EMG Technology, LLC v. Etsy, Inc.

6:16-cv-00484

Overview

Case Number 6:16-cv-00484

Filing Date 2016-06-02

Status Terminated

Termination Date 2017-03-03

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

Presiding Judge Robert W. Schroeder, III

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

William Cornelius

1 Attorneys Listed

One American Center

One American Center, 909 ESE Loop 323

EMG Technology, LLC

2 Attorneys Listed

Etsy, Inc.

3 Attorneys Listed

District Court, E.D. Texas (txed)

Presiding Judge

Robert W. Schroeder, III

Patents Involved

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US6600497	Espacenet Google Patents

Docket Entries

EMG Technology, LLC v. Etsy, Inc.

Overview

Parties

Mediator

William Cornelius Follow

Represented By

Plaintiff

EMG Technology, LLC Follow

Represented By

Counter Claimant

Etsy, 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. (Ainsworth, Charles) (Entered: 06/02/2016)

CORPORATE DISCLOSURE STATEMENT filed by EMG Technology, LLC (Ainsworth, Charles) (Entered: 06/02/2016)

DEMAND for Trial by Jury by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 06/02/2016)

NOTICE of Attorney Appearance by Robert Christopher Bunt on behalf of EMG Technology, LLC (Bunt, Robert) (Entered: 06/02/2016)

SUMMONS Issued as to Etsy, Inc., and emailed to pltf for service. (mll, ) (Entered: 06/02/2016)

Add and Terminate Judges

Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Etsy, Inc..( McNabnay, Neil) (Entered: 06/16/2016)

Application Granted for Extension of Time to Answer Complaint

Return of Service Executed as to Etsy, Inc. on 6/9/2016, by personal service. (mll, ) (Entered: 06/27/2016)

NOTICE of Attorney Appearance by Chad Brian Walker on behalf of Etsy, Inc. (Walker, Chad) (Entered: 06/30/2016)

NOTICE of Attorney Appearance by William Brown Collier, Jr on behalf of Etsy, Inc. (Collier, William) (Entered: 08/01/2016)

MOTION to Dismiss For Failure to State a Claim by Etsy, Inc.. (Attachments: # 1 Text of Proposed Order)(McNabnay, Neil) (Entered: 08/01/2016)

ANSWER to 1 Complaint,, COUNTERCLAIM against EMG Technology, LLC by Etsy, Inc..(McNabnay, Neil) (Entered: 08/01/2016)

CORPORATE DISCLOSURE STATEMENT filed by Etsy, Inc. (McNabnay, Neil) (Entered: 08/01/2016)

NOTICE of Attorney Appearance by Gregory S Cordrey on behalf of EMG Technology, LLC (Cordrey, Gregory) (Entered: 08/01/2016)

NOTICE of Designation of Attorney in Charge to Stanley M Gibson on behalf of EMG Technology, LLC (Gibson, Stanley) (Entered: 08/01/2016)

NOTICE of Attorney Appearance by Ricardo Joel Bonilla on behalf of Etsy, Inc. (Bonilla, Ricardo) (Entered: 08/02/2016)

RESPONSE in Opposition re 11 MOTION to Dismiss For Failure to State a Claim filed by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) (Entered: 08/18/2016)

ANSWER to 12 Answer to Complaint, Counterclaim by EMG Technology, LLC.(Ainsworth, Charles) (Entered: 08/25/2016)

ORDER setting Scheduling Conference for 9/22/2016 02:00 PM before Magistrate Judge John D. Love. Signed by Magistrate Judge John D. Love on 08/26/16. (mll, ) (Entered: 08/26/2016)

Notice of Magistrate Availability

REPLY to Response to Motion re 11 MOTION to Dismiss For Failure to State a Claim filed by Etsy, Inc.. (McNabnay, Neil) (Entered: 08/29/2016)

SUR-REPLY to Reply to Response to Motion re 11 MOTION to Dismiss For Failure to State a Claim filed by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 09/09/2016)

NOTICE by Etsy, Inc. Defendant Etsy, Inc.'s Certificate of Interested Persons (Walker, Chad) (Entered: 09/12/2016)

NOTICE by EMG Technology, LLC CERTIFICATE OF INTERESTED PARTIES Pursuant to Dkt. 19 (Ainsworth, Charles) (Entered: 09/12/2016)

NOTICE by Etsy, Inc. of Compliance Regarding Service of Initial Disclosures (Collier, William) (Entered: 09/15/2016)

NOTICE of Discovery Disclosure by EMG Technology, LLC Service of Initial Disclosures Pursuant to the Scheduling Order (Dkt. 19) (Ainsworth, Charles) (Entered: 09/16/2016)

Submission of Proposed Docket Control Order by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/20/2016)

Submission of Proposed Discovery Order by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/20/2016)

Submission of Proposed Order regarding E-Discovery in Patent Cases by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/20/2016)

Submission of Proposed Protective Order by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/20/2016)

Submission of Proposed Order Focusing Patent Claims and Prior Art to Reduce Costs by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/20/2016)

Joint MOTION for Extension of Time to File Notice of Agreed Mediator by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) (Entered: 09/20/2016)

ORDER granting 31 Motion for Extension of Time to File Notice of Agreed Mediator to 9/21/2016. Signed by Magistrate Judge John D. Love on 9/21/16. (mjc, ) (Entered: 09/21/2016)

Submission of Proposed Revised Docket Control Order by EMG Technology, LLC . (Ainsworth, Charles) (Entered: 09/21/2016)

NOTICE of Designation of Mediator, William Cornelius, filed by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 09/21/2016)

