIRST-TO-FILE RULE filed by ecobee Technologies ULC. (Dockery, Alex) (Entered: 03/22/2022)

Order on Motion for Leave to File Document

Joint Counsel Letter Requesting In-Person Hearings . Modified docket text on 4/6/2022 . (Dockery, Alex) (Entered: 04/01/2022)

JOINT STATEMENT of counsel . (Attachments: # 1 Exhibit 1)(Dockery, Alex) (Entered: 04/06/2022)

Judge Patti B. Saris: ENDORSED ORDER entered " Denied " re 38 Joint Counsel Letter Requesting In-Person Hearings.(Geraldino-Karasek, Clarilde) (Entered: 04/06/2022)

CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Dockery, Alex) (Entered: 04/11/2022)

CERTIFICATION pursuant to Local Rule 16.1 . (Davis, Kristopher) (Entered: 04/13/2022)

Judge Patti B. Saris: MEMORANDUM AND ORDER entered. This Court denies the motion to dismiss and stays discovery in the present action pending a decision on venue in the Texas Action. The motion to dismiss (Docket No. 26 ) is DENIED. (Geraldino-Karasek, Clarilde) (Entered: 04/21/2022)

Scheduling Conference

Motion Hearing

Notice of Filing of Official Transcript

STIPULATION of Dismissal with Prejudice by ecobee Technologies ULC. (Fletes, Abigail) (Entered: 12/28/2023)

Track Case Updates

EcoFactor, Inc.

ecobee Technologies ULC