Minute Entry for proceedings held before Magistrate Judge John D. Love: Scheduling Conference held on 9/22/2016. (srb) (Entered: 09/22/2016)

ORDER REFERRING CASE to Mediator. William Cornelius is appointed as mediator. Signed by Magistrate Judge John D. Love on 9/22/2016. (gsg) (Entered: 09/23/2016)

Notice of Hearing on Motion

PROTECTIVE ORDER entered. Signed by Magistrate Judge John D. Love on 9/22/16. (mjc, ) (Entered: 09/23/2016)

E-DISCOVERY ORDER entered. Signed by Magistrate Judge John D. Love on 9/22/16. (mjc, ) (Entered: 09/23/2016)

ORDER FOCUSING PATENT CLAIMS AND PRIOR ART TO REDUCE COSTS entered. Signed by Magistrate Judge John D. Love on 9/22/16. (mjc, ) (Entered: 09/23/2016)

DISCOVERY ORDER entered. Signed by Magistrate Judge John D. Love on 9/22/16. (mjc, ) (Entered: 09/23/2016)

NOTICE of Discovery Disclosure by EMG Technology, LLC Service of P.R. 3-1 and P.R. 3-2 (Ainsworth, Charles) (Entered: 09/29/2016)

Unopposed MOTION TO MOVE HEARING DATE by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) (Entered: 10/13/2016)

ORDER granting 43 Motion to Move Hearing. The Hearing Date for Defendant Etsy, Inc.'s Motion to Dismiss is hereby MOVED from 11-01-2016 to 11-09-2016 at 1:30 p.m. Signed by Magistrate Judge John D. Love on 10/14/16. (mll, ) (Entered: 10/14/2016)

Set Motion and R&R Deadlines/Hearings

Minute Entry for proceedings held before Magistrate Judge John D. Love: Motion Hearing held on 11/10/2016 re 11 MOTION to Dismiss For Failure to State a Claim filed by Etsy, Inc. (Court Reporter Una King) (srb ) (Entered: 11/10/2016)

NOTICE by Etsy, Inc. re 38 Scheduling Order,, NOTICE OF COMPLIANCE RE P.R. 4-1 PROPOSED CLAIM TERMS (McNabnay, Neil) (Entered: 11/28/2016)

NOTICE by Etsy, Inc. re 38 Scheduling Order,, NOTICE OF COMPLIANCE RE P.R. 3-3 INVALIDITY CONTENTIONS AND P.R. 3-4 DOCUMENT PRODUCTION (McNabnay, Neil) (Entered: 11/30/2016)

NOTICE by Etsy, Inc. re 11 MOTION to Dismiss For Failure to State a Claim DEFENDANT ETSY, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: # 1 Exhibit A)(McNabnay, Neil) (Entered: 12/06/2016)

RESPONSE to 49 Notice (Other) EMG's Response to Etsy's Notice of Supplemental Authority filed by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 12/07/2016)

Joint MOTION to Amend/Correct DOCKET CONTROL ORDER by EMG Technology, LLC. (Attachments: # 1 Proposed Revised Docket Control Order)(Ainsworth, Charles) (Entered: 12/13/2016)

REPLY to Response to Motion re 11 MOTION to Dismiss For Failure to State a Claim filed by Etsy, Inc.. (McNabnay, Neil) (Entered: 12/13/2016)

AMENDED DOCKET CONTROL ORDER. Signed by Magistrate Judge John D. Love on 12/14/16. (mll, ) (Entered: 12/14/2016)

RESPONSE to 49 Notice (Other) Sur-reply to Supplemental Authority re Motion to Dismiss - Dkt. 11 filed by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 12/16/2016)

Claim Construction and Prehearing Statement by EMG Technology, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ainsworth, Charles) (Entered: 01/17/2017)

REPORT AND RECOMMENDATIONS re 11 MOTION to Dismiss For Failure to State a Claim filed by Etsy, Inc., recommending the motion be granted. Signed by Magistrate Judge John D. Love on 1/25/17. (mjc, ) (Entered: 01/25/2017)

OBJECTION to 56 Report and Recommendations by EMG Technology, LLC. (Ainsworth, Charles) (Entered: 02/08/2017)

RESPONSE to 57 Objection to Report and Recommendations filed by Etsy, Inc.. (Attachments: # 1 Text of Proposed Order)(Walker, Chad) (Entered: 02/23/2017)

Joint MOTION to Stay Claim Construction Deadlines by EMG Technology, LLC. (Attachments: # 1 Text of Proposed Order)(Ainsworth, Charles) (Entered: 02/27/2017)

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 56 Report and Recommendations, overruling all objections, and granting 11 Motion to Dismiss filed by Etsy, Inc. Signed by Judge Robert W. Schroeder, III on 3/1/17. (mjc, )

Notice of Filing of Patent/Trademark Form (AO 120) at case termination. AO 120 e-mailed to the Director of the U.S. Patent and Trademark Office. (mjc, ) (Entered: 03/03/2017)

NOTICE OF APPEAL - FEDERAL CIRCUIT by EMG Technology, LLC. Filing fee $ 505, receipt number 0540-6189612. (Ainsworth, Charles) (Entered: 03/07/2017)

ACKNOWLEDGMENT OF RECEIPT on 3/8/17, by USCA-FEDERAL CIRCUIT as to 60 Order Adopting Report and Recommendations, 63 Notice of Appeal - FEDERAL CIRCUIT, 61 Judgment, and certified copy of Docket Sheet. (dlc, ) (Entered: 03/08/2017)

William Cornelius

EMG Technology, LLC

Etsy, Inc.